Terms And Conditions

1: DEFINITIONS

In these terms and conditions (the “T&C”), the defined terms below shall have the following meaning:

1.1 “Agreement” shall mean the agreement between the Client and FlightDefender that is concluded after the Client accepted T&C, which is signed by electronic means or in writing. Under the Agreement the Client assigns to FlightDefender full ownership and legal title to his (her) monetary claim according to Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 or any other analogous or similar national regulation applicable in respect of the Client in another country.

1.2 “Claim” means any claim against the airline for monetary compensation according to Flight Compensation Regulation.

1.3 “Client” shall mean a person that has signed the Agreement, accepted T&C and is seeking Flight Compensation with the help of FlightDefender.

1.4 “Electronic Identification Regulation” means Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.

1.5 “Flight Compensation Regulation” means Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.

1.6 “Flight Compensation” means the total amount of money paid by the airline about a Claim as compensation, settlement or gesture of goodwill, including all additional expenses compensated to the Client or FlightDefender by free will and the decision of an airline after the Client has signed the Agreement and accepted T&C.

1.7 “Legal Proceedings” shall mean a process when FlightDefender files the Claim to a court, alternative dispute resolution institutions, aviation regulatory agencies, consumer protection agencies and/or governmental bodies or handling over the Claim to a contracted legal representative, such as an attorney or law firm.

2. AGREEMENT

2.1 The Client accepts T&C (the Agreement) which is considered as the basis of any other documents to be concluded between the Client and FlightDefender by free will.

2.2 FlightDefender uses an online authentication service for advanced electronic signatures complying with requirements outlined in Article 26 of the Electronic Identification Regulation that is internationally recognized and accepted even by courts.

2.3 By agreeing, the Client confirms that he (she) is authorized and has the legal capacity to sign documents binding both FlightDefender and the Client.

2.4 The Client confirms that the Assignment of Flight Compensation has not been assigned to third parties and no legal dispute is pending or expected between the Client and the airline on the same matter.

2.5 The Client understands that by making Assignment he/she may not conclude the same and/or any similar agreement, including companies competing with FlightDefender to act in the interest of the Client, take legal action about the collection of the Flight Compensation.

2.6 The Client undertakes to provide FlightDefender with all information that is required for the collection of the Flight Compensation from the airline.

2.7 FlightDefender is entitled to accept only Flight Compensation and no travel vouchers shall be accepted.

2.8 By signing the Agreement and agreeing with T&C the Client confirms that he (she) will not maintain any direct contact or accept the payment from an airline.

2.9 The Client confirms and declares that T&C is direct proof and expression of true will and to be respected by airlines.

2.10 The Client agrees with FlightDefender that all Flight Compensation payments made by airlines under FlightDefender‘s Claims should be made directly to the bank accounts owned by FlightDefender or other bank accounts as agreed by FlightDefender and the Client.

3. PURSUING THE CLAIM

3.1 Flight data about the Claim may be submitted to FlightDefender preferably via FlightDefender’s website. If FlightDefender estimates that the flight information provided by the Client is enough and Claim could be successful, FlightDefender shall execute necessary actions about the collection of Client’s Flight Compensation according to the documents signed and approved by the Client.

3.2 Please note that the result of the assessment as provided in Section 3.1 above does not include any binding statement and does not guarantee successful enforcement of the Claim.

3.3 When the Agreement is concluded, FlightDefender refers to the airline with the Claim to reach a settlement and avoid Legal Proceedings.

3.4 Provided the airline refuses to satisfy the Claim after FlightDefender has reached the respective carrier, FlightDefender, at its discretion, is entitled to initiate Legal Proceedings to pursue the Claim. FlightDefender, at its discretion, may initiate Legal Proceedings in other cases if the Flight Compensation recovery process would be more effective and (or) quicker this way.

3.5 If, after assessing the merits of the Claim, the legal representative considers that pursuit of the Claim during Legal Proceedings is unlikely to succeed, the Client will be informed and FlightDefender will pursue the Claim no further. Such notification of the Client shall mean that the collection of the Flight Compensation has ended and full ownership and legal title to the Assignment is automatically returned to the Client without the conclusion of additional agreements.

3.6 The Client and FlightDefender confirm their acknowledgment that FlightDefender has sole discretion to accept and/or reject any settlement offer by the respective airline. The Agreement is considered as enough legal ground for such discretion to be effective.

3.7 The Client acknowledges that the Claim handling may take considerable time and that FlightDefender cannot influence how quickly the Claim can be asserted.

4. FEES AND PAYMENT

4.1 Upon payment of the Flight Compensation by the airline FlightDefender and the Client shall settle by the procedure provided in the T&C.

