Our website incorporates privacy controls which provide you with controls on deciding how we will process your personal data. By using privacy controls, you can specify whether you would like to receive direct marketing communications as well as limit the amount of information that we receive through cookies.
In this notice you will find the answers to the following questions:
- how we use your data;
- when we provide your data to others;
- how long we store your data;
- what is our marketing policy;
- what rights related to personal data you possess;
- other issues that you should consider.
In case of any inquiries or if you would like to exercise any of your rights provided in this notice, you may submit such inquiries and requests by means provided in Contacts section.
You may contact our data protection officer by email: contact@technoconsultltdcom.
- HOW WE USE YOUR PERSONAL DATA?
1.1. This Section provides the following information:
- categories of personal data, that we process;
- in case the personal data that we did not obtain directly from you, the source and specific categories of that data;
- the purposes for which we may process your personal data;
- the legal bases of the processing.
1.3. We process your account data (“account data”). The account data may include your name and email address, phone number, date of birth and other data that you provide while registering. We obtain such data directly from you. We process account data for the purposes of operating our website, providing our services, ensuring the security of our website and services and communicating with you. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract as well as our legitimate interest, namely monitoring and improving our website and services.
1.4. We process information relating to provision of services by us to you in our website (“service provision data”). The service provision data may include your contact details, bank account details and information, related to services (information on the relevant flight, documents necessary for claim, communication for the purpose of service provision and similar). The service provision data is processed to provide services and keep proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.
1.5. We may process information that you provide to us for the purpose of subscribing to our email messages and newsletters (“messaging data”). The messaging data is processed to send you the relevant messages and newsletters. The legal basis for this processing is your consent. Also, if we have already provided services for you in our website and you do not object, we may also process messaging data on the basis of our legitimate interest, namely seeking maintain and improve customer relations.
1.6. We may process information relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. In case of communication through our website, the website will generate the metadata associated with communications made using the website contact forms. The correspondence data is processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business, ensuring uniform and high-quality consultation practice and for investigating disputes between you and our employees.
1.7. We may process any of your personal data identified in this notice where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
1.8. We may process any of your personal data identified in this notice where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
1.9. In addition to the specific purposes for which we may process your personal data set out in this Section, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
- WHEN WE PROVIDE YOUR DATA TO OTHERS?
2.1. We may disclose your personal data to any member of our group of companies (including our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this notice.
2.2. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
2.3. We may disclose your personal data to our payment service providers. We will share service provision data with our payment services providers only to the extent necessary for the purposes of processing your payments, transferring funds and dealing with complaints and queries relating to such payments and transfers].
2.4. We may disclose your personal data to other service providers insofar as it is reasonably necessary to provide specific services (including, website hosting service providers, courier service providers, providers of servers and maintenance thereof, email service providers). We take all the necessary measures to ensure that such subcontractors would implement proper organizational and technical measures to ensure security and privacy of your personal data.
2.5. In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2.6. Persons, indicated in this Section may be established outside Lithuania, European Union and European Economic Area. In case we will transfer your personal data to such persons, we will take all the necessary and in the legal acts indicated measures to ensure that your privacy will remain properly secured.
- HOW LONG WE STORE YOUR DATA?
3.1. Your personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. In any case it shall be kept for no longer than:
- access datawill be retained for no longer than 3 (three) years following your last update on the account or 10 (ten) years following the end of provision of services (whichever is the later);
- service provision datawill be retained for no longer than 10 (ten) years following the end of provision of services;
- messaging datawill be retained for no longer than 2 (two) years following the provision of consent or, in case, the messaging data is being sent to the present clients in order to maintain and improve customer relations, for no longer than 2 (two) years following the end of provision of the respective services;
- communication datawill be retained for no longer than 2 (two) months following the end of such communication.
3.2. In some case it is not possible for us to specify in advance the periods for which your personal data will be retained. I. e. usage data will be retained for as much as will be necessary for the relevant processing purposes.
3.3. Notwithstanding the other provisions of this Section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
- MARKETING MESSAGES
4.1. In case you consent, we will send you marketing messages via email and/or SMS to inform you on what we are up to.
4.2. Also, if we already have provided services to you and you do not object we will inform you about our other products that might interest you including other information related to such.
4.3. You may opt-out of receiving marketing messages at any time.
4.4. You may do so by:
- choosing the relevant link in any of our marketing messages;
- contacting us via means provided in Contacts
4.5. Upon you having fulfilled any of the provided actions we will update your profile to ensure that you will not receive our marketing messages in the future.
4.6. Please be informed that as our business activities consists of a network of closely related services, it may take a few days until all the systems are updated, thus you may continue to receive marketing messages while we are still processing your request.
