Please read these Terms and Conditions carefully before using the http://www.claimair.com website (hereinafter referred to as the “Website”).
The Website and the service ClaimAir is operated by the company ClaimAir s.r.o., with its registered place of business at Dlouhá 730/35, 110 00 Praha 1, Czech Republic, ID 04839692, a limited liability company incorporated in the Czech Republic.
These Terms and Conditions apply to all visitors, users and others who access or use the Website.
Should any clause of these Terms and Conditions become void, illegal or unenforceable, this shall not affect the validity of the remaining claims in any way whatsoever.
“Airline”: The air carrier operating the air transportation of passengers.
“ClaimAir”: ClaimAir s.r.o., a limited liability company, with its registered place of business at Dlouhá 730/35, 110 00 Praha 1, Czech Republic, ID: 04839692, incorporated in the Commercial register maintained by the Municipal Court in Prague, Section C 254500.
“Contract”: A contract between ClaimAir and the Client based on Client's consent to these Terms and Conditions, which are integral part hereof.
“Appropriate Legislation”: A law, regulation, convention, directive or similar, or any other regulation, that establishes a legal framework ruling rights of air passengers.
“Claim(s)”: Any claim, either financial or non-financial, arising from the Appropriate Legislation.
“Compensation(s)”: A financial amount paid by an airline to cover the Claim.
“Commission”: A remuneration of ClaimAir for successful collection of the Compensation for the Client (as specified in Part 9 – Commission and Fees).
“Client(s)”: A person who is entitled to the Compensation in accordance with the Appropriate Legislation, or another person or a company representing such person (pursuant to relevant power of attorney), and who requests ClaimAir to pursue the Claim. If the person is a minor, the Client becomes his or her parents, or other legal representative (custody etc.).
“Case”: A collection of information and documents provided by the Client(s) to ClaimAir establishing the Claim(s) and entitlement to the Compensation(s).
“Payment”: A financial sum paid by ClaimAir to the Client. The sum equals to the Compensation deducted by the commission and all applicable fees.
“Power of Attorney”: An authorization of the Client allowing ClaimAir to act on his or her behalf when pursuing the Claim from the Airline (as specified by the Section 6 - Power of Attorney).
“Assignment of Rights”: A formal act, whereby the Client assigns ownership of the Claim to ClaimAir to perform Legal Activities (as specified by the Section 7 - Assignment of Rights).
“Electronic Signature”: An electronic marker that indicates that the Client is agreeing or approving a contract or the contents of a document.
“National Enforcement Bodies”: Appropriate (state) authorities responsible for the enforcement and supervision of air passenger rights.
“Legal Activities”: An activity of enforcing rights of air passengers through the National Enforcement Bodies or court proceedings.
“Legal Partner(s)”: A legal partner(s) of ClaimAir, represented by a lawyer or a law firm, authorized to perform Legal Activities in a particular country.
ClaimAir pursues Compensations of the Clients airlines lawfully owe them pursuant to the Appropriate Legislation.
ClaimAir runs the Website for a purpose of informing its visitors about rights of air passengers and respective Claims.
The Website is also being used for collecting necessary information and documents of the Clients for the evaluation of Claims and processing of the Contract, as well as for a purpose of informing the Clients about the status of the Case.
Additional details and necessary documents can be also submitted to ClaimAir by email, fax, or, if possible, by phone.
After receipt of all details and documents, ClaimAir evaluates the validity of relevant data and enforceability of the Claim. The Clients are informed about the result of the investigation, about the acceptance of the Claim and about a reference code of the Case.
When the Claim is accepted, ClaimAir submits the letter of complaint to the relevant Airline without any delay and handles all further communication with the airline. By granting the Power of Attorney and/or Assignment of Rights the Client explicitly requests to start with services before expiration of the 14-day limit for withdrawal.
If necessary, ClaimAir may pursue the Claim by initiating Legal Activities. Prior to execution of Legal Activities, the Client is informed by email about Legal Activities together with the fact that the Client is charged a fee for legal services in accordance with the Section 9 - Commission and Fees. Clients are also informed if it is a case in which ClaimAir does not have a local legal partner if judicial local action is necessary, and that ClaimAir will make all the efforts but cannot offer 100% certainty that a partner will be partnered up for the specific case
If the Client refuses ClaimAir to undertake Legal Activities, the Contract is terminated with immediate effect in accordance with the Section 4 - Termination of the Contract and the Section 9 - Commission and Fees.
