Article 1: Definitions

The following terms have the following meanings:

• 1.1 Agreement: The agreement between the client and ClaimDelays, formed upon the client’s acceptance of these Terms. For Legal Assistance Service, the Agreement is considered valid after signing the Assignment Form or a Claim Request Agreement, in addition to accepting these Terms.
• 1.2 ClaimDelays: Claimee LTD, a company based in the United Kingdom, headquartered at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.
• 1.3 ClaimDelays: An online tool available on the ClaimDelays website or mobile application, allowing the client to submit potential request to ClaimDelays for identifying flight bookings and potential requests under air passenger rights regulations.
• 1.4 Airline: the commercial airline that operated the flight for which the customer is using our Services.
• 1.5 Air Passenger Rights Regulation: Any law, regulation, directive, or similar, at any level such as state, European Union, federal, national, or regional levels, which establishes rules on compensation, indemnification, or reimbursement for passengers due to denial of boarding, overbooked, delayed, cancelled or disrupted flights. Such regulations include, but are not limited to, EC261/2004,, the Turkish ‘SHY’ regulation, the 1999 Montreal Convention (MC99), or the Canadian Transportation Act. 
• 1.6 Assignment Form: A document transferring ownership of the customer’s Claim request to ClaimDelays, as per the Terms and Conditions, whereby ClaimDelays becomes the sole owner of the Claim
• 1.7 Claim Request Agreement: A document authorizing ClaimDelays or its affiliates to act on behalf of the customer, provided in various forms, such as a Power of Attorney or Customer Support Agreement.
• 1.8 Request: Any claim against an airline for compensation under Air Passenger Rights Regulation.
• 1.9 Customer(s): the individual (you) who has accepted these Terms. Customer may also be referred to as Client.
• 1.10 Compensation: Total money paid by an airline for a request, transferred to ClaimDelays after the client accepts the Terms.
• 1.11 Information Service: Provision of flight-related information by ClaimDelays, including airline details, airport information, and air passenger rights. Provided through electronic means like email, websites, or mobile applications.
• 1.12 Compensation Service: Pursuit of a claim by ClaimDelays, including but not limited to litigation if necessary.
• 1.13 Litigation: Legal action initiated at the customer’s request by qualified lawyers listed in the Lawyers’ Table or Lawyers’ Register.
• 1.14 Signature: is the signature provided by the customer either electronically via the ClaimDelays signing tool, which is the equivalent of a handwritten signature, or otherwise a handwritten or scanned signature. 
• 1.15 Fast Legal Route: Procedure for airlines not typically paying compensation without legal action. ClaimDelays may charge both service and litigation fees for such cases.
• 1.16 Our Fees: An appendix specifying accepted currencies, payment methods, and fees charged by ClaimDelays.
• 1.17 VAT: Value Added Tax.
• 1.18 Regulation 261/2004: Regulation (EC) No. 261/2004 establishing rules on compensation and assistance to passengers in cases of denied boarding, cancellation, or long delays.
• 1.19 Withdrawal: the process described in the Termination and Withdrawal section, that may be initiated by the customer if they want to withdraw from the Compensation Service or whereby ClaimDelays itself chooses to withdraw from the Compensation Service.