4.7. The opt-out of the marketing messages will not stop you from receiving messages directly related to the provision of services.
- YOUR RIGHTS
5.1. In this Section, we have summarized the rights that you have under data protection laws. Some of the rights are complex thus we only provide the main aspects of such rights. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
5.2. Your principal rights under data protection law are the following:
- the right to access data;
- the right to rectification
- the right to erasure of your personal data;
- the right to restrict processing of your personal data;
- the right to object to processing of your personal data;
- the right to data portability;
- the right to complain to a supervisory authority; and
- the right to withdraw consent.
5.3. The right to access data. You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
5.4. The right to rectification. You have the right to have any inaccurate personal data about you rectified and, considering the purposes of the processing, to have any incomplete personal data about you completed.
5.5. In some circumstances you have the right to the erasure of your personal data. Those circumstances include when: (i) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (ii) you withdraw consent to consent-based processing and there are no other legal basis to process data; (iii) you object to the processing under certain rules of applicable data protection laws; (iv) the processing is for direct marketing purposes; or (v) the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. Such exclusions include when processing is necessary: (i) for exercising the right of freedom of expression and information; (ii) for compliance with our legal obligation; or (iii) for the establishment, exercise or defense of legal claims.
5.6. In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are when: (i) you contest the accuracy of the personal data; (ii) processing is unlawful but you oppose erasure; (iii) we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and (iv) you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data, however we will only further process such data in any other way: (i) with your consent; (ii) for the establishment, exercise or defense of legal claims; (iii) for the protection of the rights of another person; or (iv) for reasons of important public interest.
5.7. You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
5.8. You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
5.9. You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
5.10. The right to data portability. To the extent that the legal basis for our processing of your personal data is:
- consent; or
- performance of a contract or steps to be taken at your request prior to entering into a contract, necessary to enter into such,
you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
5.11. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. Our data processing is supervised by State Data Protection Inspectorate of the Lithuania, registered office at A. Juozapavičiaus St. 6, LT-09310, www.ada.lt.
5.12. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
5.13. In addition to specific measure provided in this Section or the website you may also exercise any of the rights indicated herein by contacting us via Contacts.
- ABOUT COOKIES
6.1. Cookies are small textual files containing identifier that is sent by a web server to your web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
6.2. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
- COOKIES THAT WE USE
- Required cookies – used to ensure proper performance of the website, security of customers and their data, provision of high-quality services and effortless set-up of an account;
- Functional cookies – used to enhance the website user experience, analyze the use of the system and in accordance to such improve the provision of services;
- Advertising cookies – used to observer user online behavior and optimize marketing campaigns according to such information.
- COOKIES USED BY OUR SERVICE PROVIDERS
8.2. We use:
- HOW CAN YOU MANAGE COOKIES?
9.1. Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via information provided in the relevant browser website, for example Chrome; Firefox; Internet Explorer; Safari.
9.2. Blocking all cookies will have a negative impact upon the usability of many websites.
9.3. If you block cookies, you will not be able to use all the features on our website.
- COOKIE PREFERENCES
- THIRD PARTY WEBSITES
In the website you may find links to and from partner sites, information sources and related party websites. Please take note that such third-party website that you will visit by clicking on links have their own privacy policies and we take no responsibility regarding such privacy policies. We recommend familiarizing with privacy policies of such websites before providing any personal data to such.
- CHILDREN PERSONAL DATA
12.1. Our website and services are targeted at persons over the age of 18.
12.2. We process personal data of younger persons than provided above only upon the parent rights holder providing consent to do so.
12.3. If we have reason to believe that we hold personal data of a person under that age in our databases without having consent from the parent rights holder, we will delete that personal data.
- UPDATING YOUR DATA
Please let us know if the personal information that we hold about you needs to be corrected or updated.
- CHANGES TO THE NOTICE
Any changes to this notice will be published in the website and, in case of material changes, we may inform you about such via email.
TERMS & CONDITIONS
1. Use of website
1.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
1.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
1.3 Subject to paragraph 1.1, no part of this Website may be reproduced without our prior written permission.
2. Site uptime
2.1 We take all reasonable steps to ensure that this Website is available 24 hours per day, 365 days per year. However, we inform the User that temporary service interruptions may occur due to necessary maintenance works, force majeure or third parties disturbances which cannot be controlled by us. Therefore we will not be liable if this website is unavailable at any time.
2.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
3. Users obligations
3.1 The User is forbidden to carry out activities which have the purpose of rendering the Website defective, useless, overloading the Website, complicate or delay its use or operation. The User is also forbidden to use the Website for fraudulent purposes, or to engage in any conduct which may damage or negatively affect the image, interests or rights of CFR or any third parties.
