GENERAL CONDITIONS

For air transport passengers and the relationships with them

These General Conditions constitute an agreement between you /as a consumer/ client and CLAIMHELP ltd /hereinafter referred to as ClaimHelp of the Company/

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’: CLAIMHELP ltd is a company registered in EU with legal address: city of Sofia, 26 Mayski den St, apt. 50, Bulgaria .

1.4. ‘Agreement’: The agreement made between ClaimHelp and the Client based on the latter’s acceptance of these General conditions.

1.5. ‘Claim’: Any claim brought by a passenger against the airline – carrier for compensation 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 bringing the claim and giving his/her consent, by way of authorization and following the acceptance of these General conditions, to be represented by ClaimHelp before the respective airline.

1.7. ‘Power of attorney’: The 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.

1.8. ‘Lawsuit’: The totality of information and documents provided by the Client needed by ClaimHelp to file a claim with the court on Client’s behalf comprising a lawyer or a law firm authorized to practice law in a particular country.

2: General conditions:

2.1. These General 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 conditions.

2.3. Provided that when implementing the agreement ClaimHelp uses lawyer / law firm and/or third party/ies, these General conditions shall also apply with respect to such partners or third parties.

3: Agreement and procedure:

3.1. All offers are non-binding and should be viewed as an invitation to enter into agreement, unless ClaimHelp provides otherwise. By filling in and submitting the information on our website www.claimhelp.eu and by accepting these General conditions, the client authorizes the company to act on client’s behalf for the purpose of claiming compensation, against a specific air carrier, in relation to flight delay, flight cancellation or denied boarding.

3.2. The privacy policy of the company is part of the agreement and the General Terms and Conditions. This policy can be found on our website www.claimhelp.eu, in the Legal Notice section. Upon entering into the Agreement and signing of the power of attorney, the Customer 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 company shall not be liable to perform any of its obligations to the Customer. 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 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 confirms that he/she has the capacity to enter into such an agreement or to provide instructions on behalf of other passengers (including minors and / or minors) which are a part of a specific reservation for which the Customer has obtained their consent or that of their parents, or that the Customer itself is the parent (custodian) of the child. In cases of incorrect information and fraudulent conduct, such as placing an forged signature, bank details or any other information, ClaimHelp reserves the right to request additional documents or to terminate the Agreement effective immediately and without prior notice. If the Agreement is terminated in accordance with this paragraph, the Client will not have any right to compensation of any kind.

3.7. The agreement and any submitted documents shall be kept in an electronic form by ClaimHelp as of the time of claim acceptance. Only ClaimHelp has access to the documents, except where these General conditions provide otherwise.

3.8. Upon receipt of all data and documents, ClaimHelp shall assess the validity of the respective claim and inform the client via email about the results, any subsequent actions and the reference number of client’s claim.

3.9. Upon acceptance of the claim, ClaimHelp files a written complaint with the respective airline and conducts 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 their flight in question.

3.10. If the airline refuses to pay compensation and ClaimHelp is of the opinion that the Customer has reason to obtain compensation, it will prepare and initiate a legal action to satisfy the Customer’s claim. He will be notified in advance of the ClaimHelp’s intentions and may need to sign a separate Power of Attorney from the Customer to initiate legal action.  If the Client refuses the undertaking of any such actions, the agreement is terminated as of the time of the submitted written refusal.

3.11. Upon authorization by the Customer, ClaimHelp may assign on behalf of the Customer the pursuit of litigation to a lawyer or a law firm. Upon initiation of legal proceedings to which the Customer is a party through a ClaimHelp legal partner, any expenses incurred in the course of the trial shall be borne by the Customer or shall be covered on Customer’s behalf and at Customer’s expense by ClaimHelp. Such expenses shall be reimbursed to ClaimHelp upon satisfaction of Customer’s claim by deducting such expenses from the payment made by the air carrier – debtor.

4: Commission fee and payment:

4.1. ClaimHelp shall receive a commission only in case of a successful settlement of the claim, i.e. upon securing the compensation due.

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 by the client.

4.3. The commission fee payable to ClaimHelp amounts to 25 % of the total compensation due to each passenger with respect to each individual claim for which compensation is sought which claim pertains to a delayed or canceled flight as well as
in case of denied boarding. Upon Customer’s request, ClaimHelp may provide information on the amounts of the respective bank service fees. Where the customer has been referred by a tourist agency or other partner, or the customer’s claim is being processed through such ClaimHelp partner, an additional administrative fee of EUR 25 shall be deducted.

4.4. The client unconditionally agrees that ClaimHelp will deduct the commission fee payable to the company from all compensations paid by the air carrier on the client’s claim/s.

4.5. Where the dispute has been resolved in a court of law and according to the court’s decision the client has been awarded only a portion of the claimed compensation, ClaimHelp shall deduct a commission only from the amount awarded by the court.

4.6. Pursuant to the power of attorney which the client issues to ClaimHelp and upon client’s affirming the acceptance of these General conditions, the company is entitled to the agreed-on commission fee from the compensation before remitting the remainder
to the client’s account.

4.7. 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 fee. All costs than may result from the transaction are borne by the client.

4.8. Where ClaimHelp has paid the compensation due to the customer for the specific flight, in accordance with the information provided by the customer, ClaimHelp shall not be held liable for any customer’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 customer’s fault, the compensation due has been paid to the wrong recipient, ClaimHelp shall not be obliged to redo the payment of the amount.

4.9 Where, due to negligence or other reason, the Customer has provided incorrect or incomplete information which prevents the making of the electronic bank transfer and as a result of which ClaimHelp must send the agreed portion of the compensation once again, the Customer shall be liable to pay ClaimHelp additional fee for the repeated transfer in the amount of EUR 50. If the Customer 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 company’s website www.claimhelp.eu and may at any time make an offer to enter into an agreement with and receive assistance by ClaimHelp.

5.2. The client may request and obtain information from ClaimHelp on the status of client’s claim, its progress, 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 case the debtor pays a financial compensation directly to the client or the debtor demonstrates its intent to do so, the client must inform ClaimHelp as soon as possible. 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 company.

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 fee for ClaimHelp. 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 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 conditions. The client 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 letter in a free format.

5.9. The client may not cancel 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 Customer fails to fulfill his obligation under item 5.3. of these General Terms and Conditions and after the expiration of the term specified in this point, he owes to ClaimHelp the commission specified in item 4.3. together with 5% of the compensation amount.

7: Personal data protection:

7.1. ClaimHelp will use the personal data provided by the client solely for the purpose of fulfilling the agreement. ClaimHelp will comply with the privacy provisions and/or the respective legislation on personal data protection.

7.2. Only after obtaining client’s consent may ClaimHelp disclose personal data to third parties, provided that such disclosure is required in order to reach successful outcome on the claim.

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 and email), 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

8.1. Any agreements made with ClaimHelp, irrespective of client’s location, shall be governed by the Bulgarian law.

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 in the city of Sofia.

8.3. In case of discrepancy between the texts in the various languages, the Bulgarian text shall prevail.

Date of General Conditions: 01 august 2018