Please read these Terms and Conditions carefully before using the http://www.claimair.com website (hereinafter referred to as the “Website”).
The Website and the service ClaimAir is operated by the company ClaimAir s.r.o., with its registered place of business at Dlouhá 730/35, 110 00 Praha 1, Czech Republic, ID 04839692, a limited liability company incorporated in the Czech Republic.
These Terms and Conditions apply to all visitors, users and others who access or use the Website.
Should any clause of these Terms and Conditions become void, illegal or unenforceable, this shall not affect the validity of the remaining claims in any way whatsoever.
1 Definitions
“Airline”: The air carrier operating the air transportation of passengers.
“ClaimAir”: ClaimAir s.r.o., a limited liability company, with its registered place of business at Dlouhá 730/35, 110 00 Praha 1, Czech Republic, ID: 04839692, incorporated in the Commercial register maintained by the Municipal Court in Prague, Section C 254500.
“Contract”: A contract between ClaimAir and the Client based on Client’s consent to these Terms and Conditions, which are integral part hereof.
“Appropriate Legislation”: A law, regulation, convention, directive or similar, or any other regulation, that establishes a legal framework ruling rights of air passengers.
“Claim(s)”: Any claim, either financial or non-financial, arising from the Appropriate Legislation.
“Compensation(s)”: A financial amount paid by an airline to cover the Claim.
“Commission”: A remuneration of ClaimAir for successful collection of the Compensation for the Client (as specified in Part 9 – Commission and Fees).
“Client(s)”: A person who is entitled to the Compensation in accordance with the Appropriate Legislation, or another person or a company representing such person (pursuant to relevant power of attorney), and who requests ClaimAir to pursue the Claim. If the person is a minor, the Client becomes his or her parents, or other legal representative (custody etc.).
“Case”: A collection of information and documents provided by the Client(s) to ClaimAir establishing the Claim(s) and entitlement to the Compensation(s).
“Payment”: A financial sum paid by ClaimAir to the Client. The sum equals to the Compensation deducted by the commission and all applicable fees.
“Power of Attorney”: An authorization of the Client allowing ClaimAir to act on his or her behalf when pursuing the Claim from the Airline (as specified by the Section 6 - Power of Attorney).
“Assignment of Rights”: A formal act, whereby the Client assigns ownership of the Claim to ClaimAir to perform Legal Activities (as specified by the Section 7 - Assignment of Rights).
“Electronic Signature”: An electronic marker that indicates that the Client is agreeing or approving a contract or the contents of a document.
“National Enforcement Bodies”: Appropriate (state) authorities responsible for the enforcement and supervision of air passenger rights.
“Legal Activities”: An activity of enforcing rights of air passengers through the National Enforcement Bodies or court proceedings.
“Legal Partner(s)”: A legal partner(s) of ClaimAir, represented by a lawyer or a law firm, authorized to perform Legal Activities in a particular country.
2 Services
ClaimAir pursues Compensations of the Clients airlines lawfully owe them pursuant to the Appropriate Legislation.
ClaimAir runs the Website for a purpose of informing its visitors about rights of air passengers and respective Claims.
The Website is also being used for collecting necessary information and documents of the Clients for the evaluation of Claims and processing of the Contract, as well as for a purpose of informing the Clients about the status of the Case.
Additional details and necessary documents can be also submitted to ClaimAir by email, fax, or, if possible, by phone.
After receipt of all details and documents, ClaimAir evaluates the validity of relevant data and enforceability of the Claim. The Clients are informed about the result of the investigation, about the acceptance of the Claim and about a reference code of the Case.
When the Claim is accepted, ClaimAir submits the letter of complaint to the relevant Airline without any delay and handles all further communication with the airline. By granting the Power of Attorney and/or Assignment of Rights the Client explicitly requests to start with services before expiration of the 14-day limit for withdrawal.
If necessary, ClaimAir may pursue the Claim by initiating Legal Activities. Prior to execution of Legal Activities, the Client is informed by email about Legal Activities together with the fact that the Client is charged a fee for legal services in accordance with the Section 9 - Commission and Fees.Clients are also informed if it is a case in which ClaimAir does not have a local legal partner if judicial local action is necessary, and that ClaimAir will make all the efforts but cannot offer 100% certainty that a partner will be partnered up for the specific case
If the Client refuses ClaimAir to undertake Legal Activities, the Contract is terminated with immediate effect in accordance with the Section 4 - Termination of the Contract and the Section 9 - Commission and Fees.
