Article 1: Definitions
The following definitions are used in these Terms and Conditions:
1.1 ‘’Claim24’’: the private limited liability company Claim24 B.V., registered at the Chamber of Commerce of the Netherlands under number 71375341 with its registered office in Amsterdam (Schiphol Boulevard 127, 1118 BG).
1.2 ‘’Claim24.nl’’: Claim24 website that offers air passengers various options for collection their rights, based on Regulation EG No. 261/2004, Regulation EG No. 889/2002 and/or the Montreal Convention.
1.3 ‘’Client’’: any natural or legal person who gives Claim24 a mandate or, in general, signs an agreement with Claim24, who is also the person who has the right to compensation on the Airline; A Client may represent several persons towards Claim24.
1.4 ‘’Airline’’: a company that has offered air transport to the Client or intends to execute it.
1.5 ‘’Claim’’: any claim for financial compensation, damages, or refund against an Airline in accordance with air passenger’s rights, primarily based on Regulation EG No. 261/2004, Regulation EG No. 785/2004, Regulation EG No. 889/2002, Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention). The claims can be submitted jointly or separately.
1.6 ‘’Mandate’’: an agreement by which a person, the ‘’principal’’, gives another person, the ‘’agent’’. The power to represent it in the performance of one or more legal acts.
1.6 ‘’Agreement’’: an agreement between Claim24 and the Client that is reached after clicking on the box ''I agree with the Terms and Conditions'' .
1.7 ‘’Extrajudicial and amicable trajectory’’: the extrajudicial trajectory means that Claim24 will draw up and send letters to collect the claim. The amicable trajectory means that Claim24 summons the Airline to pay the compensation amount by means of an amicable settlement. After a claim has not been collected during the extrajudicial process, Claim24 will assess whether it wishes to start an amicable process. The amicable trajectory includes, amongst other things, drawing up and sending summons letters and reminders at our own discretion.
1.8 ‘’Legal procedure’’: the legal collection of the claim by and / or on behalf of Claim24, in its own name or on behalf of the client including (but not limited to) drawing up a summons and / or conducting legal proceedings against the Airline, conducting (settlement) negotiations with the Airline and achieving an amicable settlement with the Airline.
Article 2: General
- These General Terms and Conditions apply to all agreements between Claim24 and the Client, insofar as these Terms and Conditions have not been explicitly deviated from agreement in writing by both parties involved. The agreement between Claim24 and the Client comes into being when the Client gives Claim24 the authority to take action.
- Claim24 is authorized to alter these Terms and Conditions at all time, with the exception of what is stipulated in article 6:236 sub i BW. The Client will be informed in the event of significant changes.
- Insofar as Claim24 makes use of an intermediary/intermediaries and/or third parties in the performance of the agreement, these conditions also apply to the intermediary/intermediaries and/or third parties.
- The General Terms and Conditions also apply to legal cooperation partners of Claim24. The Client also gives permission to Claim24 to provide the personal data to legal cooperation partners if necessary for processing the claim.
- In order to submit an offer of assignment to Claim24, the Client must be at least 18 years of age. If the Client is not 18 years old, Claim24 will request that the parents or guardian submit the offer of assignment on its behalf.
- All amounts will and must be paid in Euros. Claim24 will not accept any other payment.
Article 3: Agreements
- All offers, of any kind, are without obligations and only apply as an invitation to enter into an agreement, unless stated otherwise by Claim24.
- Claim24 claims on behalf of the Client against the Airline to obtain compensation. The client is legally entitled to in case of delay, cancellation, overbooking, and otherwise disrupted flight based on EG Regulation No. 261/2004.
- Claim24 reserves the right to execute each agreement entirely at its own discretion. Claim24 shall at all times perform the Agreement to the best of its knowledge and ability, in accordance with the requirements of good workmanship. In addition, no rights can be derived from the information provided by Claim24 on or via its website.
- Claim24 is entitled to refuse the claim at any time without giving any reason, irrespective of whether this is during an (extra)judicial process. Claim24 is no longer obliged to make any effort with regard to the claim.
- An agreement will only be concluded when the agreement has been confirmed by Claim24 to the Client in writing by means of an an e-mail message or otherwise, or if Claim24 has given effect to the agreement.
- By entering into an agreement with Claim24, the Client guarantees that he/she is authorized and has the legal capacity to enter into the agreement in his own name and, if applicable, in the name of his/her co passenger.
- By signing the assignement form, the Client guarantees that he/she is authorized and has the legal capacity to sign the assignement form in his own name and, if applicable, in the name of his/her minor co passenger.