3.2 The User shall be liable for damages caused to CFR or third parties as a consequence of the breach of the obligation set forth in this paragraph. CFR expressly reserves the right to exercise all actions to which it may be entitled by Law.
3.4 When using this website you shall not post or send to or from this Website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the Hellenic Republic;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
3.5 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 3.4.
websites must be legal and appropriate in respect of the services provided by CFR, and could not lead the User to think that CFR agrees with such content. If you choose to link to our website in breach of the above you shall fully indemnify us for any loss or damage suffered as a result of your actions.
5.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the veracity, accuracy or legality of the content of the Website. We may modify or to shut down the Website at any time, to delete contents of the Website or to modify them in any other way, and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
5.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
6. Exclusion of liability
6.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
7. Governing jurisdiction
This Legal Notice shall be governed by and construed in accordance with the English law and therefore, no representations or warranties are granted as to the compliance of the content of the Website or the services offered through it with the laws of any other country or jurisdiction. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive to the jurisdiction of the England and Wales.
8. Identification of the entity which owns the Website
The website is owned by Techno Consult Ltd, Keizersgracht 482, 1017EG Amsterdam, Netherlands, company number 144142 registered in Seychelles island.
GENERAL TERMS & CONDITION
Unless the context requires otherwise, the capitalised terms used in these terms and conditions (“T&C”), shall have the meanings indicated below:
“Agreement” shall mean the mandate agreement between the Client and Claimflightrefund.com that is concluded after acceptance of T&C by the Client, which is signed by electronic means provided in Claimflightrefund.com website and/or app. Under the Agreement the Client will issue the power of attorney to Claimflightrefund.com and/or Claimflightrefund.com’s authorised person to execute legal actions and act on the Client’s behalf, for all purposes related to the Claim including court litigation and reception of payments. The T&C shall also mean the Agreement.
“Claim” means any claim against an airline for monetary compensation pursuant to Flight Compensation Regulation.
“Client” shall mean a person that has accepted T&C and is seeking for Flight Compensation with the help of Claimflightrefund.com.
“Electronic Identification Regulation” means Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.
“Flight Compensation Regulation” means 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, and repealing Regulation (EEC) No 295/91.
“Flight Compensation” means 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 Claimflightrefund.com after the Client has accepted T&C. For avoidance of doubt, Flight Compensation do not include any payments of attorney’s, court fess, collection cost, interest or similar, which payments shall belong solely to Claimflightrefund.com.
“Privacy and Data Protection Requirements” shall mean all applicable laws and regulations relating to the processing of personal data and privacy, including 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 mandatory or not).
“Proceedings” shall mean a process when Claimflightrefund.com fills the Claim with a court, ADR, aviation regulatory agencies, consumer protection agencies and/or governmental body or handling over the Claim to contracted legal representative, such as an attorney or law firm.
“Claimflightrefund.com” means a platform designated for securing compensation of air passengers for delayed, cancelled and/or overbooked flights.
The aforementioned definitions shall be used upon concluding and performing any document or transaction connected with T&C.
1 – AGREEMENT
- The Client automatically and simultaneously accepts T&C (the Agreement) which is considered as the basis of any other documents to be concluded between the Client and Claimflightrefund.com, including the power of attorney on the basis of which Claimflightrefund.com shall pursue the Claim against an airline.
- Claimflightrefund.com 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.
- By entering into an Agreement and issuing the power of attorney, the Client warrants that he (she) is authorized and has legal capacity to execute these actions.
- 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. For the term of the Agreement, the Client undertakes not to conclude any similar agreement with companies competing with Claimflightrefund.com to act in the interest of the Client, take legal action or dispose of the Claim, however this does not prevent the Client to directly refer to the airlines to defend his/her rights.
- The Client undertakes to provide Claimflightrefund.com with all data and/or information that is required for the execution of the Agreement.
- Claimflightrefund.com shall be entitled to accept only Flight Compensation and no travel vouchers and/or other services that may be offered by airlines shall be accepted, except if otherwise suggested by Claimflightrefund.com if it believes airline proposes sufficient compensation for the Client.
2 – PURSUING OF THE CLAIM
- Flight data in relation to the Claim may be submitted to Claimflightrefund.com preferably via Claimflightrefund.com’s website, mobile app, email and/or any other electronic or software solutions supported by Claimflightrefund.com. After such data is received, Claimflightrefund.com shall assess the merits of the flight and whether a Claim on the grounds of such flight data could be successful. If Claimflightrefund.com estimates that the flight data provided by the Client is sufficient and Claim could be successful, the Client will issue a power of attorney to Claimflightrefund.com and/or Claimflightrefund.com authorised person for further legal actions.
