GENERAL TERMS AND CONDITIONS
for air transport passengers and the relationships with them
These General Terms and Conditions constitute an agreement between you, as a Client/Passenger, and CLAIMHELP EOOD /hereinafter referred to as ClaimHelp/.
1: Definitions:
1.1. ‘Regulation (EC) 261/2004’: 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.
1.2. ‘Airline’: The carrier conducting the air transport of passengers.
1.3. ‘ClaimHelp’: CKAIMHELP EOOD, UIC 204545459, is a company registered in Bulgaria with legal address: city of Sofia, 26 Mayski den St, entrance C.
1.4. ‘Agreement’: The agreement made between ClaimHelp and the Client based on the latter’s acceptance of these General Terms and Conditions.
1. 5. ‘Claim’: This is any out-of-court or judicial procedure taken against the airline – air carrier to obtain monetary compensation for the passenger(s) pursuant to Regulation (EC) 261/2004.
1. 6. ‘Client’: Any natural person and/or legal entity, person’s/entity’s representative/s and/or successor/s on whose behalf the claim is made and who has given his/her consent, by way of authorization and following the acceptance of these General Terms and Conditions, to be represented by ClaimHelp before the respective airline and other persons / organizations.
1.7. ‘Power of attorney’: A document through which the Client gives his/her consent and grants representative power to ClaimHelp for the purpose of taking the necessary actions on Client’s behalf with respect to his/her claim.
1.8. ‘Legal action’: Totality of information and documents provided by the Client, necessary for ClaimHelp to undertake legal proceedings before a court on behalf of the Client, through a lawyer or law firm authorized to practice law in a given country.
2: General conditions:
2.1. These General Terms and Conditions are applied to and form an integral part of any agreement between ClaimHelp and the Client.
2.2. ClaimHelp reserves the right to amend these General Terms and Conditions.
2.3. Provided that ClaimHelp uses a lawyer / law firm and/or third party(ies) in the performance of the agreement, these General Terms and Conditions shall remain valid.
3: Agreement and procedures:
3.1. To the extent that the parties have not expressly agreed otherwise, all offers submitted by ClaimHelp to the Client shall not give rise to an obligation for ClaimHelp and shall be considered as an invitation to conclude an agreement. By filling in and submitting the information on our website www.claimhelp.eu and by accepting these General Terms and Conditions, the Client authorizes the ClaimHelp to act on Client’s behalf for the purpose of claiming compensation, against a specific air carrier, in relation to a flight delay, flight cancellation, denied boarding or other receivables of the passenger with respect to the air transport.
3.2. The Privacy policy of the ClaimHelp is part of the agreement and the General Terms and Conditions. This Policy can be found on our website www.claimhelp.eu, section ‘Legal notice’. Upon entering into the Agreement and signing the power of attorney, the Client shall be deemed to have been made aware of its conditions and the customer states that he/she accepts that Policy.
3.3. ClaimHelp may refuse to take on a specific case for which the Client has offered to enter into agreement via the website www.claimhelp.eu
3.4. Agreement exists only where it has been confirmed by ClaimHelp in writing, via email or any other way, or when ClaimHelp commences the processing of your documents. In case of irresistible force or a circumstance beyond the control of ClaimHelp (force majeure), the latter shall not be obligated to perform any of its obligations to the Client. For the duration of the irresistible force (force majeure), the performance of the obligations of ClaimHelp shall cease.
3.5. By entering into agreement with ClaimHelp, the Client affirms that he/she has not and/or will not file his/her claim directly with the respective air carrier, nor will the Client authorize a third party to that effect, without obtaining prior consent from ClaimHelp.
3.6. By entering into an agreement with ClaimHelp, the Client declares and warrants that he/she has the right to enter into this agreement and/or provide documentation, information and data on behalf of other passengers (including minors and/or minor children) who are part of a given reservation, for which the Client has obtained their consent or that of their parents, or that the Client himself/herself is the parent (guardian/custodian) of the child. In case of incorrect information provided or attempted fraud (e.g. forged signature, bank details and/or other information), ClaimHelp reserves the right to request additional documents and/or terminate the Agreement without notice. Where the Agreement has been terminated in connection with the preceding sentences, the Client shall not have the right to require that ClaimHelp provide services and/or compensation.
3.7. The Agreement and any submitted documents to the claim shall be kept in an electronic form by ClaimHelp from the moment the Agreement is accepted. Only ClaimHelp and persons authorized by it shall have access to the documents, except where these General Terms and Conditions provide otherwise.
