Article 1: Definitions
In these terms and conditions (the “Terms”), the defined terms below shall have the following meaning:
1.1 “Agreement”: an agreement between a Client and WingsClaim that is reached after the acceptance of these Terms by the Client. For Justice as a Service, the Agreement shall be considered reached when the Client has signed the Assignment Form or an Authority Document in addition to accepting these Terms.
1.2 “Assignment Form”: the document, whereby the Client, subject to the terms and conditions therein, assigns ownership of the Claim to AirHelp.
1.3 “Authority Document”: a document provided by WingsClaim to the Client, which authorizes WingsClaim or one of WingsClaim affiliates or partners to act on behalf of the Client. The document may be in many shapes and forms, due to various jurisdictional requirements, including, but not limited to, a Power of Attorney or a Client Care Agreement.
1.4 “Claim”: any claim against an airline for monetary compensation, damages or refund pursuant to Air Passenger Rights Regulation or goodwill compensation.
1.5 “Flight Compensation”: total amount of money paid by an airline in relation to a Claim as compensation, refund, damages, settlement, a gesture of goodwill or otherwise, to the Client or WingsClaim after the Client has accepted these Terms. Flight Compensation does not include any payments or reimbursements of attorney’s fees, cost of legal advice, court fees, collection cost, interest or similar, which payments shall belong solely to WingsClaim.
1.6 “Legal Action”: filing a Claim with a court or a government body, such as a national enforcement body (NEB), or handing over a Claim to a contracted legal representative, such as an attorney or law firm.
1.7 “Legal Fast Track”: is a procedure for airlines that usually do not pay Flight Compensation, unless Legal Action is taken. If AirHelp provides Justice as a Service by provision of Legal Fast Track, WingsClaim will charge both its Service Fee and Legal Action fee due to the increased risk and cost for WingsClaim.
1.8 “Member(s)”: person(s) that has purchased an AirHelp+ Membership.
Article 2: Agreement
2.1 After the Client has accepted these Terms and signed either the Assignment Form or Authority Document, the Client agrees to receive Justice as a Service and WingsClaim agrees to deliver Justice as a Service unless WingsClaim notifies the Client without unreasonable delay that WingsClaim cannot
get in charge with the Service.
2.2 By entering into an Agreement with WingsClaim, the Client warrants that he/she is authorized and has the 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 Assignment Form or an Authority Document, the Client warrants that he/she is authorized and has the legal capacity to sign the Assignment Form or an Authority Document on his/her own behalf and, where applicable, on behalf of his/her minor fellow passengers.
2.3 The Client acknowledges that WingsClaim only seeks Flight Compensation. The Client agrees that WingsClaim will not accept travel vouchers and/or other services as Flight Compensation and that such offer from airlines will be considered as refusal of payment, unless WingsClaim determines that the likelihood of a more favorable outcome for the Client is low and it under the circumstances would be the best choice to accept such offer.
2.4 The Client warrants that the Claim has not been assigned to third parties and no legal dispute is pending or expected between the Client and the airline in the same matter.
2.5 After signing the Assignment Form, the Client may not assign the Claim to any other party as the legal title to the claim has been assigned to WingsClaim. Any existing engagements or assignments, if any, must be cancelled before signing the Assignment Form or an Authority Document. For the avoidance of doubt, in the event that the Client has signed an Authority Document, the Client can withdraw the authority given in the Authority Document by giving written notice to WingsClaim.
2.6 If the Client receives any direct payments or any other compensation from the airline concerned after entering into the Agreement, the Client shall be obliged to advise WingsClaim without delay. Such payments shall be considered Flight Compensation and entitle WingsClaim to its Service Fee and Legal Action Fee if Legal Action was taken by WingsClaim prior to the Client receiving payment from the airline concerned. For the avoidance of doubt, Flight Compensation do not include any payments or reimbursements of attorney’s fees, cost of legal advice, court fees, collection cost, interest or similar, which payments shall belong to WingsClaim.