- The Client acknowledges that the agreement with Claim24 consists in particular of an ad litem mandate in that the Holder acknowledges that it gives Claim It the right to act on its behalf and for its account and to represent it in Court in the context of any legal proceedings for the payment of all or part of the compensation which is the subject of the agreement.
- For the duration of the agreement, the Client will be forbidden from assigning its claim and, secondly, from communicating directly and/or indirectly, personally and/or through any third party acting in its name and/or on its behalf, with the airline and/or a representative of the latter, concerning the compensation which is the subject of the agreement.
- The Client guarantees that the claim has not been assigned to third parties and that there is no legal dispute pending or to be expected between the Client and the airline.
- After signing the assignement form, the Client may not engage with other parties to handle his claim as the claim is already been assigned to Claim24. All existing commitments must be cancelled before the Client signs the proxy or the authorization document.
- After signing the assignement form or an authorization document, the Client is obliged to cease negotiations with the relevant airline and to forward all contact attempts of the airline to Claim24 to ensure Claim24 achieves the best possible result.
- If the Client receives direct payments or any other compensation from the relevant airline after the agreement has been entered into with Claim24, the Client is obliged to notify Claim24 without delay. Such payments shall be considered as flight compensation and entitle Claim24 to its service costs and legal charges, if Claim24 has taken legal steps before the Client has received the payment from the airline. For the avoidance of doubt: flight compensation does not include payments or fees for lawyers, costs of legal advice, costs for court, collection costs, interest or anything similar, these payments will only belong to Claim24.
- Claim24 may, in the performance of its mandate, appoint a lawyer in the name and on behalf of the Client to initiate and monitor a legal proceeding. Before initiating a legal proceeding, the Client will be contacted by Claim24 or its lawyer with details as to the identity of said lawyer and the notification that a judicial procedure will be fled before the competent court, with the objective of recovering the payment of all or part of the compensation.
- If the Client does not agree with the choice of the lawyer for whatever reason, it must inform Claim24 within 7 days from the date that Claim24 sent the notification referred to in point 11 of this article.
- If the lawyer comes to the conclusion that there is insufficient prospect of success, the Client will be informed about this and neither Claim24 nor the contracted lawyer will take any further action.
- If Claim24 or the lawyer takes legal steps to handle the claim, Claim24 covers the costs in case the lawsuit is lost.
- Claim24 gives no guarantees about the successful collection of a claim with the Airline. Claim24 will not send an update to the client for every action it performs, but will keep the Client informed as much as possible during the process via the online account of the Client on the website of Claim24, e-mails and/or phone calls. No rights can be derived from the advice given by Claim24. Claim24 is not liable for any consequence of the failure of the Client to (regularly) read messages sent by Claim24.
Article 4: Obligations of the Client
- At the request of Claim24 the Client provides all necessary data or information required for the execution of the agreement. The Client guarantees that all data and information provided are correct, complete, and truthful. Claim24 is kept indemnified for any claims that arise due to, but not limited to, incorrect data or information provided by the Client or due to the lack of cooperation or fraudulent conduct by the Client.
- The Client undertakes to inform Claim24, in writing and within a period of 7 calendar days from the Client becoming aware this information, of any modification concerning its situation and/or its contact details (change of domicile/residence, change of email address, etc.), as well as any new information relating directly or indirectly to the compensation covered by the agreement (partial or total payment by or on behalf of the airline company, receipt of an email from the airline company concerning the flight in dispute and/or the right to compensation, etc.)
- If the Client provides incorrect or incomplete data, withholds information from Claim24 and/or commits fraudulent acts, Claim24 is not held liable for any resulting damage or claims from third parties. Claim24 will charge its fees and all costs incurred and any loss suffered by Claim24 or its partners will be at the full expense and risk of the Client.
- The Client is responsible for providing correct and sufficient bank or payment details. Claim24 cannot be held liable for the information being incorrect.
- The Client indemnifies Claim24 against all claims of third parties as a result of inaccuracies made by the Client and/or incorrectly supplied data/information and/or fraudulent actions.
- The Client will not contact the Airline directly.
- The Client declares, by accepting the Terms and Conditions either via the website or e-mail, that he/she has notified Claim24 of all correspondence with the Airline.
- The client is not authorized to communicate directly with the Airline after entering into the agreement with regard to the claim during the extrajudicial process, amicable process or the legal process. With the exception of a written agreement with Claim24 about this. Claim24 is not liable for possible damage and / or losses resulting from the Client's own actions against the airline.
- The Client must report earlier engagement with the Airline or other third parties and must report direct payments (or any other form of payment, such as vouchers) of the Airline or other third parties to the Client without delay. The Client is obliged to pay Claim24 the fees and costs indicated in Article 7.
