General Terms and Conditions of Delayflights
(As of June 2017)
These Terms and Conditions constitutes the legal obligations between the passenger who has experienced a flight disruption (the Client) and Delayflights.co.uk (Delayflights Ltd.).In these terms and conditions , the defined terms below shall have the following meaning: 1. “Agreement”: an agreement between a Client and Delayflights Ltd. that is reached after the acceptance of these terms and conditions by the Client, which shall be considered finalized, when the Client has signed the Assignment Form or an Authority Document.The Client accepts these Terms and Conditions when he/she uploads a case on the website www.delayflights.co.uk & www.delayflights.com & www.rotarliucus.com
1.2 “Delayflights”: Delayflights Limited, a company incorporated in London with its registered office at 20 Buller Road, London, N17 9BH, England (Company number 10594569 ).
1.3 ”Air Passenger Rights Regulation”: any law, regulation, directive or similar, whether issued on state, federal, EU, national or regional level, that establishes rules on monetary compensation to passengers in the event of overbooked, delayed or cancelled flights.
1.4 “Assignment Form”: the document, whereby the Client, subject to the terms and conditions therein, assigns ownership of the Claim to Delayflights.
1.5 “Authority Document”: a document provided by Delayflights to the Client, which authorizes Delayflights or one of Delayflights’s affiliates or partners to act on behalf of the Client. The document may be in many shapes and forms, including, but not limited to, a Power of Attorney or a Client Care Agreement.
1.6 “Claim”: any claim against an airline for monetary compensation pursuant to Air Passenger Rights Regulation.
1.7 “Air carrier” means an Air carrier from which the Compensation is claimed.
1.8 “Client(s)”: person(s) that has accepted these Terms and Conditions.
1.9 “Flight Compensation”: total amount of money paid by an airline in relation to a Claim as compensation, settlement, gesture of goodwill or otherwise, to the Client or Delayflights after the Client has accepted these Terms and Conditions. For the avoidance of doubt, Flight Compensation do not include any payments of attorney’s fees, court fees, collection cost, interest or similar, which payments shall belong solely to Delayflights.
1.10 “Legal Action”: filing a Claim with a court or government body, such as a national enforcement body (NEB), or handing over a Claim to a contracted legal representative, such as an attorney or law firm.
1.11 ”Price List”: appendix attached to this Terms and Conditions specifying accepted currencies, methods of payment and all fees charged by Delayflights.
1.12 ”Regulation 261/04”: Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights.
2. Delayflights’s services
2.1. Delayflights asserts the Client’s Claim for Flight Compensation from the operating airline on the basis of Regulation 261/2004 or any other Air Passenger Rights Regulation in force applicable to the Client’s particular air travel.
2.2 Flight data and information may be submitted to Delayflights via website, mobile apps, email, other electronic or software solutions supported by Delayflights or phone. After receipt of a Claim, Delayflights performs a research to check the flight information and verify the flight data. If this evaluation proves that the Claim is sufficiently promising, Delayflights informs the Client that her/his Claim has been accepted and asks the Client to sign the Assignment Form or an Authority Document.
2.3 Assessment of the feasibility of the Client’s entitlement to reimbursement.
2.4 Calculation of the potential size of the claim.
2.5 To pursue the Claim successfully, Delayflights needs the Client’s signed Assignment Form or Authority Document, which he/she can send to Delayflights via the web form, mobile app or using email or postal service. On receiving a Client’s signed Assignment Form or Authority Document, Delayflights prepares a request for payment and sends it to the operating airline without unreasonable delay and handles all further correspondence.
2.6 Negotiating settlements with the Airline.
2.7 If the operating airline fails to pay Flight Compensation within a reasonable period and provided the case may be asserted with adequate certainty, Delayflights may initiate Legal Action to pursue the Claim. In the event that Legal Action is undertaken, the Legal Action Fee applies to cover the additional costs of Legal Action.
2.8 Recovery and payment of any compensation or damage amounts awarded to the Client.
2.9 Keeping the Client informed on the developments in the case on a regular basis.
3.1 In the event that a contracted legal representative is used for Legal Action, the Client will allow Delayflights to grant the contracted legal representative access to all of the data communicated to Delayflights and allow the legal representative to transfer information concerning the proceedings to Delayflights. Where a separate COA, Power of Attorney, Statement of Truth, Assignment Form or other additional documents are required by the relevant court, the Client undertakes to sign such additional documents. In case the Client has already signed an Assignment Form and signs a COA, Power of Attorney, Client Care Agreement or similar, the Claim is automatically assigned back to the Client.