2.7 After signing the Assignment Form or an Authority Document, the Client shall be obliged to cease negotiations with the airline concerned and direct any contact made by the airline to WingsClaim in order to ensure that WingsClaim achieves the best result possible.
Article 3: Description of the Service
3.1 WingsClaim asserts the Client’s Claim for Flight Compensation from the operating airline on the basis of Regulation 261/2004 or any other Air Passenger Rights Regulation in force applicable to the Client’s particular air travel.
3.2 Flight data and information may be submitted to WingsClaim via the website, mobile email, or phone.
3.3 To pursue the Claim successfully, WingsClaim needs the Client’s signed Assignment Form or Authority Document, which he/she can send to WingsClaim via the web form, mobile app or using email or postal service. On receiving a Client’s signed Assignment Form or Authority Document, WingsClaim prepares the claim and sends it to the o airline immediateley and handles all further correspondence. For this part of Service, if Flight Compensation is paid, WingsClaim charges the amount previously determined with the Client.
3.4 If the operating airline fails to pay Flight Compensation within a reasonable period after being notified by WingsClaim and provided the case may be asserted with adequate certainty, WingsClaim may propose and initiate Legal Action to pursue the Claim. In the event that Legal Action is undertaken as advised and Flight Compensation is paid, WingsClaim charges the Legal Action Fee in addition to the Service Fee, which amount is 40€ per passenger.
3.5 In the event that a contracted legal representative is used for Legal Action, the Client will allow WingsClaim to grant the contracted legal representative access to all of the data communicated to WingsClaim and allow the legal representative to transfer information concerning the proceedings to WingsClaim. Where a separate Power of Attorney, Statement of Truth, Assignment Form or other additional documents are required by the relevant court, the Client undertakes to sign such additional documents.
3.6 If the contracted legal representative comes to the conclusion that there are insufficient prospects of success, the Client will be advised about this and neither WingsClaim nor the contracted legal representative will take further action.
3.7 If WingsClaim or the contracted legal representative institutes legal proceedings to pursue a Claim, WingsClaim will cover any costs incurred in the event the lawsuit is lost. In the event, the lawsuit is won, or a settlement has been reached between the airline and WingsClaim, WingsClaim will cover any costs incurred that are not covered by the airline. If a lawsuit is won, a claim for reimbursement of court fees will be put forward on behalf of the Client. The same applies for the cost of legal advice and attorney’s fees regardless of whether the legal proceedings are performed by WingsClaim or a contracted legal representative.
3.8 The Client acknowledges that it is the sole decision of WingsClaim to accept any settlement offer since the Client has assigned the Claim to WingsClaim. In case WingsClaim acts on behalf of the Client pursuant to an Authority Document, the Client authorizes WingsClaim to accept or reject settlement offers based on WingsClaim’s experience with the airline and the advice from external legal representatives.
Article 4: Fees and Payments
4.1 WingsClaim provides Justice as a Service free of charge unless WingsClaim is successful in collecting Flight Compensation. If WingsClaim is successful, WingsClaim will transfer the agreed part of the Flight Compensation to the Client, subject only to fees that will be apply pursuant to price agreeded previously with the Client. Court fees and attorney’s fees will be offset from any payments transferred to WingsClaim in the name of the Client. If WingsClaim is successful, but the Flight Compensation and/or attorney’s fees, court fees, interest or similar has been transferred directly from the airline to the Client, the Client will be invoiced and commits to without unreasonable delay transfer WingsClaim fees pursuant to the agreed price and the received attorney’s fees, court fees, interest or similar, if any, to WingsClaim .
4.2 Payment of the agreed part of the Flight Compensation to the Client will be done in the next seven days after receiving the compensatin from the airline.
4.3 If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to WingsClaim and the Client, after several reminders and reasonable endeavors from WingsClaim to contact the Client by other means than the email provided by the Client to WingsClaim, does not respond to correct or provide information needed to pay the agreed part of the Flight Compensation, WingsClaim shall be entitled to keep the part of the Flight Compensation that otherwise should have been transferred to the Client.