Legal Activities may be outsourced to Legal Partners. In such cases, the Client allows ClaimAir to forward all data relating to the Case to Legal Partners.
If a court proceeding is carried out either by ClaimAir or Legal Partners, ClaimAir will cover all costs and fees that may incur. In a case the court proceeding is won, ClaimAir will keep all recovery payments (proceeding costs) paid by the airline covering such costs.
ClaimAir reserves a right to accept or refuse any settlement offer made by the airline without a prior consent of the Client, in case it doesn’t differ from the enforced Claim for more than 15%, or in case it is in the interest of the Client to do so, otherwise ClaimAir shall ask the Client for consent.
3 Establishing the Contract
The Client is enabled to control and change the data before submitting the Case, in order to find out and repair the mistakes made when entering the data. The Case is submitted by click to the button “Complete authorization”. The data entered in the Case are deemed correct.
Submitting the Case by the Client establishes the offer for the Contract. An e-mail confirmation of delivery is sent immediately after delivering the Case to ClaimAir. The Contract will be concluded once ClaimAir evaluates the Claim(s) as enforceable and inform the Client(s) about its acceptance via email.
ClaimAir reserves a right to refuse any Case request without needing to state any reasons. In every case, ClaimAir will inform the Client(s) about the refusal via email.
By entering into the Contract, the Client warrants that he or she has a legal capacity and is authorized to do so, and that the Client(s) fully comply with these Terms and Conditions.
The Contract with ClaimAir may be concluded in Czech or English, unless the parties agree otherwise explicitly. These Terms and Conditions are available in Czech and English as well.
The Contracts and submitted documents are stored in electronic form by ClaimAir from the moment of accepting the Claim. Only ClaimAir has an access to the documents, unless set in these Terms and Conditions otherwise. ClaimAir access the Contract and submitted documents in electronic form to the Client on request. No third party has a right to access the documents, except the legally imposed duty.
4 Termination of the Contract
The Contract is terminated when the Compensation deducted of the Commission and relevant Fees, i.e. the Payment is successfully credited to the Client’s bank account.
ClaimAir reserves the full right to terminate the Contract at any time if ClaimAir evaluates that the Claim(s) is not further enforceable or when pursuing the Claim(s) is not economically feasible.
The Contract can be terminated at any time by ClaimAir when the Client breaches any clause in these Terms and Conditions. ClaimAir is not obligated to explain any reasons.
ClaimAir informs the Client by notice in writing via email, effective by delivery.
ClaimAir reserves the right to unilaterally terminate the agreement when the client makes public comments about the company or a specific case, whether ongoing or closed one, which may seriously harm the reputation of the company, or harm or by anyway be seen as creating and generating reputational damages to ClaimAir, its practices, its actuation, employees, licensees, partners,whether those comments are direct or indirect. Public comments is hereby understood as comments which are not privately directed to claimair, or in a private context, not being included in the definition of private comments made on social networks, sites of reviews, or any other information source accessible by a member of the public, irrespective of technical restriction based on geolocation, or limited number of public members who can access, or the necessity of obtaining a password or other access requirements to such tool / site / app / other where the comment is made.
ClaimAir reserves the right to unilaterally terminate the agreement when the client threatens, menaces or harms (publicly or privately) any of the company employees, licensees, or the Company itself through written, verbal, aural or physical means, or by any known and existing way or mean, refuses to cooperate with the company in the concerning case regarding information which is considered vital and mandatory by the Company to fulfill the agreement in relation with such case.
The Client is entitled to terminate the Contract at any time without stating a reason, upon the notice in writing via email, effective by delivery.
Even if the Contract is terminated, in case the Compensation is paid out as a result of ClaimAir activities (after sending the letter of complaint to the Airline), ClaimAir is entitled to the Commission (according to the Section 9 - Commission and Fees) and is obliged to settle it in the same way as during the Contract (Section 10 - Payment Processing).