3.2 If the contracted legal representative comes to the conclusion that there are insufficient prospects of success, the Client will be advised about this and Delayflights will take no further action.
3.3 If Delayflights or the contracted legal representative institutes legal proceedings to pursue a Claim, Delayflights will cover any costs incurred in the event the lawsuit is lost. In the event the lawsuit is won, or a settlement has been reached between the airline and Delayflights, Delayflights will cover any costs incurred that are not covered by the airline.
3.4 The Client acknowledges that it is the sole decision of Delayflights to accept any settlement offer, since the Client has assigned the Claim to Delayflights. In case Delayflights acts on behalf of the Client pursuant to an Authority Doucment, the Client authorizes Delayflights to accept or reject settlement offers based on Delayflights’s experience with the airline and the advice from external legal representatives.
3.5 By entering into an Agreement with Delayflights, the Client warrants that he/she is authorized and has legal capacity to enter into the Agreement.
3.6 When asking Delayflights to pursue the Client’s Claim, the Client automatically and simultaneously accepts these terms and conditions.
3.7 An Agreement will only be concluded, if Delayflights accepts to pursue the Client’s Claim. Delayflights is entitled to refuse to pursue any Claim without reason. In case of a refusal, Delayflights will notify the Client without unreasonable delay. If Delayflights accepts to pursue the Client’s Claim, the Client will be asked to sign the Assignment Form or an Authority Document. When the Client has signed the Assignment Form or an Authority Document, an Agreement has been made between Delayflights and the Client.
3.8 The Client acknowledges that Delayflights only seeks Flight Compensation. The Client agrees that Delayflights will not accept travel vouchers and/or other services as Flight Compensation and that such offer from airlines will be considered as refusal of payment.
3.9 Keeping the Client informed on the developments in the case on a regular basis.
3.10 The Client warrants that the Claim has not been assigned to third parties and no legal dispute is pending or expected between the Client and the airline in the same matter.
3.11 After signing the Assignment Form or an Authority Document, the Client may not engage any other party to pursue the Claim or assign the Claim to any other party. Any existing engagements or assignments, if any, must be cancelled before signing the Assignment Form or an Authority Document.
3.12 If the Client receives any direct payments or any other compensation from the airline concerned after entering into the Agreement, the Client shall be obliged to advise Delayflights without delay. Such payments shall be considered Flight Compensation.
3.13 After signing the Assignment Form or an Authority Document, the Client shall be obliged to cease negotiations with the airline concerned and direct any contact made by the airline to Delayflights in order to ensure that Delayflights achieves the best result possible.
4. The Agreement terminates:
4.1 When Flight Compensation has been accepted by Delayflights, paid in full to Delayflights by the airline and the agreed part of the Flight Compensation has been transferred to the Client after deduction of all applicable fees, or
4.2 When Delayflights has established that it would be futile to continue to pursue the Claim after conducting an in-depth review of the case and has advised the Client that such Claim will not be pursued.
4.3 If the Agreement is terminated pursuant to paragraph 2.9ii and the Client requests it, the Claim may be re-assigned to the Client, which is free of charge. Hereafter, the Client is free to pursue the Claim.
4.4 Different terms and conditions may apply to Clients submitting Claims pursuant to Delayflights agreements with third parties.
5. The Client’s obligations
The Client undertakes to do the following:
5.1 Unsolicited and without undue delay providing Delayflights with all relevant facts of the case both when filing the case and during the process. (E.g. if the Airline chooses to pay the compensation directly to the Client.)
5.2 Respond to requests from Delayflights truthfully and without undue delay.
5.3 Refrain from contacting or entering into any direct dialogue with the Airline, and in case of being contacted by the Airline directly, to refer the Airline to Delayflights.
6. Delayflights’s rights
Delayflights reserves the right at any time in the procedure:
6.1 To obtain information about the case from outside sources as well as to disclose the Client’s contact and flight information to the Airline or any third party.
6.2 To undertake any legal actions that may contribute to the payment of compensation or damages.
6.3 Without notice, to cease all further processing, e.g. if new information on the case in Delayflights’s opinion changes the likelihood of bringing any successful claims, the law has changed, the Airline’s ability to pay is impaired or the case has fallen under the statute of limitations, etc.
