Contract for Services
Airline Recovery Limited is the publisher of the website www.airlinerecovery.com. Hereinafter referred to as ‘The Company’.
The Company advises and assists travellers who wish to obtain compensation from an airline when carriage did not take place or when the services provided were below accepted standards. The traveller is herein after referred to as ‘The Client’.
The contract and conditions herein constitute a retainer between the Company and the Client. The Company acts in the name and for the account of the Client who retains the Company to represent him or her in the proceedings described herein.
1. Contract Object
These conditions specify the rights and obligations of the Client and the Company. They apply to the delivery of services by the Company.
By completing and submitting the Online Claims Form (via www.airlinerecovery.com) the Client authorises the Company to initiate, on his or her behalf, a compensation request against a particular air transport company in relation to a cancellation, overbooking, delay, or baggage claim.
The Client declares that he or she is not a minor under applicable law and not under any form of guardianship.
2. Contract Formation
2.1 Claim Notification
The Client must complete the required fields in the Online Claims Form. He or she must provide his or her contact details as well as those of other persons on whose behalf he or she is legally allowed to make a request. The Client declares that he or she has read and accepts the terms and conditions of sale.
The Company will check the data provided by the Client and the information relating to the flight that is subject to the request.
The Company will confirm by email whether or not it agrees to proceed with the request within 10 business days from the date of the request.I
f the Company refuses to proceed, it will inform the Client of its decision within 10 business days of from the date of the request. The decision of the Company is final and the Company is not required to provide reasons for its decision.
If the Company requires the Client to provide additional material or evidence, the Client must provide it within 15 days after the Company gives notice to the Client that it has agreed to proceed with the request. If the Client fails to provide the additional material or evidence in that time, the Company can close the file without further notice.
2.2 Acceptance of these terms and conditions of sale
By ticking the box “I accept the terms and conditions”, the Client accepts these terms and conditions of sale at the time of submission of his or her request to www.airlinerecovery.com. The Client is then irrevocably bound by these terms and conditions and his or her acceptance of these terms and conditions may not be withdrawn.
3.1 Individual Files
The fee payable to the Company applies to all Compensation Requests submitted by the Client whilst the contract is under execution. The fee is deemed to be owed to the Company regardless of the actual management of the file and the duration of the retainer.
The fee payable to the Company is set at 25% of the compensation received by the Client in respect of each individual Compensation Request, plus the applicable Value Added Tax.
The fee owed to the Company is paid on the day the air transport company pays compensation to the Company. Electronic Funds Transfer fees for the transfer of the balance of compensation to the Client’s bank account are payable by the Client out of the balance of the compensation.
The fee owed to the Company is applied to the sum of all compensation amounts:
The amount paid by the air transport company includes all monetary amounts and the monetary value of vouchers given by the air transport company to the Client or to the Company on behalf of the Client in relation to the claim.
3.3 No win no fee
The Company will not require the payment of any fee if the Client does not receive any compensation in relation to his or her claim against the airline.
In that case, the Company will pay all costs incurred on behalf of the Client including any costs of formal litigation.
3.4 Fee Payment
The Company will notify the Client by email as soon as any compensation is received from the air transport company. That email will also provide the Company’s memorandum of fees.
The Company will transfer any compensation received, less the fee payable to the Company, to the Client within 30 days after:
(a) the Client provides his or her bank account details to the Company; and
(b) the Company receives any compensation in respect of the Client’s claim.
The Client hereby irrevocably authorises the Company to deduct the fee payable to the Company from all compensation paid by the air transport company to the Company.
4. Cooling off Period
The Client authorises the Company to record a claim against the airline as soon as his or her Compensation Request is accepted by the Company. The Client declares that he or she waives his or her cooling off rights in relation to the services provided by the Company from the time the Compensation Request is accepted by the Company.