3.8. Upon receipt of all data and documents, ClaimHelp shall assess the validity of the Client’s respective request for compensation from the air carrier and shall notify the Client by e-mail of the result, follow-up actions and reference number of Client’s claim.
3.9. Upon acceptance of the Client’s request for compensation from the air carrier, ClaimHelp, either directly or through the use of the services of a lawyer/law firm, makes a claim through an out-of-court procedure to the relevant airline and carries out further communication with the air carrier. By providing a signed power of attorney, the Client gives an explicit consent to be represented by ClaimHelp and warrants and represents that in no way shall attempt to contact the airline in connection with the Client’s flight.
3.10. If the airline refuses to pay compensation and ClaimHelp is of the opinion that the Client has grounds to receive such compensation, it shall prepare and initiate legal proceedings before a court through a lawyer or law firm, in order to satisfy the Client’s claim. The client shall be notified in advance by email of ClaimHelp’s intentions and may be required to sign a separate power of attorney to initiate legal action. If the Client rejects the initiation of a legal procedure before a court pf law, ClaimHelp shall continue its action in the out-of-court procedure of the claim raised.
3.11. Upon authorization by the Client, ClaimHelp may assign on behalf of the Customer the pursuit of litigation to a lawyer or a law firm. When initiating such legal proceedings through a lawyer or law firm, the Client is a party to such proceedings and the costs incurred in the course of the proceedings are covered by the Client or on Client’s behalf and at Client’s expense by ClaimHelp. Such expenses shall be reimbursed to ClaimHelp upon satisfaction of Client’s claim by deducting such expenses from the payment made by the air carrier – debtor.
3.12. ClaimHelp has the right to withdraw from the Agreement with five days’ notice of its termination to the Client in writing, via e-mail or a free text letter.
4: Commission and payment:
4.1. ClaimHelp shall receive a commission only in the event of successful settlement of the claim, namely after receiving the compensation due from the airline.
4.2. ClaimHelp does not require payment of any fees or commissions, if the Client has not received any compensation in relation to the claim against the airline brought on behalf of the Client.
4.3. The commission of ClaimHelp is 30% (VAT included) (excluding bank fees for transfers and currency conversion) on the full compensation due to each passenger, in respect of each claim for which compensation is sought, relating to a delayed or canceled flight, denied boarding or other receivables of the passenger in connection with the air transport. Upon Customer’s request, ClaimHelp may provide information on the amounts of the respective bank service fees. Where the Client has been referred by a tourist agency or other partner, or the Client’s claim is being processed through such ClaimHelp partner, an additional administrative fee of EUR 25 shall be deducted from the compensations paid by the air carrier on the claim(s).
4.4. The Client unconditionally agrees that ClaimHelp shall deduct the commission payable to the latter from all compensations paid by the air carrier on the claim(s).
4.5. In the event that the air carrier refuses to pay compensation or does not respond to the claim after a two-month period from the date of making the claim, and ClaimHelp is of the opinion that the Client has grounds to receive such compensation, ClaimHelp shall prepare and commence an out-of-court procedure (file a complaint) in order to satisfy the Client’s claim before: the relevant national law enforcement authority in the country responsible for the application of Regulation (EC) 261/2004 and the protection of passenger rights, and/or before any other competent authority, regarding a violation of Regulation (EC) 261/2004, and/or before the relevant alternative dispute resolution body. The Client shall be notified in advance by email of ClaimHelp’s intentions in that regard. In the hypothesis under the preceding sentences, the commission in item 4.3. shall increase and shall amount to a total amount of 35% (VAT inclusive).
4.6. Where, after Client’s consent, the dispute with the air carrier for the payment of compensation is referred for resolution in court, ClaimHelp shall take action to provide the relevant documentation and a procedural representative (lawyer / law firm) to the Client, in which case the commission in item 4.3. shall increase and shall amount to a total amount of 35% (VAT inclusive). If, pursuant to the rendered and effective court order, the Client is awarded only part of the claimed compensation, ClaimHelp shall deduct a commission only from the amount awarded by the court.
4.7. By way of the power of attorney that the Client issues to ClaimHelp and by declaring that he/she accepts these General Terms and Conditions, ClaimHelp has the right to deduct the agreed commission and other expenses paid by ClaimHelp on behalf of the Client from the compensation amount before transferring the remaining amount to the Client’s account.
4.8. ClaimHelp shall remit the remainder of the compensation within the shortest time frame following the receipt of the compensation and following the deduction of the commission and other expenses paid by ClaimHelp on behalf of the Client. Any bank and other transfer fees shall be borne by the Client.