6.4 On behalf of the Client, to make any and all settlements, compositions and such to ensure the Client’s claim in case of the Airlines default, impending default, suspension of payments or confirmed financial problems. The amounts agreed upon in such settlements and agreements replace the Client’s original claim according to the Regulation 261/2004. Delayflights will adjust any and all claims according to section 5 to reflect the actual amount paid out by the Airline according to the settlement or agreement.
6.5 Delayflights, its associated companies, and collaborators have the right to contact the Client by telephone, letter, or electronic media for the purpose of marketing products and services as well as providing information on offers, newsletters, events, and contests. At any time, the Client can decline to be contacted by sending an e-mail to: email@example.com
7. The Client’s rights
The Client should generally leave it to Delayflights to recover the claim from the Airline. However, the Client always has the following options:
7.1 The right to, at any time, terminate the cooperation with Delayflights by written notice, and by paying the costs pursuant to paragraph 5g).
7.2 The right to be presented with any proposed settlement before they are accepted. The Client can choose a different solution than recommended by Delayflights, by paying the costs of the case to Delayflights.
7.3 In case, the Client on his/her own reach a settlement with the Airline without Delayflights’s involvement or knowledge about, the Client will be obliged to pay the costs of the case pursuant to paragraph 5a), together with those costs there may have been due to court proceedings, to Delayflights cf. paragraph 5d) and 5g).
8. Costs and Payments
8.1 Delayflights pursues the Claim free of charge. If Delayflights is successful in collecting Flight Compensation, Delayflights will transfer the agreed part of the Flight Compensation to the Client, subject only to fees that may apply pursuant to the Price List.
8.2 The Delayflights service is no-win, no-fee with absolutely no hidden charges.
8.3 Case costs payable to Delayflights amounts to 25% plus VAT of the Client’s total amount of compensation. Costs are not calculated of the Client’s refund of tickets, hotel accommodation, or other expenses related to the flight disruption.
8.4 In the course of collecting compensation or damages, additional costs may arise, for example legal fees, court fees, etc.. Such charges are laid out by Delayflights and are reimbursed by the other party if the case is won. If the case is lost, Delayflights will cover the costs.
8.5 Case costs are deducted from the amount of compensation or damages collected and not charged to the Client before compensation has been paid out.
8.6 If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to Delayflights, Delayflights is entitled to deduct all external cost imposed upon Delayflights plus a Change Fee to cover internal cost, for each incident. If the Client, after several reminders and reasonable endeavors from Delayflights to contact the Client by other means than the email provided by the Client to Delayflights, does not respond to correct or provide information needed to pay the agreed part of the Flight Compensation, Delayflights shall be entitled to keep the part of the Flight Compensation that otherwise should have been transferred to the Client.
8.7 When Delayflights has paid the agreed Flight Compensation pursuant to the instruction of and method selection by the Client, Delayflights shall not be liable for:
8.7.1 checks, prepaid debit cards, credit cards and similar lost in transit to the Client;
8.7.2. any effect of the Client giving wrong bank account information, wrong address or similar, including, but not limited to, the Flight Compensation being paid to the wrong receiver. If Flight Compensation at the fault of the Client has been paid to a wrong receiver, Delayflights shall not be obligated to actively reclaim it.
8.8 Costs and interest are not calculated in the event that Delayflights decides to stop pursuing the Client’s case. No interest may be claimed for the period between the incoming and outgoing payments. Delayflights reserves the right to retain any interest that has been recovered from the airline.
8.9 No invoices related to the services delivered and fees charged will be provided as default, but an electronic invoice can be requested and sent by email.
8.10 Delayflights shall not be liable for any amount of compensation, damages or similar, if Delayflights is prevented to transfer the payment to the Client by an event beyond its reasonable control, including without limitation, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood and storm.
8.11 Any Compensation paid by Delayflights to the Customer shall be by way of a bank transfer.Costs of any bank transfers or transaction fees are borne by the Client.
8.12 In certain cases, Delayflights is entitled to invoice the costs directly to the Client. It can happen in the following cases:
8.12.1 If compensation is paid out directly to the Client by the Airline.
8.12.2 If the Client wishes to terminate the agreement with Delayflights, before the case has been closed, Delayflights is entitled to invoice case costs as calculated in accordance with paragraph 5g).