Legal Activities may be outsourced to Legal Partners. In such cases, the Client allows ClaimAir to forward all data relating to the Case to Legal Partners.
If a court proceeding is carried out either by ClaimAir or Legal Partners, ClaimAir will cover all costs and fees that may incur. In a case the court proceeding is won, ClaimAir will keep all recovery payments (proceeding costs) paid by the airline covering such costs.
ClaimAir reserves a right to accept or refuse any settlement offer made by the airline without a prior consent of the Client, in case it doesn't differ from the enforced Claim for more than 15%, or in case it is in the interest of the Client to do so, otherwise ClaimAir shall ask the Client for consent.
3 Establishing the Contract
The Client is enabled to control and change the data before submitting the Case, in order to find out and repair the mistakes made when entering the data. The Case is submitted by click to the button “Complete authorization”. The data entered in the Case are deemed correct.
Submitting the Case by the Client establishes the offer for the Contract. An e-mail confirmation of delivery is sent immediately after delivering the Case to ClaimAir. The Contract will be concluded once ClaimAir evaluates the Claim(s) as enforceable and inform the Client(s) about its acceptance via email.
ClaimAir reserves a right to refuse any Case request without needing to state any reasons. In every case, ClaimAir will inform the Client about such decision via email.
ClaimAir is responsible to store the documents and keep them confidential. ClaimAir is authorized to access the National Enforcement Bodies' websites and/or other information databases to obtain the relevant information necessary for enforcing the rights of air passengers.
ClaimAir does not charge any fees for the evaluation of the Claim. The evaluation is non-binding.
4 Termination of the Contract
The Contract is concluded for an indefinite period.
The Client is entitled to terminate the Contract at any time by sending the email request for termination to ClaimAir. The email should be sent to the email address: email@example.com.
ClaimAir is entitled to terminate the Contract with a 14-day notice. The Contract may be terminated either by email or by sending a written termination notice to the Client's address. In case the Contract is terminated by email, it shall be sent to the email address provided by the Client in the Case. In case the Contract is terminated by a written termination notice, it shall be sent to the postal address of the Client.
Termination of the Contract is free of charge.
The termination of the Contract does not affect the rights and obligations arisen during the term of the Contract. It especially does not affect the right to obtain the compensation for the completed legal action, that especially mean legal proceedings or negotiations, and the right to obtain the compensation if the claim is paid by the air carrier directly to the Client.
5 Power of Attorney
By granting the Power of Attorney, the Client allows ClaimAir to act on his or her behalf in relation to the Airline, as well as to perform the following acts: obtain the relevant information necessary for enforcing the rights of air passengers, act before National Enforcement Bodies, the Civil Aviation Authority or other competent bodies or entities, obtain the Compensation from the Airline, and any other activities related to enforcing the rights of the air passengers.
The Power of Attorney is granted free of charge and may be withdrawn at any time.
Withdrawal of the Power of Attorney is possible by sending an email request to ClaimAir at the email address: firstname.lastname@example.org.
In case of the withdrawal of the Power of Attorney, the legal relationship between the Client and ClaimAir is terminated, including the entitlement to the Payment, if it hasn't already been paid.
6 Assignment of Rights
The Client may assign the ownership of the Claim to ClaimAir. By accepting the Assignment of Rights, ClaimAir accepts the ownership of the Claim and commits itself to pursue the Claim on its own behalf.
The Assignment of Rights is not bound by any specific form. However, to avoid any doubts, ClaimAir recommends providing a written agreement.
The Assignment of Rights may be withdrawn at any time.
Withdrawal of the Assignment of Rights is possible by sending an email request to ClaimAir at the email address: email@example.com.
In case of the withdrawal of the Assignment of Rights, the legal relationship between the Client and ClaimAir is terminated, including the entitlement to the Payment, if it hasn't already been paid.
7 Identification of the Client
ClaimAir identifies the Clients by their email address.
The email address provided by the Client during the Case submission is used for all communication between the Client and ClaimAir.
In case of any changes to the email address, the Client is obligated to inform ClaimAir immediately.