- Any liability of Claim24 is excluded, unless there is intent or gross negligence. This exclusion of liability covers all direct or indirect damage, non-material damage, loss of profit and trading loss, regardless of the reason and for whatever reason.
- The client gives Claim24 the authority to represent the client by signing a proxy. The client hereby gives Claim24 the power of attorney to collect the claim in the extrajudicial process, and thereby to do everything it deems necessary to affect this. However, the power of attorney has already been formally granted by and to Claim24 upon entering into the agreement.
- On the basis of the information made available to Claim24, and the correspondence of the airline, Claim24 will evaluate whether or not an amicable route will be started. If Claim24 does not consider the start of an amicable process to be appropriate, or for whatever reason, Claim24 is entitled to refrain from an amicable process, without stating reasons. For the commencement of an amicable process and any subsequent legal process, permission will be requested from the client.
- The right to assess whether a legal action will be started lies with Claim24. Claim24 has the right to refrain from commencing legal proceedings if Claim24 does not consider the legal process opportune, or for any reason whatsoever, without stating reasons.
- The Client grants permission to Claim24 to start the legal process on behalf of Claim24 or on behalf of the client. Claim24 understands this to be an amicable arrangement, the legal proceedings or the transfer to other measures deemed necessary by Claim24.
- If the Client cancels the legal action of Claim24 on the basis of either justified or unfounded reasons, any legal costs incurred will be charged to the client.
- Different time limits may apply for submitting a complaint to the competent inspection and starting the legal process. Various expiry dates apply for starting a lawsuit against the Airline:
- a. 2 years for claims against Dutch airlines;
- b. 3 years for claims against German airlines;
- c. 6 years for claims against UK airlines;
- d. 1 year for claims against Belgian airlines
- e. 2 years for any other airline;
- The expiry period will take effect at the time the flight should have taken place. Claim24 is not liable for any damage that may result from the possible lapse of the Claim.
Article 5: Right of withdrawal
- The Client will have a period of 14 days from the date of submitting its claim to Claim24 or the signature of the mandate to retract its service request or to withdraw from the agreement. During this period the Client may retract its order without compensation and without giving reasons. Within 14 days of notification of the exercise of its right of withdrawal, Claim24 will confirm to the Client the withdrawal of the agreement.
- In order to execute the right of withdrawal in a correct and expeditious manner, the Client is obligated to send an e-mail to email@example.com in which Claim24 is notified of the withdrawal of the claim.
Article 6: Termination of the contractual relationship
- This agreement between the Client and Claim24 can be terminated in 3 ways, namely: (1) the claim is concluded by Claim24 in writing, (2) the claim is collected, or (3) the Agreement is terminated prematurely by the Client. If the agreement is terminated prematurely by the Client, the conditions under this Article are effective.
- The client is not permitted to terminate the agreement prematurely, unless explicitly agreed in writing with Claim24.
- If the Client terminates the agreement with Claim24 after the expiry date of the 14 day period referred to in article 5, point 1, of these general conditions, the Client must pay to Claim24 an amount equivalent to 35% including VAT of the compensation which is the subject of the agreement.
- If the Client terminates the agreement with Claim24, after the filing of a legal appeal, the Client must pay Claim24 an amount equal to 35% including VAT of the compensation which is the subject of the agreement, increased by the costs and expenses incurred by Claim24 in the context of the judicial procedure. Moreover, from the moment of the notification of the Client, Claim24 will no longer be liable to pay any fees related to the legal proceedings that have been initiated. The Client will bear all costs related to the legal proceedings, and will be solely liable for the administration and consequences of the legal proceedings.
- The Client expressly acknowledges that the following situations will be automatically, unless otherwise decided by Claim24, considered to constitute a termination of the agreement entered into with Claim24, by the Client and will result in the obligation for the latter to pay to Claim24 the amounts provided for in points 3 or 4 of this article, as from the time that Claim24 becomes aware of said situation(s):
- a. The Client or any third party acting in its name and/or on its behalf, has received all or part of the compensation requested by Claim24, without Claim24 being informed within 3 calendar days from the date of the receipt of the amount;
- b. The Client has contracted with a service provider other than Claim24 to obtain all or part of the compensation, regardless of whether the Client had entered into said agreement before or after having contracted with Claim24;
- c. The Client has instructed a third party, other than Claim24, to act in its name and/or on its behalf in order to obtain all or part of the compensation, and regardless of whether the Client had instructed this third party before or after having contracted with Claim24;
- d. The Client does not respect and/or has not respected points 1 and 2 of article 4 of these terms and conditions;
- e. The Client does not send to Claim24 the documents requested by the latter in order to be able to continue the recovery of the compensation which is the subject of the agreement;
- f. The lump sum compensation claimed by Claim24 is not obtained, or cannot be obtained, due to, in whole or in part, the communication of incorrect or incomplete information sent by the Client, missing information, or the non-communication and/or incorrect or incomplete communication of information referred to in point 2 of article 4, or expressly requested by Claim24;
- g. The legal request for payment of the fixed compensation is declared inadmissible or unfounded by a court due to, in whole or in part, the communication of incorrect or incomplete information sent by the Client or in its name and/or on its behalf, missing information, or the non-communication and/or incorrect or incomplete communication of information referred to in point 2 of article 4, or expressly requested by Claim24;
- h. The Client does not respond accurately and completely to any question(s) and/or request for information and/or document(s) by Claim24, within a period of 7 calendars days from the sending of the question, or request for information and/or document(s) by Claim24;
- i. In general terms, the Client does not cooperate with Claim24.
