Terms & Conditions

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TERMS AND CONDITIONS

Unless the context requires otherwise, the capitalised terms utilised as a part of these terms and conditions (“T&C”) will have the implications indicated below:


“Agreement”
shall mean an understanding/Power of Attorney between the Client and Right Claims that is finished up after acknowledgment of T&C by the Client, which is signed by electronic means given in Right Claims's website as well as the application. In the event that that the transfer of the Client's rights is not accepted, the Agreement is consequently considered as the Client's communicated and unavoidable authorisation solely for Right Claims or somebody Right Claims designates to bargain for the Client's benefit, for all reasons identified with the Claim including court litigation and gathering of payments.


“Claim”
implies any claim against a carrier for money related remuneration in accordance with Flight Compensation Regulation.


“Client”
means any natural or legal individual that has accepted the T&C and is looking for Flight Compensation with the assistance of Right Claims. To avoid uncertainty, if there should arise an occurrence of a legal individual, the legal individual itself instead of its representative might be considered as the Client and should expect all rights and commitments given in the Agreement including the Flight Compensation.


“Flight Compensation”
implies aggregate sum of cash paid by a carrier in connection to a Claim as remuneration, settlement, gesture of goodwill or otherwise, to the Client or Right Claims after the Client has accepted T&C. To avoid any doubt, Flight Compensation do exclude any payment of attorney's court fees, collection cost, interest or comparable; those payments shall belong solely Right Claims.


“Electronic Identification Regulation”
refers to the European Parliament and of the Council's Regulation (EU) No 910/2014 of of 23 July 2014. This regulation deals with electronic identification and trust services for electronic transactions in the internal market and has repealed Directive 1999/93/EC.


“Flight Compensation Regulation”
refers to the European Parliament and of the Council's Regulation (EC) No 261/2004 of 11 February 2004. This regulation establishes common guidelines on reimbursement and support to passengers in the event of refusal of boarding and of cancellation or long delay of flights, and repealed Regulation (EEC) No 295/91.


“Privacy and Data Protection Requirements”
will refer to all the applicable laws and regulations related to the processing of personal data and privacy. These may include where applicable the guidance and codes of practice (if any) issued by the relevant supervisory authorities, and the equivalent of any of the foregoing in any relevant jurisdiction (whether obligatory or not).


“Proceedings”
will refer to a procedure when Right Claims fills the Claim with a court, ADR, aviation regulatory agencies, consumer protection agencies and/or governmental body or handing over the Claim to contracted legal agent, for example, a lawyer or law firm. The above mentioned definitions should be utilised after finishing up and executing any document or transaction associated with T&C.

1. AGREEMENT

  1. Agreement will serve as the basis of any other documents to be exchanged between the Client and Right Claims, after the Client has accepted the T&C. This also includes the Agreement on the basis of which Right Claims will be pursuing the Claim against an airline company.
  2. Right Claims holds the authority to conclude the Agreement with the Client when a decision has been received regarding the pursuance of the Claim.
  3. Right Claims uses online authentication service for advanced electronic signatures complying with requirements set forth in Article 26 of the Electronic Identification Regulation that is internationally recognised and accepted even by courts, so the Client does not have to print, sign and return the Agreement by registered mail.
  4. In accordance to the requirements set forth in Article 26 of the Electronic Identification Regulation, which is internationally recognised and accepted by courts, so the Client will not have to print, sign and return the Agreement by registered mail.
  5. By going into an Agreement, the Client warrants that he/she is approved and has legal ability to go into the Agreement.
  6. The Client warrants that the Claim has not been allocated to third parties and no legal issue is pending or expected between the Client and the carrier in a similar issue. After completion of the Agreement, the Client might not consult with the airline and should forward to Right Claims all related communication. For the term of the Agreement, the Client will not conclude any similar agreement with organisations contending with Right Claims to act in for the client legally or discard the Claim.
  7. The Client agrees being solely responsible for furnishing Right Claims with all information and additional data that is required for the execution of the Agreement.
  8. Right Claims will only be entitled to accept monetary compensation in response to a Claim from the airline and no other material like travel vouchers etc. will be accepted; they might however be accepted in the event that Right Claims decides the airline is providing sufficient compensation.