8 Verification of the Data and Case
ClaimAir verifies the data and documents submitted by the Client for the purpose of evaluating the Claim(s) and the entitlement to Compensation(s). In case the submitted data and/or documents are incomplete or incorrect, ClaimAir will contact the Client via email to request additional information or clarification.
ClaimAir reserves the right to request additional data or documents if necessary. The Claim may not be pursued until all required data and documents are received and verified.
9 Commission and Fees
ClaimAir provides its services for a Success Fee, which is due only if the Compensation is paid by the Airline or in case the Claim is won in court proceedings or in any other legal proceeding.
The Success Fee is determined as a percentage of the amount of the Compensation granted by the Airline, excluding any taxes or duties that might be charged. The standard Success Fee is 30% (excl. VAT).
If the compensation consists of services provided by the Airline instead of a financial sum, ClaimAir will offer the Client a sum equal to the market price of these services in a written form.
The Client is entitled to accept the offer or to accept the service from the Airline instead of the sum, provided that the Compensation obtained by the Airline will be deducted by the Success Fee in the standard amount of 30% (excl. VAT).
In case the Claim is paid in several instalments, the Success Fee will be determined as a percentage of each instalment.
ClaimAir will not charge any Success Fee in case the Compensation paid by the Airline is below the amount of CZK 1,000 (VAT excluded).
ClaimAir will not charge any Success Fee in case the Claim is unsuccessful, i.e., the Airline refuses the Claim or proves its invalidity, or the Airline pays the Compensation directly to the Client.
ClaimAir will not charge any Success Fee in case the Claim is unsuccessful due to the refusal of the Client to initiate Legal Activities.
ClaimAir will not charge any Success Fee if the Client withdraws from the Contract within the 14-day withdrawal period according to Part 1 – Definitions, Section 4 - Termination of the Contract.
ClaimAir will cover all costs and fees of Legal Activities if such Legal Activities are necessary for successful completion of the Case. However, in case the Client initiates Legal Activities without prior consent from ClaimAir, the Client is responsible for covering all associated costs and fees.
10 Personal Data Protection
ClaimAir processes the personal data of the Client in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter referred to as the “GDPR”).
By entering into the Contract, the Client grants ClaimAir consent to process his or her personal data for the purposes of the Contract, as well as for the purposes of providing information on rights of air passengers and ClaimAir services.
The Client has the right to access his or her personal data and the right to correct any inaccurate personal data. The Client may request the erasure of personal data if the processing is no longer necessary for the purposes for which it was collected or otherwise processed, if the Client withdraws consent on which the processing is based and where there is no other legal ground for the processing, or if the personal data have been unlawfully processed.
ClaimAir may process the personal data of the Client for a maximum period of 10 years.
ClaimAir undertakes to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
ClaimAir does not share any personal data of the Client with any third parties except for the Legal Partners, National Enforcement Bodies, or other competent bodies or entities, and the Airline. ClaimAir shares only the data necessary for successful completion of the Case and enforcements of the rights of air passengers.
The Client has the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work, or place of the alleged infringement if the Client considers that the processing of personal data relating to him or her infringes the GDPR.
11 Limitation of Liability
ClaimAir is not responsible for any damages resulting from the use or inability to use the Website or services provided by ClaimAir.
ClaimAir is not liable for any damages caused by the third parties or for any indirect damages.
ClaimAir is not liable for any damages caused by incorrect, incomplete or outdated information submitted by the Client.
ClaimAir is not liable for any damages caused by the Airline's refusal to pay the Compensation or any other breaches of the Airline's obligations.
ClaimAir is not liable for any damages resulting from the termination of the Contract by either the Client or ClaimAir.
ClaimAir is not liable for any damages resulting from the withdrawal of the Power of Attorney or Assignment of Rights.
ClaimAir is not liable for any damages caused by circumstances beyond its control, including but not limited to natural disasters, strikes, wars, terrorist attacks, or other force majeure events.
12 Governing Law and Disputes
The Contract and these Terms and Conditions are governed by the laws of the Czech Republic.
Any disputes arising from the Contract or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the Czech Republic.
13 Contact Information
In case of any questions or concerns regarding these Terms and Conditions or the services provided by ClaimAir, the Client may contact ClaimAir at the email address: firstname.lastname@example.org.