- If, despite two reminders from Claim24, and after 7 calendar days from the sending of the second reminder, the Client has still not sent all the required documents, it will be considered that the Client wishes to terminate the contractual relationship with Claim24.
- Claim24 may terminate the contractual relationship with the Client, at any time, without prior notice and without compensation, and as long as no originating summons has been served.
Article 7: fees and payment
- If Claim24 succeeds in collecting all or part of the compensation claimed under Regulation 261/2004, it will be entitled to remuneration equal to 24% including VAT of the total amount received. This is irrespective of whether the collection takes place through the efforts of Claim24, or the Client in cooperation with Claim24.
- All funds received by Claim24 for or on behalf of the Client are to be deposited into the bank account of Claim24.
- Claim24 offers its services on the basis of the principle ‘’no cure, no pay’’. Except in the events referred to in articles 4, 5 and 6 of these general terms and conditions, the Client will have nothing to pay to Claim24 in event of non-receipt of all or part of the compensation claimed.
- Notwithstanding, in the event that a legal claim filed for the Holder is declared inadmissible or unfounded, the Holder must pay the procedural compensation which it has been ordered to pay, without being able to claim payment or reimbursement from Claim it.
- Claim24 may collect the compensation on behalf of the Client. In this case, within 3 months of the receipt of the payment, and provided that Claim24 has the correct account number of the Client, Claim24 will transfer the compensation to the Client received on its behalf, less the price as determined in point 1 of this article.
- The Client acknowledges that it is entitled to the amount of the fixed compensation provided for under Regulation 261/2004, less the price as determined in point 1 of this article.
- The Client acknowledges that it is not entitled to any other amount that may be paid by the airline company such as, for example, the reimbursement of the costs of filing an appeal, the costs of executing a legal ruling or the payment of procedural compensation. This also applies in all cases where the airline company (or a third party, on behalf of the airline company) pays all or part of the amount which the airline company has been ordered to pay to the Client or to any third party in the name of and/or on behalf of the Client.
- Payments by the Airline that are made directly to the account of Client or any third party, the Client and/or the third party must inform Claim24 within 7 days from the date of receipt of said ammount. In the event of default, Claim24 reserves the right to invoice the Client an amount equal to 35% of the total compensation amount claimed. In addition, any costs involved during collection are charged to the Client.
- The compensation received by Claim24 and entitled to the Client will be paid at the latest within ten working days after receipt of the funds. This, if the amount can be linked to a reference number and the Client has provided the correct bank details. If this is not the case, Claim24 reserves the right to pay the payment to the client no later than 30 days after the reference number and bank details are known.
- If Claim24 receives payment of all or part of the lump sum compensation, but has not been informed by the Client of a bank account to which the amount accruing to the Client is to be transferred, or if Claim24 has been given a bank account number that is clearly wrong, Claim24 will send a notification to the Client that an amount is due. In this notification Claim24 will request correct detail of a bank account to which the amount must be paid. After the first notification Claim24 will send one more notification within 2 months after the date of the first notification. If one year passes from the date that Claim24 sent the second notification without a pertinent response from the Client, the Client will no longer be able to demand payment by Claim24 of the amount which should have been returned in application of these general conditions.
- Claim24 is not liable for any damage resulting from incorrect or insufficient bank details provided by the Client. Claim24 reserves the right to withhold transaction costs to foreign account numbers on the amount of compensation to be paid out.
- If the client has provided wrong or insufficient information resulting in the compensation amount being paid to the wrong receiver, Claim24 is not liable and not obligated to reclaim it.
- All bank or transaction costs in relation to international payments that need to be made due to the Client will be charged to the Client.
