Terms and Conditions
In these Terms and Conditions, the defined terms below shall have the following meaning:
1.1. “Agreement”: an agreement between a client and ClaimMyFlights, that has been entered into after the acceptance of these Terms the Conditions of use.
1.2. “ClaimMyFlights”: VUTOVSOFT Corp., 275 Slater Street, Suite 900, Ottawa, ON K1P5H9, Canada.
1.3. “Claim”: any claim against an airline for monetary compensation pursuant to the Air Passenger Rights Regulation.
1.4. “Client”: person (s) that has accepted these Terms and Conditions.
1.5. “Power of Attorney”: the document, whereby the client, subject to these Terms and Conditions therein, irrevocably assigns ownership of the claim to ClaimMyFlights.
1.6. “Flight Compensation”: total amount of money paid by an airline in relation to a Claim as compensation, goodwill gesture, settlement or otherwise, to a Client.
1.7. “Regulation 261/2004”: European Regulation 261/2004 of the European Parliament and the Council from 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights.
1.8. “Commission”: a commission equal to 25% deducted from the amount of compensation paid by the airline.
2.1. The Term and Conditions of use are binding for all clients. By clicking on the box “I have read and agree with the Terms and Conditions of use” the client agrees with, fully accepts and obliges himself to act in accordance to the Terms and Conditions of use. By signing the Terms and Conditions the Client issues a Power of Attorney for representation to ClaimMyFlights.
2.2. After filling up all fields on the page “Flight Compensation Form”, reading and agreeing with the Terms and Conditions of use and sending the form to our system the client makes a legally binding offer for a contract to ClaimMyFlights. An Agreement shall exist only if ClaimMyFlights accepts to pursue the Client’s Claim.
2.3. By entering into an Agreement with ClaimMyFlights, the Client warrants that he/she is authorized and has legal capacity to enter into the Agreement on his/her own behalf and, where applicable , on behalf of his/her fellow passengers. By signing the Power of Attorney form, the Client warrants that he/she is authorized and has legal capacity to sign the Power of Attorney form on his/her behalf and, where applicable, on behalf of his/her minor fellow passengers.
2.4. The Client warrants that the Claim has not been assigned to a third party and that no legal dispute is pending or is expected between the Client and the airline in the same matter.
2.5. After signing the Power of Attorney, the Client agrees may not assign the Claim to any other party as the legal title to the claim has been assigned to ClaimMyFlights. Any existing engagements or assignments, if any, must be cancelled before signing the Power of Attorney.
2.6. After signing the Power of Attorney, the Client shall be obliged to cease negotiations with the airline concerned and direct any contact made by the airline to ClaimMyFlights.
2.7. If the Client receives any payments or compensation from the airline concerned after entering into the Agreement, the Client shall be obliged to inform ClaimMyFlights immediately. Such payments shall be considered Flight Compensation and entitle ClaimMyFlights to its Commission if actions were taken by ClaimMyFlights prior to the Client receiving payment from the airline concerned.
3. Description Of Services
3.1. ClaimMyFlights asserts the Client’s claim for Flight Compensation from the operating airline on basis of European Regulation 261/2004.
3.2. To pursue the Claim successfully, ClaimMyFlights needs the Client’s signed Power of attorney, which he/she can send to ClaimMyFlights via the web form, using email or postal service.
3.3. In order to secure the compensation from the airline, ClaimMyFlights will use information from flight databases and try to reach an agreement with the airline outside the courtroom. The client is only bound to pay Commission to ClaimMyFlights after the successful payment of the compensation.
3.4. The price of the services of ClaimMyFlights will be deducted from the amount of the compensation paid by the airline in the case of a successful enforcement of the claim.
4. Payment And Commission
4.1. ClaimMyFlights only receives commission if the claim is successfully enforced. In the case of no compensation is collected for the customer he/she is not bound to pay for the efforts and services of ClaimMyFlights.
4.2. The ClaimMyFlights success-based commission is 25% which is deductible from the total amount of the compensation granted by the airline.