In case the Client terminates the Contract after the submission of the official complaint or demand letter to the Airline, the Client is obligated to pay ClaimAir a fee which is deductible from possible Commission (according to the Section 9 - Commission and Fees).
In case the Client terminates the Contract after Legal Activities are initiated, the Client is obliged to reimburse ClaimAir all fees already paid (e.g. attorney fees, court fees, etc.).
5 Electronic Signature
According to the Regulation (EU) No. 910/2014 of the European Parliament and of the Council as of 23 July 2014 (Regulation eIDAS), and the Czech law No. 227/2000 Coll., on electronic signatures, as amended, electronic signatures have the same legal standing as handwritten signatures using pen and paper.
The Client is aware and ensures that the documents signed by his electronic signature are deemed to be signed by him personally.
6 Power of Attorney
Services are carried out based on the Power of Attorney and/or Assignment of Rights granted by the Client.
The Client automatically agrees with the Power of Attorney and/or Assignment of Rights once he or she accepts these Terms and Conditions and provides ClaimAir with the Electronic Signature.
The Power of Attorney and/or Assignment of Rights becomes effective on the day of conclusion of the Contract and shall expire if revoked by the Client in writing via email, or if the Contract is terminated.
If Legal Partner(s) require an original hand-signed version of the Power of Attorney and/or Assignment of Rights and/or notarized/apostilled versions thereof, ClaimAir will inform the client accordingly and, in order to allow ClaimAir to pursue the claim, the client must comply with this requirement and send the requested documents to ClaimAir.
The Client specifically authorizes ClaimAir to perform the following acts relating to the Services on the Client’s behalf:
- ClaimAir is entitled to represent the Client legally in the case of his Claims against the Airline before all third parties.
- ClaimAir is entitled to obtain every type of information required, as well as to initiate information requests with respect to any civil or administrative law proceeding.
- ClaimAir is entitled to initiate complaints with bodies responsible for the enforcement of rights of air passengers, including those designated in accordance with the Article 16 of the Regulation (EC) No. 261/2004.
- ClaimAir is entitled to demand Compensation from the airline while ClaimAir is entitled to arbitrarily determine the due date of the Claim;
- ClaimAir is entitled to initiate, conduct and undertake every type of negotiations as well as legal - judicial and extrajudicial - measures appropriate to collect the Compensation from the airline;
- ClaimAir is entitled to collect and receive payments in relation to the Compensation on its own bank account, including legal fees.
- ClaimAir is entitled to adjust its fees from the settlement collected with the airline.
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ClaimAir is authorized to mandate a lawyer to act on Client’s behalf when claiming Compensation, both judicially and extrajudicially. The lawyer is entitled to perform any and all related legal services also in the case when a special power of attorney is required by law, including, but not limited to submitting, receiving, and signing documents and settlement requests, accepting settlement proposals, lodging and waiving appeals, collecting and receiving payments in relation to compensation, and enforcing claims in enforcement proceedings.
The Client shall receive an electronic copy of the Power of Attorney from ClaimAir via email immediately after the conclusion of the Contract.
7 Assignment of Rights
If necessary for performing Legal Activities, the Client might be requested to sign the Assignment of Rights form. Either the Electronic Signature or handwritten signature by using pen and paper shall be used and deemed valid, except for the cases hereinabove above mentioned in Article 6 when those requirements are deemed mandatory.
The Assignment of Rights becomes effective on the day of signature made by the Client.
The Client has a right to withdraw the Assignment of Rights without stating any reason. In case the withdrawal prevents ClaimAir from pursuing the Case, the Client is obliged to pay all fees in accordance with the Section 4 - Termination of the Contract and the Section 9 - Commission and Fees.
ClaimAir reserves the full right to terminate the Contract at any time if ClaimAir evaluates that the Claim(s) is not further enforceable or when pursuing the Claim(s) is not economically feasible. In such case, the Assignment of Rights shall cease to exist with immediate effect, assigning the ownership of the Claim from ClaimAir back to the Client.
In case the Compensation is paid out after the Assignment of Rights becomes effective, ClaimAir is only entitled to the Commission and other applicable fees in accordance with the Section 9 - Commission and Fees. Both ClaimAir and the Client are obliged to settle the matter in the same way as before the Assignment of Rights became effective.