- After entering into the Agreement with Claim24, Claim24 is entitled to charge the Airline statutory interest and adverse costs incurred. This includes (but is not limited to) our no win-no fee rate, additional representative fees if applicable, (extra) judicial costs, court fees, costs of service, bailiff’s costs, and other costs incurred if applicable. These costs are to be entirely paid by the Airline to Claim24. If the Client decides to withdraw the claim, the costs described including the success fee rate of 24% will be charged to the Client.
- If the airline offers compensation in another form than in cash after commencing the extrajudicial process, but before starting the legal process, then it is not permitted for the client to accept it until written permission has been given by Claim24
- If, for settlement of any account, the Client accepts a voucher or a discount coupon without the permission of Claim24, the price determined in point 1 of this article will still be due to Claim24. The remuneration due to Claim24 will be calculated on the amount of compensation claimed by Claim24 from the airline company.
- After commencing the legal process, the Client is not permitted to accept vouchers, Air Miles or any other form of compensation in lieu of the monetary compensation. If the Client remains in default, Claim24 will owe an amount of 35% of the claim excluding the costs already incurred by Claim24 for the legal proceedings.
- In case of dispute, invoices must be questioned in a reasoned manner within 8 calendar days from their sending to the Client. If no reasoned objection is communicated within this period, it will automatically be considered that the Holder agrees to the invoice and, in general, to the amount invoiced by Claim24.
- In the event of non-payment of an invoice within the 8 days referred to in the previous point, the sums due will, ipso jure and without prior notice, be increased by interest calculated at the legal rate.
- Moreover, in case of non-payment within this same period, the Holder will be liable to Claim it for the cost of each reminder sent, fixed at a flat rate of €50 per reminder.
Article 8: guarantee and liability
- Claim24 cannot guarantee to the Client that the compensation claimed will be obtained. Obtaining compensation depends on several factors, which Claim24 cannot always influence.
- Claim24 is committed to an obligation of means. In the event that Claim24 does not obtain the payment of all or part of the Compensation claimed, it cannot be held liable for damages, direct or indirect, suffered by the Holder or by third parties.
- Subject to the provisions of article 11 of these terms and conditions, Claim24 cannot be held liable for the delay in the payment of compensation, if it is not responsible for said delay.
- Claim24 can under no circumstances be held liable for the consequences of the unavailability of the Website.
- In the case where Claim24 can be held liable for any damage, the compensation demanded or due as a result of said liability will in no case exceed the amount of the lump sum compensation claimed by Claim24, on behalf of the Client, to the airline company.
- The Client can not raise any claim or complaint against Claim24 in the event that the Client does not receive the money collected by Claim24 due to the communication to Claim24 of an incorrect bank account provided by the Client.
Article 9: Intellectual property
- In general, the agreement does not grant or transfer any intellectual property rights to the Client.
- It is forbidden to the Client to make use of and/or to make any modifications to the elements of the Website, for example by reproducing them, without the prior express written consent of Claim24.
Article 10: Treatment of personal data
- For the performance of the agreement with the Client, Claim24 will collect personal data of the Client. All personal data is collected in accordance with the General Data Protection Regulations, Regulation (EU) 2016/679 (see: Privacy Statement).
- Claim24 will primarily use the personal data provided by the Client for the purpose of delivering eligibility service, information service and justice as a service accordance with the agreement. Claim24 may also collect personal data for other purposes such as statistics, administration and communication, IT and security administration, authentication and authorization systems.
- Claim24 will treat the (personal) details of the Client confidentially. In the context of the normal business operations of Claim24, the Client of Claim24 hereby grants unequivocal consent to the processing of the personal data and the use thereof by the Client pursuant to EU General Data Protection Regulation (GDPR).
Article 11: Force Majeure
- Claim 24 is not obliged to fulfil any obligation towards the Client if it is prevented from doing so as a result of force majeure or a circumstance beyond its fault, nor if accountable for it in accordance with the law, legal act or generally accepted standards. bill.
- Force majeure means: all external causes, foreseen or unforeseen, on which Claim24 cannot or could not exercise influence on, as a result of which Claim24 is unable to meet its obligations towards the Client. Claim24 also has the right to invoke force majeure if the circumstance prevents (further) performance of the Agreement after Claim24 should have fulfilled any obligation under the Agreement with the Client.
- Claim 24 is entitled to suspend its obligations towards the client as long as the force majeure continues.
Article 12: Applicable law and jurisdiction
- The contractual relationship between Claim24 and the Client is subjected to Dutch law.
- Disputes with Claim24 about the execution of the agreement are settled by means of arbitration.
- The English version of these Terms shall prevail in case of inconsistency between language versions.