Article 2: Agreement

• 2.1 After the customer’s acceptance of these Terms, ClaimDelays provides the Eligibility and Information Services free of service, with further Legal Assistance upon signing the Assignment Form or Compensation Request Agreement.
• 2.2 Customers agree to receive Legal Assistance by accepting these Terms and signing relevant agreements, with ClaimDelays agreeing to provide this service unless unable to assist, communicated promptly.
• 2.3 Clients warrant authority toClaimDelays to enter the Agreement and sign relevant documents on their behalf and, if applicable, on behalf of accompanying individuals.
• 2.4 ClaimDelays only pursues flight compensation and may refuse travel vouchers as compensation unless deemed the best option.
• 2.5 The Customers ensures that compensation has not transferred to other third parties, and that no legal dispute with the airline on the same matter is pending or will be.
• 2.6 After signing the Assignment Form, the claim transfer is irrevocable. Any existing commitments or transfers must be canceled before signing the form. Additionally, the customer may not transfer the claim to any other party because the legal title over the claim has been assigned to ClaimDelays. If the customer has signed an Assignment Form or Compensation Request Agreement, the customer may revoke the power granted to ClaimDelays through a written notice to ClaimDelays.
• 2.7 In case of direct payments from the airline to the customer after the agreement, the customer must inform ClaimDelays without delay. Any payment from the airline directly to the customer is considered compensation and it gives ClaimDelays the the right to claim the service fee and any other additional litigation fees if ClaimDelays has filed a lawsuit.
• 2.8 Customers cease negotiations with the airline after signing the Assignment Form or Compensation Request Agreement and redirect any communication from the airline to ClaimDelays in order to ensure the best possible result.

Article 3: Legal Assistance Service

• 3.1 ClaimDelays raises compensation requests based on air passenger rights regulations for the customer’s specific air journey.
• 3.2 Flight data can be transmitted through various channels, including the website, mobile apps, email, or software supported by ClaimDelays.
• 3.3 The Assignment Form or Compensation Request Agreement, signed by the customer, is required for a successful claim pursuit.
• 3.4 If the airline doesn’t pay within a reasonable time, ClaimDelays may initiate legal action, charging a litigation fee in addition to the service fee if successful.
• 3.5 In the case that ClaimDelays uses a legal representative for litigation, the customer grants access to all the necessary data, and if required, signs additional documents. Additionally, the customer allows the legal representative to communicate any information about the case with ClaimDelays. The client also agrees to sign any other additional documents that may be necessary, such as Power of Attorney, declaration of authenticity, Authorization Form, etc.
• 3.6 If prospects of success in court are insufficient, ClaimDelays or the legal representative informs the customer and both ClaimDelays and the legal representative will stop any further actions.
• 3.7 ClaimDelays covers costs in case of lawsuit losses; if won, all costs not covered by the airline are covered by ClaimDelays.
• 3.8 Update for Romania: The company ClaimDelays cannot directly sue the airline operator on behalf of the passenger due to Romanian legislation. The company proposes alternatives if the airline refuses compensation. ClaimDelays may suggest more specific, specialized lawyers registered in Lawyers’ Register for their case or the assignment of the right to claim in exchange for a sum of money. 

Article 4: Fees and Payments

Article 5: Personal Data Protection

• 5.1 ClaimDelays uses personal data provided by the customers for the sole purpose of providing our Information and Compensation Services as outlined in the Agreement. Additionally,  ClaimDelays may collect personal data for purposes such as communication, authentication, statistics, organizationa activities, as well as any other support activity. All personal data is collected following GDPR (General Data Protection Regulation 2016/679) and other data protection laws (see the Privacy Statement).
• 5.2 The customer provides explicit permission to ClaimDelays for data processing and transfer under the GDPR or other data protection laws, as well as to use the personal data according to the Agreement. Personal data may be transferred to third parties in the following conditions: a) the customer has given their consent; b) it is directly associated with the purpose for which the data has been collected; c) it is necessary for fulfilling the agreement and the necessary preparation and negotiation; d) it is necessary in order to fulfill legal claims or to defend against potential legal actions; e) it is necessary to protect the customer from illegal activities such as deliberate attacks from third parties, in order to protect your personal data.

Article 6: Data and Information from the Client

• 6.1 The customer provides ClaimDelays with complete and accurate informetion for the execution of the agreement. Additionally, the customer guarantees that the information provided is true.
• 6.2 The customer fully indemnifies ClaimDelays for third-party claims arising from incorrect communications or any fraudulent behavior.
• 6.3 Incorrect information or fraudulent behavior may result in termination of the agreement immediately. In such case, the customer shall not have the right to any compensation.