4.2 FlightDefender pursues the Claim free of charge. If the Claim is successful and the Flight Compensation is received, the agreed part of the Flight Compensation will be paid to the Client according to the terms and conditions specified in the Service Fees List.

4.3 If the settlement agreement is not reached with the airline, FlightDefender is entitled to commence Legal Proceedings, which will increase the part of the Flight Compensation belonging to FlightDefender, as specified in the Service Fees List.

4.4 The Client confirms his (her) acknowledgment that parties to the Agreement may set-off their counterclaims.

4.5 If the Client fraudulently provides incorrect or incomplete data and FlightDefender incurs additional costs due to that, the Client shall reimburse such costs to FlightDefender.

4.6 If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to FlightDefender, FlightDefender is entitled to deduct all additional costs incurred by FlightDefender.

4.7 For the accounts in the Single Euro Payments Area (SEPA), all payments will be sent to the account via bank transfer. When making an international transfer to the Client, all bank fees are deducted from the Client‘s part of the Flight Compensation. To save banking costs, in case of shared booking, FlightDefender shall transfer all payments to a single account if the Client permits FlightDefender to do so.

4.8 FlightDefender shall not be liable for any checks, prepaid debit cards, credit cards and similar means which are lost by the Client as well as for any effect of the Client giving wrong bank account information.

4.9 If the Client requests so, FlightDefender shall provide an electronic invoice via email for any services delivered and fees charged by FlightDefender.

4.10 FlightDefender shall not be liable for any failure to pay the agreed Flight Compensation due to circumstances which are beyond its reasonable control, including, but not limited to strike, lock-out, labor dispute, an act of God, war, riot, compliance with a law or governmental order, rule, regulation, etc.

4.11 Flight Compensation and any other payments will be made by FlightDefender only to final beneficiaries with the right to claim Flight Compensation.

4.12. FlightDefender shall not pay Flight Compensation and (or) any other payments to intermediaries, agencies, representatives and (or) other third parties which, together with the request for payment of the Flight Compensation do not provide any specific written proof clearly and unambiguously confirming the authority to accept payments on behalf of the final beneficiary. In case of any doubt regarding the right to receive payments, FlightDefender has the right to request additional proof confirming the right to accept payments on behalf of the final beneficiaries and (or) unilaterally refuse to pay the Flight Compensation directly to such person.

5. CLIENT COOPERATION

5.1 The Client warrants that the information provided by the Client to FlightDefender in relation to the Claim is correct, complete, true and not misleading. The Client shall keep FlightDefender indemnified for any claims which arose due to incorrect information provided by the Client and/or lack of cooperation or improper cooperation by the Client.

5.2 Before engaging in the services of FlightDefender, the Client has not disposed of the Assignment in any other manner, nor has engaged any third party to enforce the Claim.

5.3 The Client shall with or without a specific request provide FlightDefender with all the information and documents that are required for processing the Claim, e.g. copies of identity documents, boarding pass, delay notification, correspondence with the flight operating carrier.

5.4 If the Client provides incorrect or incomplete information or if the Client withheld from FlightDefender that the Client has already received the Flight Compensation from the airline for the respective Claim and FlightDefender is not able to collect the Flight Compensation or losses through the Legal Proceedings, FlightDefender reserves the right to assert its claim against the Client for the resulting damage.

6. TERMINATION / WITHDRAWAL

6.1. The Agreement is terminated immediately when FlightDefender considers the Claim may not be successful after conducting an in-depth review of the Claim and the Client is informed or if there is incorrect/fraudulent information/conduct by the Client.

6.2 In the case of termination of the Agreement by the Client after contractual work has already been performed or after FlightDefender and/or legal representatives have commenced Legal Proceedings, FlightDefender is entitled to charge the Client administration costs as well as other costs incurred. The Client shall pay the amounts indicated in this Section within 5 days after receipt of FlightDefender’s invoice.

7. FINAL PROVISIONS

7.1 FlightDefender is authorized to alter T&C and set additional conditions at any time and without notice. If any such alterations are negative from the Client’s perspective, the Client shall have to approve such alterations for amended T&C to be applied to the respective Client.

7.2 Any dispute, controversy or claim, arising out of or relating to the T&C, its breach, termination or validity shall be finally settled in the respective court of FlightDefender’s choosing subject to the rules of jurisdiction unless mandatory provisions of law specify otherwise.

7.3 If any provision of T&C is held to be illegal, invalid or unenforceable by a court, the other provisions of T&C will remain in full force and effect.

7.4 In the case of discrepancies of the English version of T&C and any other language, the English text shall prevail.