5. Service Provision
The Client authorizes the Company to act in his or her name and on his or her behalf and to do all things necessary to obtain compensation from the air transport company including: sending emails, summons, obtaining injunctions and other civil remedies.
Within the scope of the retainer, and with the agreement of the Client, the Company may settle any claim on behalf of the Client, including but not limited to a settlement reached by either alternative dispute resolution or formal civil proceedings in a court of law.
This retainer allows the Company to settle the Compensation Request by alternative dispute resolution on behalf of the Client.
The Company reserves the right to refuse a request to engage formal civil proceedings if it believes these are not an appropriate means to settle the Compensation Request given the overall circumstances of the Client and the documents provided.
If the Company is required by the Client to initiate formal civil proceedings against the air transport company and this request is against the advice of the Company to the Client, the Client will be liable for all litigation costs subsequently incurred and the Company may require the Client to provide funds in advance towards payment of those costs.
The parties agree in their own name and on behalf of their agents to treat as confidential, both during the duration of the contract and afterwards, all documents and information supplied or obtained during the duration of the contract and that the documents and information will not be used for any purpose other than the purposes of the contract.
6. Company Obligations
The Company undertakes to carry out its objectives under the contract in the respect of all laws in force and to give regular updates to the Client on the development and management of the file.
The Company manages a trust account on which the compensation received from the air transport company is deposited.
The Company is free to choose its agents.
7. Client Obligations
7.1 The retainer
The Client undertakes to provide the Company with a Compensation Request that is liquidated, payable and enforceable.
The Client agrees to pay 25% of any compensation, plus applicable Value Added Tax, received from the air transport company to the Company and further agrees that all moneys received under a cost order relating to the claim the subject of the contract are payable to the Company.
The Client undertakes to provide all documents that are relevant to his or her claim to the Company as soon as reasonably practicable.
The Client undertakes not to interfere with the management of the file by the Company.
The Client declares that he or she has not initiated recovery proceedings in relation to the same event as that for which he retained the Company under the contract. The Client further undertakes not to initiate proceedings by himself or herself or through another agent than the Company during the duration of the contract. If the Client has already initiated recovery proceedings against the air transport company, the Client must provide all relevant information to the Company and the Client agrees to transfer the management of those proceedings to the Company.
The Client undertakes not to get involved in the management of the compensation claim, not to accept any transaction, including any compensation or payment in respect of the claim, from the air transport company, and not to initiate any alternative dispute resolution or civil proceedings with the air transport company with respect to the claim without the prior written approval of the Company.
7.3 Fraud and misleading statements
If a Compensation Request is fraudulent or contains information that is not true or misleading, the retainer will be automatically terminated by the Company.
8. End of the contract retainer
The term of the contract is 12 months from the date the Company accepts the Client’s Compensation Request but is automatically renewed at the end of that 12 months period if the claim is not finalized. If a party wishes to terminate the retainer at the end of that initial 12 months period it must give notice in writing to the other party at its registered office at least 30 days before the end of the 12 months period.
The contract terminates on the earlier of the following dates:
If a party breaches its obligations under the contract and if notice has been given to the party who is in breach by the other party by registered post and if the breach has not been remedied within 30 days of notice being given, the retainer may be terminated by the party who gave the notice of the breach.
9.1 No guarantee
The Company does not represent that a Compensation Request will necessarily be successful.
The Company is not responsible for any damage caused to the Client or any third party by the use of the services of the Company.
The Company is not responsible for delays in the payment of compensation and will not pay interest for delays in payment.
9.2 Limited liability
The Company is not responsible if its website or its services are not available at any time.
9.3 No responsibility
The Company accepts no liability and no compensation will be given if the material provided to the Company by the Client cannot be returned to the Client for any reason whatsoever.
10. Personal details and privacy
The Company will only use the personal details provided by the Client for the purpose of the contract and will respect all applicable privacy laws.
The Client has the right to consult and modify his or her personal details, as recorded by the Company, by request in writing to the Company.
|click here for client site|