8.12.3 If the Client wishes to enter into or refuse a settlement offer which is not according to Delayflights’s recommendation, Delayflights is entitled to invoice case costs as calculated in accordance with paragraph 5g).
8.12.4 If the Client has deliberately withheld information about the case or has deliberately given false information to Delayflights, or if the Client after Delayflights’s written request continuously fails to meet the obligations as stated in section 2, Delayflights is entitled to terminate the agreement with the Client with immediate notice and invoice costs in accordance with paragraph 5g).
8.13 In case of special circumstances as described in section 5f) Delayflights have the right to charge the Client in the amount of 25 % of the expected compensation amount as well as documented costs such as legal fees and the costs of legal assistance based on government rates, plus VAT.
9.These Terms and Conditions are applicable until one of the parties terminates the agreement.
10. Applicable Law
10.All contracts and dealings with Delayflights entered into are governed by the law of England and Wales. Any disputes to the Terms and Conditions, the Agreement or any other contractual relations shall be resolved and settled by the relevant court in England.
11.1 Delayflights will only use the personal data provided by the Client for the purpose pursuing the Claim in accordance with the Agreement and with respect of all applicable privacy and data protection laws. The Client provides Delayflights with personal data under the Personal Data Protection Act or other data protection laws that may be applicable, with the explicit permission to process the personal data given and for the use thereof in the context of the Agreement. Delayflights will only transfer the personal data to third parties under the conditions as listed below:
11.1 if the Client has given consent;
11.2 if it is for a purpose directly related to the original purpose for which the personal data was collected;
11.3 if it is necessary for the preparation, negotiation and fulfilling of a contract with the Client;
11.4 if it is required due to legal obligation, administrative or court order;
11.5 if it is required for the establishment or protection of legal claims or in defense of court actions;
11.6 if it serves the prevention of misuse or other illegal activities, such as deliberate attacks, to ensure data security.
12.Data and information from the Client
12.1 On request by Delayflights, the Client will provide Delayflights with all data or information that is required for the execution of the Agreement. The Client warrants that the data and information provided is correct, complete and true.
12.2 The Client agrees to fully indemnify Delayflights in all respects for all third-party claims including, but not
12.3 In case of incorrect data/information and fraudulent conduct, Delayflights reserves the right to terminate the Agreement with immediate effect. If the Agreement is terminated in accordance with this paragraph, the Client will not have any right to compensation of any kind.
13. Right of withdrawal
13.1 If you qualify as a consumer pursuant to EU-consumer regulations i.e. you are a natural person who enters into a legal transaction for a purpose that is neither your commercial nor your independent vocational activity, you have a statutory right of withdrawal.
13.2 You can withdraw your acceptance of our Agreement within 14 days from the conclusion of the Agreement (e.g., letter, email) without the need to specify any reasons. To exercise your right to withdrawal, the withdrawal must be mailed within the 14-day period mentioned above and it must clearly state that you wish to withdraw from the Agreement. Due to the nature of the service provided to you, you cannot withdraw from our Agreement, if we have informed you that the airline has accepted the Claim, as we in such event have completed the service you requested. The withdrawal must be sent to:
Registered office address
20 Buller Road, London, England, N17 9BH
e-mail: firstname.lastname@example.org & email@example.com
14. Termination and Final Provisions
14.1.These Terms and Conditions are applicable until one of the parties terminates the agreement.
14.2 Delayflights is authorized to alter these Terms and Conditions and to set forth additional conditions at any time and without notice. However, changes with a negative effect to the Client will not apply to the Client, unless the Client agrees to new changes.
14.3 The laws of England apply to these Terms and Conditions , the Assignment Form and the Agreement between Delayflights and the Client. Any dispute arising out of or in relation to these Terms and Conditions , the Assignment Form and the Agreement between Delayflights and the Client shall exclusively be settled by the law of England and Wales, in first instance.
14.4 Should any provision of these Terms and Conditions be or become void, illegal or unenforceable, this shall not affect the validity of the remaining provisions in any way whatsoever.
14.5 Rights and obligations fully or partially related to any submitted Claim may be transferred without restrictions by Delayflights to any entity within the corporate group of Delayflights and by Delayflights to third parties.
14.6 The English version of these Terms and Conditions shall prevail in case of inconsistency to any other language version.