1. Definitions
“Agreement” means that you have read and agree to these Claim Terms and the Questions and Answers, that you chose to appoint us to carry out the Services and acknowledge that you have been advised of the alternatives to appointing us to act on your behalf and that you agree to pay us for the Services in the event that we win your Claim.
“Benefit” means all non-monetary benefits in whatever form including but not limited to all benefits that will arise from any delay, cancellation, diversion or refusal to allow boarding of any relevant flight.
“Claim” means the Customer’s claim or claims against the Airline or Provider Company for delay cancellation, diversion or refusal to allow boarding. This includes referring a contested claim to the Financial Ombudsman Service (FOS) and all claims referred to the Financial Services Compensation Scheme (FSCS) and litigation in the court of jurisdiction.
“Claim Application” means the application form provided in the online Claims Pack setting out the circumstances under which a customer may make a claim.
“Claims Pack” means the combined documentation containing a claim application, the questions and answers, a letter of authority and these claim terms of business all available to view and download.
“Claim Terms” means these Terms & Conditions.
“Customer” means the person or persons making the claim and whose details are shown on the Declaration and Authority.
“Fee” means the fee of 15% +VAT of the total redress payable, plus £25 admin charge.
“Relevant Airline or Provider” means the airline or provider company that sold the customer passage on the relevant flight.
“Questions and Answers” means the information setting out commonly asked questions and answers in relation to the claims process available online at the Airclaim site.
“Redress” means any sums paid or awarded in respect of any claim made by us on your behalf. This includes “benefits”, compensation, gesture of goodwill, refunds, discounts or vouchers.
“Services” means the work which we will undertake on your behalf in respect of your Claim and which is set out more specifically in clause 3.
“Us”, “We” and “Our” means Airclaim which is a trading name of AirclaimLawyers4u Ltd.
“You” and “Your” means the customer(s).
“Case Files” means those passenger files submitted to the AIRCLAIM REVIEW section by the air carriers or their appointed representatives.
“Air Carriers” means EU registered commercial air travel companies.
“Appointed Representatives” means those bodies or organisations appointed by Air Carriers and recognized by AIRCLAIM as duly appointed customer service providers.
2. Duration:
a. The Agreement shall commence on the date you sign the letter of authority and assignment declaration to us and, unless terminated earlier as per clause 6 below, will continue until the earlier of:
- I. Redress is recovered for you by us and you have paid the Fee, or
- II. We have advised you in writing that in our opinion your Claim is unlikely to succeed and we are declining to act for you.
3. We agree to:
a. Review your Claim Application and assess the likelihood of your claim being successful.
b. If after we have reviewed your Claim Application, it is our opinion that your Claim is unlikely to be successful we may decline to act for you. We will notify you of this fact in writing.
c. If we accept your Claim Application, we will confirm this to you in writing and prepare and submit your claim to the relevant Airline or Provider.
d. We will liaise with the relevant Airline or Provider. and use reasonable endeavours to pursue your Claim.
e. We will notify you promptly of any requests for additional information or documentation that the relevant Airline or Provider. need to investigate your Claim.
f. Notify you of any circumstances beyond our control which prevent us from performing the services under this contract.
4. You agree to:
a. Appoint us as your exclusive agent to handle this Claim. This means that you cannot handle the Claim yourself or appoint another person or firm to act on your behalf in respect of this Claim, unless you terminate this Agreement with us. You can however, claim through ourselves if you have previously contacted the airline and received no response.
b. Provide full authority to us to deal with the relevant Airline or Provider on your behalf and that any Redress due should be paid to us directly from the relevant Airline or Provider.
c. Provide truthful and accurate information regarding your Claim.
d. Provide copies of all documentation that are in your possession and which relate to the Claim.
e. Report to us immediately if the relevant Airline or Provider contact you direct and provide us with any communication you receive direct from the . relevant Airline or Provider.
f. Notify us of any settlement received by the relevant Airline or Provider immediately upon receipt.
g. Respond promptly to requests by us for further information, or documents that may be needed to progress your Claim.
h. Return all completed documents to us prior to their submission to the relevant Airline or Provider and/or FOS and/or the FSCS.
i. Pay us a Fee of 25% + VAT of any Redress due as a result of a successful Claim, regardless of whether the redress is paid in cash, offset against an outstanding balance, or paid into an IVA or to a Trustee in Bankruptcy.
j. Upon receipt of an invoice for the Fee, you will pay the amount due to us within 7 days of the date of the invoice.
k. Except where you request otherwise in writing, allow us to use any successful claim you may have for the purposes of our advertising. Where we elect to use details of your successful claim for advertising purposes We shall change your personal details to protect your identity.