2.PURSUING OF THE CLAIM

  1. Flight information in connection to the Claim might be submitted to Right Claims ideally by means of Right Claims' site, mobile application, email as well as some other electronic. After such information is received by Right Claims, Right Claims should survey the benefits of the flight and whether a Claim on the grounds of such flight information could be effective. If Right Claims assesses that the flight information gave by the Client is adequate and Claim could be effective, the Client should be required to consent to the Agreement put forward by Right Claims.
  2. At the point when the Agreement is concluded, Right Claims quickly refers to the aircraft with a demand for payment to be made on account of the Claim. At first, Right Claimsshould begin the Claim in a friendly way with a specific end goal to keep away from litigation.
  3. Given Right Claims declines to fulfill the Claim after Right Claims has reached the airline carrier, Right Claims will start Proceedings to pursue the Claim.
  4. Amid Proceedings, the legal representative of Right Claims should be conceded access to all information given by the Client to Right Claims to effectively seek after the Claim. Considering any third party require any extra information demonstrating the representation by the legal individual, other than the Agreement, the Client, with the direction of Right Claims, might promptly give any such reports.
  5. In the event that, subsequent to surveying the benefits of the Claim, the legal representative considers that pursuance of the Claim amid Proceedings is not going to succeed, the Client will be communicated and Right Claims will seek after the Claim no further. Such information conveyed to the Client will imply that the assignment has completed.
  6. If Proceedings are started to pursue the Claim, the Client should be absolved from any expenses caused if the Claim is lost. If there is an occurrence of success or settlement in Proceedings, Right Claims will take care of any expenses acquired that are not secured by the airlines. Given that the Claim is effective and the Client gets remuneration, the Client concurs that all expenses concurred by Right Claims and claimed from the carrier goes to Right Claims.
  7. The Client and Right Claims affirm their acceptance that Right Claims has sole discretion to accept as well as reject any settlement offer as per involvement with individual airlines. The Agreement is considered as adequate legal grounds for such discretion to be applicable.
  8. Right Claims seeks after the Claim for free. Given the Claim ends up being successful and the Flight Compensation is accepted by Right Claims, it should transfer 75% of the Flight Compensation to the Client, and Right Claims will get 25% of such Flight Compensation which might be considered as performance fee by Right Claims. Any charges under T&C incorporate pertinent VAT.
  9. The Client concurs that if a friendly course of action with the airlines is unsuccessful in regards to the Claim, Right Claims will Proceedings which might bring about the performance fee which is paid to Right Claims demonstrated above to be expanded however not in excess of 50 % of the Claim total amount.
  10. In the event that the Client incorrect or deficient information and Right Claims incurs extra expenses because of such information, Right Claims might deduct such expenses from the Flight Compensation and the rest of the measure of the Flight Compensation shall be given to the Client.
  11. To spare bank costs, in the event of shared booking, Right Claims might transfer all installments to a single account, upon approval from the Client.
  12. Right Claims might not be responsible for any checks, prepaid credit cards, Mastercards and similar, and additionally for any impact because of the Client giving incorrect bank information.
  13. In the event that the Client requests, Right Claims should give an electronic receipt by means of email for any services employed and expenses charged by Right Claims.
  14. Right Claims should not be subject for any inability to pay the concurred Flight Compensation because of conditions which are past its reasonable control, including, but not limited to, strike, lock-out, labour dispute, act of God, war, riot, compliance with a law or governmental order, rule, regulation, etc

3. Cooperation by the Client

  1. The Client warrants that information and data gave by the Client to Right Claims in connection to the Claim is true, complete, and not deceiving.
  2. Before entering the Agreement with Right Claims, the Client has not discarded the Claim in some other way, nor engaged with a third party to uphold the Claim.
  3. The Client should with or without a particular demand give Right Claims information and records that are required for preparing the Claim, e.g. boarding pass, delay notification, correspondence with the airline.
  4. In case the Client gets any immediate payment or some other kind of remuneration, e.g. flight voucher, from the carrier in the wake of Claim in Right Claims' services, the Client is committed to communicated about it Right Claims quickly. In such case, the Client should be obliged to pay Right Claims the commission.
  5. On the off chance that the Client gives inaccurate or deficient information or if the Client withheld from Right Claims that the Client has officially received payment by the carrier for the individual Claim and Right Claims cannot gather Flight Compensation or loses amid the Proceedings, Right Claims maintains whatever authority is needed to attest its claim against the Client for the resulting cost and damage incurred upon Right Claim.

4. TERMINATION AND WITHDRAWAL

  1. The Agreement is terminated instantly:
    • When Right Claims has accepted and gets the Flight Compensation in full from the carrier and part of the Flight Compensation has been received by the Client after cutting of all applicable fees by Right Claims
    • At the point when Right Claims considers that the Claim should not be effective subsequent to leading an in depth analysis of the Claim and the Client has been communicated with respect to such choice; or
    • If the Client decides to the end the agreement within 14 days, by presenting a withdrawal request for by email.
  2. At any point if the Agreement is terminated by the Client AFTER work has already been executed and underway for the Claim, Right Claims is entitled to charge the Client administration costs, as well as adverse costs incurred, court fees, costs of services, other bailiff's costs, extrajudicial collections cots, authorised representative's fees, additional fees and other costs incurred. The Client should pay the sum demonstrated in this Section above within 14 days after getting a receipt by Right Claims.

5. FINAL PROVISIONS

  1. Right Claims will utilise the Client's and, if appropriate, its representatives personal data solely to enforce the Claim. Any data with respect to the degree and type of information gathering and utilisation of individual information can be found in Right Claims' Data Protection Policy.
  2. On the off chance that any arrangement of T&C is held to be unlawful, invalid or unenforceable by a court or arbitral council, alternate arrangements of T&C will stay in full effect.
  3. Right Claims is within full authority to change T&C and put forward extra conditions whenever and without prior notice, Right Claims will put in all efforts for the Client to be updated with any such modifications. On the off chance that any such adjustments are negative from the Client's point of view, the Client might need to accept such modifications for altered T&C to be applicable to the Client
  4. Any arrangement of T&C held to be illicit, invalid or unenforceable just to some degree, or to a specific degree, will stay in full power and impact to the degree that it isn't held unlawful, invalid or unenforceable. Right Claims will correct T&C by amending such unlawful, invalid or unenforceable arrangements with lawful, legitimate and enforceable arrangements that would deliver the outcome as close as conceivable to the goals of Right Claims and the Client.
  5. Upon decision of the Client without stating reasons within 14 days since conclusion of the Agreement by submitting a withdrawal request by email.Right Claims will put all their earnest attempts into guaranteeing the execution of the considerable number of arrangements concerning this.
  6. In the event of any discrepancies of the English adaptation of T&C and some other dialect, the English content should be considered legitimate.

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