- Please note that the result of the assessment as provided in Section 2.1 above does not include any binding statement and does not guarantee successful enforcement of the Claim.
- When the Agreement is concluded, Claimflightrefund.com immediately refers to the airline with a request for payment. Initially, Claimflightrefund.com shall start the Claim in a friendly manner in order to avoid litigation.
- Provided the airline refuses to satisfy the Claim after Claimflightrefund.com has reached the respective airline, Claimflightrefund.com is entitled to initiate Proceedings to pursue the Claim.
- During Proceedings, the legal representative of Claimflightrefund.com shall be granted access to all data provided by the Client to Claimflightrefund.com in order to successfully pursue the Claim. If third parties require any additional documents proving the representation by the legal representative the Client, with the guidance of Claimflightrefund.com, shall immediately provide to the legal representative any such documents.
- If, after assessing the merits of the Claim, the legal representative considers that pursuit of the Claim during Proceedings is unlikely to succeed, the Client will be informed and Claimflightrefund.com will pursue the Claim no further. Such notification of the Client shall mean that the collection assignment has ended.
- If Proceedings are initiated to pursue the Claim, the Client shall be exempt from any costs incurred in the event the Claim is lost. In case of success or settlement in Proceedings, Claimflightrefund.com shall cover any costs incurred that are not covered by the respective airline. Provided that the Claim is successful and the Client receives compensation, the Client agrees that all costs incurred by Claimflightrefund.com and claimed from the airline goes to Claimflightrefund.com.
- The Client and Claimflightrefund.com confirm their acknowledgment that Claimflightrefund.com has sole discretion to accept and/or reject any settlement offer in accordance with experience with respective airline. The Agreement is considered as sufficient legal grounds for such discretion to be effective. The Client is entitled to revoke this acknowledgment at any time.
- The Client acknowledges that the Claim handling by the court may take considerable time and that Claimflightrefund.com cannot influence how quickly the Claim can be asserted.
3 – FEES AND PAYMENT
- Claimflightrefund.com pursues the Claim free of charge. Provided the Claim is successful and the Flight Compensation is received by Claimflightrefund.com, Claimflightrefund.com is entitled to remuneration for the services provided under the Agreement equal to 25 % of Compensation sum (plus VAT, if applicable).
- If friendly arrangement with airline is not reached regarding the Claim, Claimflightrefund.com is entitled to commence Proceedings which shall result in the performance fee which is paid to Claimflightrefund.com indicated in Section 3.1 to be increased but not more than 50 % of the Claim amount. Prior to initiating the Proceedings, Claimflightrefund.com will refer to the Client in writing and explain consequences of the Proceeding. The initiation of the Proceedings is subject to the consent of the Client.
- The Client pays for the services provided by Claimflightrefund.com under this Agreement within 10 (ten) days from a day the Claim is satisfied. The Client confirms his/her acknowledgement that parties to the Agreement may set-off their counter-claims.
- If the Client fraudulently provides incorrect or incomplete data and Claimflightrefund.com incurs additional costs due to such misinformation, the Client reimburse Claimflightrefund.com such costs.
- The registered office of Claimflightrefund.com is located in Netherlands.
- If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to Claimflightrefund.com, Claimflightrefund.com is entitled to deduct all external cost imposed upon Claimflightrefund.com.
- For the accounts in the Single Euro Payments Area (SEPA), all payments will be sent to the account via bank transfer.
- To save bank costs, in case of shared booking, Claimflightrefund.com shall transfer all payments to a single account if the Clients give Claimflightrefund.com clearance to do so.
- Claimflightrefund.com shall not be liable for any checks, prepaid debit cards, credit cards and similar lost in transit to the Client, as well as for any effect of the Client giving wrong bank account information.
- If the Client requests so, Claimflightrefund.com shall provide an electronic invoice via email for any services delivered and fees charged by Claimflightrefund.com.
- Claimflightrefund.com shall not be liable for any failure to pay the agreed Flight Compensation due to circumstances which are beyond its reasonable control, including, but not limited to, strike, lock-out, labor dispute, act of God, war, riot, compliance with a law or governmental order, rule, regulation, etc.
4 – COOPERATION BY THE CLIENT
- The Client warrants that data and information provided by the Client to Claimflightrefund.com in relation to the Claim is correct, complete, true and not misleading. The Client shall keep Claimflightrefund.com indemnified for any claims which arose due to incorrect information provided by the Client and/or lack of cooperation or improper cooperation by the Client.