4.3. According to the Power of Attorney which the Client issues to ClaimMyFlights by signing the Terms and Conditions, the company has the right to deduct the agreed commission of 25% from the whole amount of the compensation before transferring it or paying it out in another way to the Client.
4.4. ClaimMyFlights is obligated to pay the agreed amount to the Client in 5 business days after receiving the compensation from the airline.
4.5. In case the airline transfer the compensation to the client’s account, the Client is obligated to inform ClaimMyFlights immediately requesting bank details and to transfer the service fee to ClaimMyFlights within 5 business days.
4.6. The Client is obliged to share his/her bank details with ClaimMyFlights so that a transaction may be executed. The payment may be issued by bank transfer, via PayPal, or by mailed check as per the Client preference. ClaimMyFlights is obliged to use the most inexpensive way of bank transfer if chosen. All costs for the transaction are covered by the Client.
5.1. The Agreement terminates when:
5.1.1. The Compensation has been paid in full to ClaimMyFlights by the airline and the agreed part of the Compensation has been transferred to the Client after the deduction of the applicable Commission.
5.1.2. ClaimMyFlights has established that the Claim should not be pursued after conducting an in-depth review of the case and has advised the Client that such Claim will not be pursued.
5.1.3. Incorrect information/data or fraudulent conduct, such as placing an invalid or forged signature, was submitted ClaimMyFlights reserves the right to terminate the Agreement effective immediately and without prior notice. If the Agreement is terminated in accordance with this paragraph, the Client will not have any right to compensation of any kind.
6. Rights And Obligations Of The Client
6.1. The Client is obliged to provide ClaimMyFlights all the data or information that is required for the execution of the Agreement. The client is obliged to forward every relevant piece of information which can influence his/her claim. The Client warrants that the information and data provided is correct, complete and true.
6.2. The client is obliged to inform ClaimMyFlights immediately if the airline tries to contact him/her directly or sends him/her a voucher in spite of the compensation.
6.3. The Client has the right to receive information about the status of his/her claim via his user profile on the website.
6.4. The Client bears full responsibility for protecting his username and password from third persons. The Client has the responsibility to immediately inform ClaimMyFlights if a breach of his privacy on the website comes to his attention so ClaimMyFlights can take all necessary measures to secure the account.
6.5. The client has the right to break the agreement with ClaimMyFlights at any time before the successful enforcement of his/her claim. The conditions for a withdrawal are regulated in Section 8 of the present Terms and Conditions.
7. Rights And Obligations Of ClaimMyFlights
7.1. ClaimMyFlights has the right to refuse to enter into an agreement with a Client who submits a Claim Compensation form.
7.2. ClaimMyFlights saves the right to terminate its services to a client if the client violates his/her obligations regulated in Section 6 of the Terms and Conditions.
7.3. ClaimMyFlights saves the right to restrict the access to the website for users, as well as to modify or terminate some of its services.
7.4. The Terms and Conditions can be changed at any time by ClaimMyFlights. ClaimMyFlights has the obligation to notify all clients and users of the changes by posting information about the change on a visible place on the website and giving the clients sufficient time to take note of the changes.
8. Right Of Withdrawal And Cancellation Policy
8.1. Every client who has entered into an agreement with ClaimMyFlights has the right of withdraw the acceptance of our Agreement without the need to specify any reason within 14 days after the agreement has been concluded. The withdrawal can be sent to ClaimMyFlights in any written form (letter, email).
8.2. To exercise your right of withdrawal, the withdrawal must be communicated within the 14 days period mentioned above and must clearly state that you wish to withdraw from the Agreement. Due to the nature of the service provided to you, you cannot withdraw from the agreement if we have informed you that the airline has accepted the Claim, as we in such event have completed the service you requested.
9. Final Provisions
9.1. ClaimMyFlights is authorized to alter these Terms and Conditions or to set forth additional conditions at any time and without notice. ClaimMyFlights has the obligation to notify all clients and users of the changes by posting information about the change.
9.2. The laws of Canada apply to these Terms and Conditions, the Power of Attorney and the Agreement between the Client and ClaimMyFlights.