Article 7: Right of Withdrawal

• 7.1 Customers that qualify under the EU consumer regulations have a statutory right of withdrawal within 14 days of the agreement conclusion. You may withdraw from acceptance of the agreement by email or letter, clearly stating the request to withdraw from the agreement. 
• 7.2 Withdrawal is not possible if ClaimDelays has received information from the airline that the customer’s claim has been accepted, or if ClaimDelays has already informed the client of the airline’s acceptance, due to the nature of the service provided. Withdrawal may be sent to our headquarters or to contact@claimdelays.com
• 7.3 ClaimDelays reserves the right to withdraw from the Agreement or Compensation Service if we have identified obstacles beyond our control that prevent us from obtaining Compensation for the customer. Exemples include: court closure, lockdowns, low Compensation value, airline insolvency or bankrupcy, etc. In all of the above mentioned cases, ClaimDelays will notify the customer about the obstacles and the closure of the Claim, and no fee shall be applied.

Article 8: Termination of the Compensation Service

• 8.1 The Compensation Service will terminate upon the earliest of the following will occur: a) the Claim has been settled with the Airline, the Customer has received the Flight Compensation, and all the amounts payable to ClaimDelays by the customer have been paid; or b) either ClaimDelays or the customer, at any time, give appropriate and timely written notice of termination; or c) immediately by ClaimDelays if we have reasonable suspicion to believe you have provided incorrect information, engaged in fraudulent behaviour, or engaged in any other activities that may be misleading or fraudulent – in which case you shall not be entitled to Flight Compensation. 

Article 9: Conditions and Terms Regarding Compensation Payment

• 9.1 ClaimDelays shall notify the customer to provide us with the bank details for transfer of the Compensation within 30 days of compensation receipt.
• 9.2 The term starts when ClaimDelays knows for certain that the received amount is compensation for the Flight of the Represented Client. If ClaimDelays receives a bank transfer that does not mention payment details as to whom the Represented Client is, ClaimDelays will contact the airline for clarifications within 7 days of receipt.
• 9.3 ClaimDelays shall transfer the Compensation derived from the Claim Request, retaining the applicable fee, to the customer within 30 days of receiving the bank details. The Represented Client cannot provide the bank details of any other person, because due to anti-money laundering legislation, ClaimDelayss will not be able to make the bank transfer. Additionally, ClaimDelays shall notify the Represented Client within 30 days if he has transmitted incorrect or incomplete bank details.
• 9.4 Payment for the Compensation is made in the currency received by ClaimDelays from the airline. In the case that the customer does not have an account in that currency, ClaimDelays will make the payment in EURO and the customer will accept their bank’s currency exchange rate.
• 9.5 If correct bank details are not received by ClaimDelays within 3 months since contacting the passenger regarding the request to transmit bank details for the transfer to be made, ClaimDelays does not bear any liability for non-compliance by the Represented Customer under the obligations mentioned at art. 9.1. In such case, ClaimDelays will retain the entire amount of compensation obtained from the airline at the end of the 3 month period.
• 9.6 The customer understands that ClaimDelays requests banking details for payment of the compensation, and non-compliance within 3 months fulfills and terminates the representation contract, and all the compensation obtained will be retained by ClaimDelays.

Article 10: Final Provisions

• 10.1 ClaimDelays can modify these Terms and Our Fees, add additional conditions at any time and without having to provide any notifiction. Customers will not be subject to changes that could negatively affect them, except if the clustomer accepts the new changes. 
• 10.2 United Kingdom law applies, with clients having the right to request local legal protections in their respective country of residence.
• 10.3 Null, illegal, or unenforceable provisions do not affect the validity of other provisions in these Terms and Conditions.
• 10.4 Rights and obligations related to claims may be transferred by ClaimDelays to any other company witn the ClaimDelays group of companies and by ClaimDelays to other third-parties.
• 10.5 The English version prevails in case of discrepancies with other versions.