8 Liability
ClaimAir does not guarantee success when pursuing the Claim, neither that the amount given to the client as pursuable after the first assessment by ClaimAir is the final amount that ClaimAir will obtain from the airline if the case is won.
ClaimAir warrants that the Claim shall be pursued with the best effort.
ClaimAir shall not be liable for any damages for loss of opportunity or similar that may arise to the Client as a result of any activity carried out by ClaimAir relating to the pursuance of the Claim.
ClaimAir shall not be liable for any damages for loss of opportunity or similar that may arise to the Client as a result of an inability of ClaimAir to transfer the Payment by an event beyond its reasonable control or if the Client provides with incorrect payment details.
ClaimAir is not responsible and does not guarantee the existence of a local legal partner for all the countries in the world, hence it is not responsible for cases in which local legal partners were not available for receiving and conducting the case, nevertheless ClaimAir will inform the clients in due time of this fact and present them the available options.
9 Commission and Fees
ClaimAir keeps a commission at the amount of 25% of the Compensation. If ClaimAir doesn’t succeed with pursuing of the Claim, the commission is not charged.
The Commission is due upon successful receipt of the Compensation, either by ClaimAir or by the Client, in a case when the Airline pays the Compensation directly to the Client.
If the Compensation is paid by the Airline directly to the Client, the Client is obliged to pay the Commission to ClaimAir no later than within five working days after the receipt of the Compensation.
If Legal Activities are carried out on behalf of the Client, a fee for legal service of 25% will be deducted from received compensation in addition to the Commission.
If the official complaint or demand letter is submitted to the Airline, the Client is charged a fee amounting to EUR 50,-. This fee becomes due and the Client is obligated to pay it to ClaimAir only when the Client terminates the Contract before the Compensation is received. In case that the Compensation is received, this fee is included in the Commission and ClaimAir has a right to the Commission reduced by this fee that was already paid.
If any other form of settlement is accepted (e.g. travel voucher, frequent flyer bonus points or similar), the Client is charged a service fee amounting to 25% of value of received compensation converted to a financial sum in EUR. If the service fee cannot be determined, it shall be agreed between ClaimAir and the Client in writing via email before accepting the compensation.
If the Client provides incorrect payment details for a transfer of the Payment, ClaimAir is entitled to charge to the Client a fee amounting to EUR 30,- to cover internal processing costs.
The Client is liable for all costs related to the transfer of the Payment in accordance with the Section 10 - Payment Processing.
If the Client is charged any fee that cannot be deducted from the Compensation paid by the Airline to ClaimAir, the Client is obliged to pay the fee to ClaimAir no later than within five working days after a request for the payment is sent by ClaimAir to the Client.
The Commission and all fees stated above exclude applicable VAT. If the Client is domiciled outside the European Union, the VAT doesn't apply. If the Client is domiciled in the European Union, the 21% VAT applies. For the sake of clarity and as an example of VAT calculation, in case of the Commission the Client is charged additional 5,25% of the Compensation as VAT.
Invoices related to the Services will not be provided as default. If prescribed by law the tax receipt about provided services is issued on request.
10 Payment Processing
Airlines are requested to transfer the Compensation to a bank account of ClaimAir.
The Payment is transferred by ClaimAir directly to the Client no later than within five working days after the receipt of the Compensation, if not agreed otherwise.
The Payment can only be sent to the Client in EUR. Any lost on currency conversion, currency exchange fees and interests may not be claimed from ClaimAir.
If the Client provides incorrect payment details for a transfer of the Payment and money returns back to the bank account of ClaimAir, the Client will be informed via email.
Following payment methods are available for the Client:
- TransferWise (http://www.transferwise.com) - The Payment shall be transferred via TransferWise by using an email address of the Client specified within the Contract, if not agreed otherwise. The Client will be charged any and all transactional fees that may incur.
- Bank Transfer - The Payment shall be transferred to a bank account of the Client. The Client will be charged any and all transactional fees that may incur.