5. Fees
Our fee is 25% +VAT of the Redress which we obtain for you as a result of a successful Claim. Our fee is payable in respect of each offer made for each claim addressed by the relevant Airline or Provider. We will not charge you if the Claim is unsuccessful. In the event redress or portion thereof is made by the relevant airline or provider in non monetary value, i.e. vouchers, the customer agrees to pay to us the equivalent sum in cash to our regular fee of 25% + VAT prior to release of vouchers to customer by us
a. Where we receive Redress directly, we will issue you an invoice for the amount of our fee and deduct the Fee, together with any further deduction pursuant to clause 5(h), directly from the relevant Airline or Provider. We shall forward to you any balance of monies after 28 days of receipt of the Redress.
b. If the relevant Airline or Provider does not pay the Redress directly to us, we will send you an invoice for the amount of the Fee.
c. Our Fee must be paid within 7 days of the date of the invoice.
d. We reserve the right to charge you interest on all sums which have not been paid by you at the rate of 8% per annum over the base lending rate of Barclays Bank.
e. We reserve the right to charge you for any reasonable costs incurred in seeking to recover our Fee from you.
f. Our Fee is payable when a fair and reasonable offer is made by the relevant Airline or Provider regardless of whether the redress is paid in cash, as an offset against an outstanding or existing balance, or paid into an IVA or to a Trustee in Bankruptcy. Our Fee is payable if you do not accept an offer made by the relevant Airline or Provider which we deem to be fair and reasonable based upon the guidelines of the Financial Services Authority and the Financial Ombudsman Service, and which we would, in all circumstances, recommend is accepted by you.
Example of how your redress can be paid and our fees apply:
- 1. Total Redress £1,000.00 – received full sum in cash – our fee would be 25% +VAT of the Total Redress being £293.75 (a total of £293.75).
- 2. Total Redress £ 500.00 + £ 500.00 in vouchers – our fee would be 25% +VAT of the Total Redress being £293.75 (a total of £293.75). with £ 146.87 payable directly by the customer to us prior to the release of the vouchers
6. How You Can Cancel This Agreement
a. You have 14 days from the date of signing this Agreement to cancel your authority for us to act on your behalf.
b. You can cancel the Agreement at any time after this by giving us 14 days’ notice.
c. If cancellation is made after the initial 14 day period, we reserve the right to charge a reasonable fee to cover the costs incurred by us in performing the services under this contract up to the date of cancellation.
d. If at the time of cancellation described in 6b above, we have received an offer of Redress which is reasonable based upon the guidelines of the Financial Services Authority and the Financial Ombudsman Service, and which we would, in all circumstances, recommend is accepted by you, we reserve the right to charge the full Fee.
7. How We Can Cancel or Change This Agreement
a. We can cancel this Agreement by giving you 14 days’ notice in writing if any of the following events occur:
- I. We become aware that your Claim is unlikely to succeed.
- II. You are declared bankrupt.
- III. You enter into an Individual Voluntary Arrangement with your creditors.
- IV. You do not follow any reasonable recommendations made by us.
- V. You provide information which you knew to be false or misleading in support of your claim and this information is material to the success of your Claim.
- VI. You withhold information which you knew to be material to the success of your Claim.
- VII. You fail to respond to reasonable requests for information or documents in a timely manner and this prevents us from providing the Services.
- VIII. You breach a term of the Agreement and you do not correct this breach within 14 days of receiving written notification from us detailing the breach and the action required to resolve the breach.
- IX. You refuse to accept an offer of Redress which is reasonable based upon the guidelines of the Financial Services Authority and the Financial Ombudsman Service, and which we would, in all circumstances, recommend is accepted by you.
b. If cancellation is made after the initial 14 day period, we reserve the right to charge a reasonable fee to cover the costs incurred by us in performing the services under this contract up to the date of cancellation.
c. If at the time of cancellation described in 7(a) above, we have received an offer of Redress which is reasonable based upon the guidelines of the Financial Services Authority and the Financial Ombudsman Service, and which we would, in all circumstances, recommend is accepted by you, we reserve the right to charge the full Fee.
d. This agreement shall apply to each case on which you instruct us to act and cancellation by us of one case shall not prejudice the agreement in respect of any other cases you may have. Should we cease to act on one case, we shall continue to act on all other cases unless we notify you otherwise. Cancellation of one claim does not prejudice our right to invoice for fees in relation to other claims we may be conducting on your behalf.
e. We may change the terms of this Agreement from time to time to reflect a change of company policy, the increased cost of providing the service to you, to reflect changes or predicted changes in legislation, taxation or regulation, or as a result of decisions made by the Financial Ombudsman Service. Any change to the terms of this Agreement will be posted to our website at https://www.airclaim.net/t-cs/
8. Airclaim Review
a. This section applies exclusively to the business to business service offered by AiRCLAIM and as such these specific terms (a-f) are not applicable to any other section of the www.airclaim.net site
b. other than those specifically titled as AIRCLAIM REVIEW.
c. Air carriers can submit multiple case files via the provided link to the Airclaim CMS for review. This is the only accepted form and transmission of case file information.
d. Airclaim will acknowledge receipt of case files within 24 hours of receipt including a review and return date.
e. All case files review fees are fixed at 50 EURO per case file. In the event of a lead passenger plus family case file no additional fees will be levied.
f. Air carrier users or their appointed representatives will make payment of fees within 24 hours of receipt of reviewed case files.
g. Payment protocols are at the discretion of the Air carrier user or their appointed representatives but subject to approval of AIRCLAIMLAWYERS4U ltd.
9. General Conditions About This Agreement
a. This Agreement is governed by English law.
b. You cannot transfer your rights and/or obligations under this Agreement but you can terminate the Agreement in accordance with clause 6 above.
c. It is possible to do the claim yourself. If your relevant airline or provider rejects your claim you could approach the Financial Ombudsman or seek assistance from organizations such as the Citizens Advice Bureau, Advice UK, National Debtline, Consumer Credit Counseling Services and Parents Pennies Pounds.
We recommend You print out a copy of these terms and conditions for Your future reference.