4.4 When WingsClaim has paid the agreed Flight Compensation pursuant to the instruction of and method selection by the Client, WingsClaim shall not be liable for:
i) checks, prepaid debit cards, credit cards and similar lost in transit to the Client;
ii) any effect of the Client giving wrong bank account information, wrong address or similar, including, but not limited to, the Flight Compensation being paid to the wrong receiver. If Flight Compensation at the fault of the Client has been paid to a wrong receiver, WingsClaim shall not be obligated to actively reclaim it.
4.5 No interest may be claimed for the period between the incoming and outgoing payments. WingsClaim reserves the right to retain any interest that has been recovered from the airline.
Article 5: Data Protection
5.1 WingsClaim will primarily use the personal data provided by the Client for the purpose of delivering the Service in accordance with the Agreement. WingsClaim may also collect personal data for other purposes such as statistics, administration, and communication, IT and security administration, physical security, authentication and authorization systems, support systems, a collaboration of internal projects and organizational teams and activities. All personal data is collected in accordance with the General Data Protection Regulation, Regulation (EU) 2016/679 (see Privacy Statement) or other data protection laws that may be applicable.
5.2 The Client provides WingsClaim with personal data under the General Data Protection Regulation or other data protection laws that may be applicable, with the explicit permission to process the personal data given by the Client and, where applicable, given on behalf of or by his/her fellow passengers for the use thereof in the context of the Agreement. WingsClaim will only transfer the personal data to third parties under the conditions as listed below:
i) if the Client has given consent;
ii) if it is for a purpose directly related to the original purpose for which the personal data was collected;
iii) if it is necessary for the preparation, negotiation and fulfilling the Agreement with the Client;
iv) if it is required due to a legal obligation, administrative or court order;
v) if it is required for the establishment or protection of legal claims or in defense of court actions;
vi) if it serves the prevention of misuse or other illegal activities, such as deliberate attacks, to ensure data security.
Article 6: Data and information from the Client
6.1 On request by WingsClaim, the Client or his/her fellow passengers will provide WingsClaim with all data or information that is required for the execution of the Agreement. The Client warrants that the data and information provided is correct, complete and true, and where applicable, given with the consent of the fellow passengers.
6.2 The Client agrees to fully indemnify WingsClaim in all respects for all third-party claims including, but not limited to, incorrect Client communications, provision of incorrect data/information and fraudulent conduct.
In case of incorrect data/information and fraudulent conduct, WingsClaim reserves the right to terminate the Agreement with immediate effect. If the Agreement is terminated in accordance with this paragraph, the Client will not have any right to compensation of any kind.
Article 7: Right of withdrawal
7.1 If you qualify as a consumer pursuant to EU-consumer regulations you have a statutory right of withdrawal.
7.2 You can withdraw your acceptance of our Agreement within 14 days from the conclusion of the Agreement (e.g., letter, email) without the need to specify any reasons. To exercise your right to withdrawal, the withdrawal must be communicated within the 14-day period mentioned above and it 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 our Agreement, if we have informed you that the airline has accepted the Claim, as we in such event have completed the service you requested. The withdrawal can be sent to our e-mail: email@example.com
Article 8: Final Provisions
8.1 WingsClaim is authorized to modify these Terms and to set forth additional conditions at any time and without notice. However, changes with a negative effect on the Client will not apply to the Client, unless the Client agrees to new changes.
8.2 The laws of Cliengt residence apply to these Terms, the Assignment Form and the Agreement between AirHelp and the Client. The Client is, however, always entitled to claim due to protection under mandatory provisions provided by laws of the country where the Client resides.
8.3 Should any provision of these Terms be or become void, illegal or unenforceable, this shall not affect the validity of the remaining provisions in any way whatsoever.
Made on 1st June 2020
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@ Daniel Martín