- Before engaging in the services of Claimflightrefund.com, the Client has not disposed of the Claim in any other manner, nor has engaged a third party to enforce the Claim.
- The Client shall with or without a specific request provide Claimflightrefund.com with all the data and documents that are required for processing the Claim, e.g. boarding pass, delay notification, correspondence with the airline or order on secondment.
- If the Client receives any direct payment or any other type of compensation, e.g. flight voucher, from the airline after engaging Claimflightrefund.com’s services, the Client is obligated to inform Claimflightrefund.com immediately. In such case, the Client shall be obliged to pay Claimflightrefund.com the commission indicated in Section 3.1 in the bank account provided in the contact column of Claimflightrefund.com’s website or any other bank account provided by Claimflightrefund.com in a written form.
- If the Client provides incorrect or incomplete data or if the Client withheld from Claimflightrefund.com that the Client has already received compensation from the airline for the respective Claim and Claimflightrefund.com is not able to collect Flight Compensation or loses during the Proceedings, Claimflightrefund.com reserves the right to assert its claim against the Client for the resulting damage.
5 – TERMINATION AND WITHDRAWAL
- The Agreement is terminated immediately:
- when Claimflightrefund.com considers that the Claim shall not be successful after conducting an in-depth review of the Claim and the Client is informed regarding such decision; or
- in case of incorrect data/information and fraudulent conduct by the Client upon decision by Claimflightrefund.com; or
- upon decision of the Client without stating reasons within 14 days since conclusion of the Agreement by submitting a withdrawal request by email.
- At any times, in case of termination of the Agreement by the Client after contractual work has already been performed or after Claimflightrefund.com and/or legal representatives have commenced Proceedings, Claimflightrefund.com 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 shall pay the amount indicated in this Section above within 14 days after receipt of an invoice by Claimflightrefund.com.
- If the Client is a consumer pursuant to EU-consumer regulations, i.e. acts outside the scope of business, it has the statutory right of withdrawal from the Agreement. The Client is entitled to terminate the Agreement with a written notice served to Claimflightrefund.com 5 (five) days in advance. In case the Agreement in terminated by the Client, Claimflightrefund.com is entitled to reimbursement of the costs incurred in a course of supply services to the Client under this Agreement, and the reimbursement shall not exceed a sum specified in Section 3.1.
6 – FINAL PROVISIONS
- Claimflightrefund.com is authorized to alter T&C and set forth additional conditions at any time and without notice, however shall put efforts for the Client to be updated with any such alterations. If any such alterations are negative from the Client’s perspective, the Client shall have to approve such alterations in order for amended T&C to be applied to the respective Client.
- The laws of Netherlands apply to T&C, the Agreement and/or any other document concluded in relation to this T&C and the Agreement, except if otherwise agreed in the specific document which is satisfactory to Claimflightrefund.com.
- Claimflightrefund.com will use the Client’s and, if applicable, its employees personal data exclusively for enforcing the Claim. Any and all information regarding the extent and form of data collection, storage and usage of personal data can be found in Claimflightrefund.com’s Data Protection Policy.
- In case the Client is a legal entity, it warrants and represents that:
- the personal data provided by such to Claimflightrefund.com has been collected and is to be provided to Claimflightrefund.com at all times in accordance with the Privacy and Data Protection Requirements;
- for the purposes of this Agreement Claimflightrefund.com will be acting as a data processor, rather than as a data controller (as they are understood under the Privacy and Data Protection Requirements), in respect of all such data processing activities which Claimflightrefund.com may carry out under this Agreement.
- Any dispute, controversy or claim, arising out of or relating to T&C, its breach, termination or validity shall be finally settled in the respective court of Netherlands subject to the rules of jurisdiction.
- The Client is not entitled to assign or transfer all or any part of its rights and obligations under T&C, the Agreement and/or any other document in relation to T&C without a prior written consent of Claimflightrefund.com.
- If any provision of T&C is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the other provisions of T&C will remain in full force and effect. Any provision of T&C held to be illegal, invalid or unenforceable only in part, or to a certain degree, will remain in full force and effect to the extent that it is not held illegal, invalid or unenforceable. Claimflightrefund.com will amend T&C by replacing such illegal, invalid or unenforceable provisions with legal, valid and enforceable provisions that would produce the result as close as possible to the intentions of Claimflightrefund.com and the Client. Claimflightrefund.com will put all their best efforts into ensuring the implementation of all the provisions hereof.
- In case of discrepancies of the English version of T&C and any other language, the English text shall prevail.
Whether you go on vacation or traveling for business, a delay always means your plans...