Terms and Conditions

I. Definitions

Unless the context of the General Terms and Conditions requires otherwise, the capitalised terms used in these Terms and Conditions (“T&C”), shall have the meanings indicated below:

“Agreement” shall mean the agreement between the Client and Flight Delays Ltd that is concluded after the Client has reviewed and accepted the Terms and Conditions, which is signed electronically or in writing. Under the Agreement, the Client assigns to Flight Delays Ltd full ownership and legal title to their monetary claim pursuant to 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, cancellation, or long delays of flights, replacing Regulation (EEC) No 295/91), or any other applicable international or national regulation that establishes rules on compensation and assistance to passengers in similar circumstances. This includes all amounts related to the assignment, such as taxes and any other compensation related to flight delays, when passengers are unable to fly or their flight has been significantly delayed (the “Assignment”).

Only where the Assignment agreement (form) cannot be considered valid in a particular jurisdiction (country) or when the parties agree to provide services through a separate agreement, the Agreement concluded between the Client and Flight Delays Ltd shall be considered as a contract for services. Under this contract, Flight Delay Claims administers the Client’s Assignment and undertakes to organize and finance the collection of the Assignment, executing all related actions as stipulated in the Agreement.

In order to simplify the application and interpretation of these Terms and Conditions (T&C), the definition of the Agreement encompasses both the assignment agreement and any agreement on the provision of services. The legal relationships involving the assignment and provision of services are referred to as ‘services,’ unless otherwise explicitly stated.

“Airline” means the airline responsible for the Flight Disruption experienced by the Client.

“Claim” means any claim against a flight operating carrier (airline) for monetary compensation pursuant to Flight Compensation Regulation.

“Claim Amount” means the sum that Flight Delay Claims shall demand from the Airline as Compensation.

“Client” shall mean a person who has signed the Agreement, accepted the T&C, and is seeking Flight Compensation.

“Electronic Identification Regulation” refers to 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, repealing Directive 1999/93/EC.

“Flight Compensation Regulation” refers to 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, cancellation, or long delays of flights. This also includes any other applicable international or national regulation in another country, which establishes similar rules on compensation and assistance, as well as taxes or other amounts due when passengers are unable to fly or their flight is disrupted.

“Flight Compensation” refers to the total amount paid by a flight operating carrier in relation to a Claim as compensation, settlement, or gesture of goodwill, including any additional expenses compensated to the Client or Flight Delays. Flight Compensation does not include legal fees, court fees, collection costs, interest, penalties, or similar expenses incurred by Flight Delays Ltd during the claim process. Any such expenses paid by Flight Delays must be reimbursed and are payable exclusively to Flight Delay Claims.

“Authorization Form” means the written authorization that authorizes Flight Delay Claims to collect the Claim. The parties explicitly agree that the legal effect of the electronically signed Authorization Form is equivalent to the legal effect of a handwritten signature

“Price List” refers to Annex No 1 of these T&C, which specifies the remuneration for Flight Delays Ltd. Remuneration refers to the amount Flight Delays Ltd receives under the Agreement.

“Privacy and Data Protection Requirements” means all applicable laws and regulations concerning the processing of personal data and privacy, including guidance and codes of practice (if any) issued by relevant supervisory authorities, as well as equivalent regulations in any relevant jurisdiction.

“Legal Proceedings” refers to the process where Flight Delays Ltd files a Claim with a court, alternative dispute resolution institutions, aviation regulatory agencies, consumer protection agencies, and/or governmental bodies, or hands over the Claim to a contracted legal representative, such as an attorney or law firm.

“Flight Delays Ltd” refers to a legal entity.

II. The Agreement

1. By entering into an Agreement, the Client confirms their legal capacity to do so and that they have not authorized any third party to act on their behalf in upholding their rights against the Airline. Any existing third-party engagements must be cancelled prior to entering this Agreement.

2. The Client warrants that all information and documents provided are accurate and complete. Flight Delays Ltd will not be liable for any consequences arising from inaccurate or incomplete information that may limit or prevent the Client’s right to compensation.

3. The Client agrees to notify Flight Delays Ltd of any changes in contact details, personal information, or correspondence with the Airline related to the flight disruption.

4. After entering the Agreement, the Client must refrain from independently contacting the Airline or third parties regarding the Claim and should direct all related communications to Flight Delays Ltd.

5. If the Client receives compensation directly from the Airline, they must notify Flight Delays Ltd within the specified timeframe and transfer the agreed fee to Flight Delays Ltd as per Section IV, “Fees for Services and Payments.”

6. The Client may terminate the Agreement unilaterally within 14 days from its conclusion date without incurring penalties or charges.

7. The Agreement terminates when:

   • Compensation is received from the Airline and transferred to the Client by Flight Delays Ltd.
   • Flight Delays Ltd notifies the Client that the claim will no longer be pursued.

8. This Agreement is governed by and construed under applicable EU and UK laws, with disputes resolved in the UK.

III. Our Services

1. Flight Delays Ltd assists Clients in asserting their right to compensation from Airlines due to flight disruptions.

2. We assess the likelihood of receiving compensation for the Client and may contact the Airline to seek monetary compensation only.

3. In cases where non-monetary compensation is offered, it will be treated as a refusal unless otherwise agreed.

4. If the Airline does not comply, Flight Delays Ltd may escalate the matter to a relevant body or pursue Legal Action as appropriate. Clients may be asked to sign additional authorization for such actions.

IV. Fees for Services and Payments

1. No Win, No Fee: Flight Delays Ltd charges a standard fee of 25% if successful in claiming compensation without legal action. If legal action is required, no additional litigation fee will apply.

2. Direct Compensation: If the Client receives compensation directly from the Airline, they are required to pay Flight Delays Ltd 25% of the amount received.

3. Non-Monetary Compensation: If non-monetary compensation (e.g., vouchers) is provided by the Airline, the Client must pay 25% of the estimated claim value to Flight Delays Ltd.

4. Transfer and Fees: Payments to Clients will be processed via electronic bank transfer, with any related fees borne by the Client.

5. Resend Fee: If the Client provides incorrect information for a bank transfer, a resend fee of £30 will apply

V. Miscellaneous Provisions

1. Severability: If any term is unenforceable, the remaining provisions shall remain valid.

2. Amendments: Flight Delays Ltd reserves the right to update the Terms and Conditions at any time. Updates become effective upon publication on the website, and Clients are encouraged to review the Terms periodically.

3. Privacy and Data: By entering an Agreement, the Client consents to the processing of personal data necessary for handling their claim as outlined in our Privacy Policy.

4. Language: In case of discrepancies between language versions, the English version shall prevail.

Thank you for choosing Flight Delays Ltd to handle your flight delay claim.