If there is an obligation of the Client to pay any fee to ClaimAir, following payment methods can be used:
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Bank Transfer - The payment shall be transferred to the following bank account of ClaimAir, while the Client shall cover any and all transactional fees that may incur:
- Bank Account Owner: TW ClaimAir s.r.o., Dlouha 730/35, 110 00 Prague, Czech Republic
- Bank name: Deutsche Handelsbank
- Bank Country: Germany
- IBAN: DE31 7001 1110 6050 0108 54
- BIC: DEKTDE7GXXX
If the Client is informed about the Compensation via email and is required to select a preferred payment method, he shall reply to this request within five working days from the receipt of this notice. If the Client doesn’t reply and ignores the request for at least thirty days, ClaimAir is entitled to the Commission amounting to 100% of the Compensation and is entitled to retain the Payment that otherwise should have been transferred to the Client. In such case, the Client is not further entitled to receive the Payment.
We undertake to pay a financial reward following receiving a positive review on our social media sites. The review will be checked and evaluated internally by ClaimAir.
11 Client’s Obligations
The Client warrants that information and documents provided for processing the Case are correct.
The Client warrants that the Claim has not been assigned to or collected by other third parties and that no legal dispute is pending or expected between the Client and the Airline in the same matter.
The Client warrants that he or she will cooperate with ClaimAir throughout the process and will provide additional documents and information that may be required.
When the Contract is concluded in accordance with the Section 3 - Establishing the Contract, it is prohibited for the Client to assign the Claim to other third parties, to collect the Claim by third parties, to carry out any legal action relating to the Claim, or communicate with the airline directly about the Claim without written consent of ClaimAir.
When the Contract is established in accordance with the Section 3 - Establishing the Contract, and when the Airline pays the Compensation directly to the Client, the Client shall immediately inform ClaimAir via email and to pay ClaimAir the Commission and applicable fees in accordance with the Section 9 - Commission and Fees.
The Client warrants that he or she will indemnify ClaimAir in a case of breach of any of his or her obligations.
12 Withdrawal Policy
The Client is entitled to withdraw the Contract within 14 days without giving any reason. The Contract is concluded in accordance with the Section 3 - Establishing the Contract.
The Client must inform ClaimAir about the withdrawal in writing (see the Section 16 - Contact), e.g. by using the following template:
I hereby withdraw the Contract with ClaimAir concluded on DATE OF CONCLUSION and registered under reference code REFERENCE CODE.
Name of the Client
Address of the Client
Signature of the Client
Date of withdrawal
By granting the Power of Attorney and/or Assignment of Rights the Client explicitly requests to start with providing services before expiration of the 14-day limit for withdrawal. The already paid fees for provided services are not returned.
13 Data Protection
ClaimAir will only use the personal data provided by the Client for the purpose of performing the Services and with respect to all applicable privacy and data protection laws.
ClaimAir will only transfer the personal data of the Client to third parties for the purpose of performing the Services and if the Client has given a consent, or if it is required due to a legal obligation, administrative or court order.
Our collection and use of the personal data are governed by our Privacy Policy.
14 Intellectual Property
The Website and its original content, features and functionality are owned by ClaimAir and are protected by international copyright, trademark, patent, trade secret and other intellectual and industry property or proprietary rights laws.
15 Governing Law
The laws of the Czech Republic apply to these Terms and Conditions and the Contract between Client and ClaimAir as well, especially the law No. 89/2012 Coll, Civil Code, as amended, and other relevant legal regulation.
ClaimAir is not bounded by any codes of conduct, branch rules or similar.
16 Contact
All the communication between Clients and ClaimAir runs in Czech or English, unless it is agreed in particular cases otherwise.
All the costs incurred to the Client by using the means of distance communication (costs of internet connection or costs of phone calls) are borne by the Client himself, whereas the rates do not differ from the basic rates.
The Clients may contact ClaimAir via email: info@claimair.com, or via post at the mailing address: ClaimAir s.r.o., Dlouhá 730/35, 110 00 Prague, Czech Republic.
The complaints of customers may be sent to ClaimAir s.r.o., Dlouhá 730/35, 110 00 Prague, Czech Republic, or approach directly to the authority executing the state supervision in the Czech Republic, which is Česká obchodní inspekce (Czech Trade Inspection Authority), with its registered office at Štěpánská 567/15, 120 00 Praha 2, Czech Republic, which is the centre for out-of-court settlement as well.