4.9. Where ClaimHelp has paid the compensation due to the Client for the specific flight, in accordance with the information provided by the Cleint, ClaimHelp shall not be held liable for any Client’s action such as: provision of inaccurate bank account information, address, etc., as a result of which the compensation due has been paid to the wrong recipient. If, due to Client’s fault, the compensation due has been paid to the wrong recipient, ClaimHelp shall not be obliged to redo the payment of the amount.
4.10. Where the Client has provided incorrect or incomplete information which prevents the making of the electronic bank transfer and as a result of which ClaimHelp must resend the agreed portion of the compensation, the Client shall be liable to pay ClaimHelp additional fee for the repeated remittance in the amount of EUR 25. If the Client wishes so, ClaimHelp may send an electronic invoice via email.
5: Rights and obligations of the Client:
5.1. The Client has free access to the website of ClaimHelp www.climhelp.eu and has the opportunity at any time to make a proposal for the conclusion of an agreement and assistance by ClaimHelp.
5.2. The Client may request and obtain information from ClaimHelp on the status of Client’s claim, it’s movement, or receive copies of documents provided by him/her in connection with the filed claim for compensation.
5.3. The Client shall assist to achieve a successful settlement of the claim by providing credible data, information and documents. In the event that the debtor pays financial compensation directly to the Client or demonstrates that he intends to do so, the Client is obliged to inform ClaimHelp as soon as possible, and upon receiving the compensation from the airline, the Client undertakes to pay ClaimHelp, within five days of receiving it, the due commission, fees and expenses incurred in accordance with these General Terms and Conditions. In each individual case the Client must cooperate fully in order to ensure successful settlement of the claim.
5.4. The Client may not assign to third parties or undertake by himself/herself procedure for the recovery of the compensation due regarding the claim(s| in respect of which the Client has provided representative power to ClaimHelp. If the Client wishes to launch such procedure against the air carrier, he/she must notify ClaimHelp of this and proceed with any such action after having obtained the explicit consent of the ClaimHelp.
5.5. The Client must provide a specific bank account number to which the compensation amount due will be remitted following the deduction of the commission for ClaimHelp, any fees and any costs incurred in accordance with these General Terms and Conditions. The Client must do this within five business days
of receiving a notice via email.
5.6. The Client may cancel the services of ClaimHelp. The conditions of cancellation are described in item 5.8. of these General Terms and Conditions.
5.7. By checking the box “I give my consent to ClaimHelp to process the claim on my behalf” when submitting the request via the website www.claimhelp.eu, the Client accepts and agrees with these general terms and conditions. He/she is bound by them and must comply with them.
5.8. A Client who has entered into an agreement with ClaimHelp may cancel that agreement within 14 days of entering into it. The termination must be in writing and sent to ClaimHelp via e-mail or as a free text letter.
5.9. The Client may not forgo the agreement made, if the claim has been allowed by the airline-debtor, i.e. ClaimHelp has successfully completed the procedure before the date of Client’s cancellation request.
6: Penalties:
6.1. In the event that the Client fails to fulfill his/her obligation under item 5.3. of these General Terms and Conditions and after the expiry of the period specified in this item, he/she shall owe ClaimHelp commission, fees and any expenses incurred in accordance with these General Terms and Conditions, together with a 5% penalty on the amount due.
7: Personal data protection:
7.1. ClaimHelp shall use the personal data provided by the Client for the purposes, terms and on the grounds detailed in ClaimHelp’s “Personal Data Privacy Policy”. ClaimHelp shall process personal data in accordance with the relevant personal data protection legislation.
7.2. ClaimHelp has the right to disclose a Client’s personal data to third parties, to the extent that the Client has consented to this or to the extent that this is necessary for the filing of a claim assigned by the Client.
7.3. Insofar as the Customer has not provided their explicit consent for ClaimHelp to process the personal data provided by them (i.e. name, PIN, date of birth, nationality, gender, address, place and country of residence, passport data, flight data, bank details, email, etc.), ClaimHelp shall perform such processing on the basis of performance of pre-contractual or contractual obligations, on the basis of company’s legitimate interest, respectively, insofar as that interest is without prejudice to the interests or fundamental rights and freedoms of the Customer.
8: Applicable law and jurisdiction:
8.1. For all issues not covered by these General Terms and Conditions, the provisions of the current legislation of the Republic of Bulgaria shall apply.
8.2. Disputes between the parties shall be resolved amicably and in good faith. Where no agreement is reached, all unsettled disputes arising out of the relationships between the parties shall be referred for resolution to a competent court.
8.3. In case of discrepancy between the texts in the various languages, the Bulgarian text shall prevail.
These General Terms and Conditions were adopted on 15.05.2025 and enter into force on 01.06.2025.