General Terms and Conditions

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 SC that is concluded after the Client got acquainted with and accepted T&C, which is signed by electronic means or in writing. Under the Agreement the Client assigns to SC full ownership and legal title to his (her) 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 and of cancelation or long delay of flights, and replacing Regulation (EEC) No 295/91) or under any other international or national regulation applicable in respect of the Client in another country which establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancelation or long delay of flights, including all amounts related to the assignment as well as taxes and other amounts, when passengers are not able to fly or their flight was disrupted, and any other monetary compensation for lost or damaged baggage(“Assignment”).

Only where the Assignment agreement (form) cannot be considered valid in the particular jurisdiction (country) or when the parties agree on the provision of services by a separate agreement, the Agreement concluded between the Client and SC shall be considered as a contract for services according to which SC administers Client‘s Assignment and undertakes to organize and finance the collection of the Assignment and to execute all other actions in relation to the Agreement.

In order to make application and interpretation of T&C‘s easier, definition of the Agreement combines the assignment agreement and agreement on provision of services, and legal relationship of the assignment and provision of services are referred to as services, unless it is clearly stated otherwise.

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

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

“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 as well as any other international or national regulation applicable in respect of the Client in another country which establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancelation or long delay of flights, including all amounts related to the assignment as well as taxes and other amounts, when passengers are not able to fly or their flight was disrupted, and any other monetary compensation for lost or damaged baggage.

“Flight Compensation” means total amount of money paid by a flight operating carrier in relation to a Claim as compensation, settlement or gesture of goodwill, including all additional expenses compensated to the Client or SC by free will and decision of an operating carrier after the Client has signed the Agreement and accepted T&C. To avoid any doubts, it shall be specified that the Flight Compensation does not include any legal fees, court fees, collection cost, interest, penalty or similar expenses incurred, which are paid by SC during the entire collection process. Accordingly, all the amounts paid by SC during the collection process must be refunded and paid exclusively for the benefit of SC.

“Price List” shall mean Annex No 1 to these T&C specifying amounts of SC remuneration. Remuneration means the amount which SC receives under the Agreement.

“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).

“Legal Proceedings” shall mean a process when SC files the Claim to a court, alternative dispute resolution institutions, aviation regulatory agencies, consumer protection agencies and/or governmental bodies or handling over the Claim to a contracted legal representative, such as an attorney or law firm.

“SC” means a legal entity (secretclaims.com/en/imprint).

The aforementioned definitions shall be used upon concluding and performing any document or transaction connected with T&C.

1. AGREEMENT

1.  The Client accepts T&C (the Agreement) which is considered as the basis of any other documents to be concluded between the Client and SC by free will.

2. SC uses an 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.

3. By entering into an Agreement, the Client confirms that he (she) is authorized and has legal capacity to sign documents binding both SC and the Client or, if applicable, has a right to sign on behalf of another person (e.g. a child).

4. The Client confirms that the Assignment of Flight Compensation has not been assigned to third parties and no other agreement was concluded in relation to the Compensation, and no legal dispute is pending or expected between the Client and the flight operating carrier on the same matter. The Client understands that by making Assignment he/she may not conclude the same and/or any similar agreement, including companies competing with SC, take legal action in relation to collection of the Flight Compensation.

5. The Client undertakes to provide SC with all data and/or information that is required for the collection of the Flight Compensation from the flight operating carrier.

6. SC shall be entitled to accept only Flight Compensation and no travel vouchers and/or other services that may be offered by the flight operating carrier shall be accepted.

7. By signing the Agreement and agreeing with T&C the Client confirms that he (she) will not maintain any direct contact or accept the payment from an operating carrier.

8. The Client confirms and declares that T&C are a direct proof and expression of true will and to be respected by flight operating carriers. The Client agrees with SC that all Flight Compensation payments made by operating carriers under SC‘s Claims should be made directly to the bank accounts owned by SC or other bank accounts as agreed by SC and the Client.

9. The Client also agrees that SC will assist him (her) in the exercise of his (her) right to defend him (her) in the collection of the Flight Compensation.

2. PURSUING OF THE CLAIM

1. Flight data in relation to the Claim may be submitted to SC preferably via SC’s website, mobile app, email and/or any other electronic or software solutions supported by SC. After such data is received, SC shall assess the merits of the flight and whether the Claim on the grounds of such flight data could be successful. If SC estimates that the flight data provided by the Client is sufficient and Claim could be successful, SC shall execute all necessary actions in relation to the collection of Flight Compensation according to the documents signed and approved by the Client.

2. 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.

3. When the Agreement is concluded, SC refers to the flight operating carrier with the Claim in order to reach settlement and avoid Legal Proceedings.

4. Provided the flight operating carrier refuses to satisfy the Claim after SC has reached the respective carrier, SC, at its own discretion, is entitled to initiate Legal Proceedings to pursue the Claim. SC, at its own discretion, may initiate Legal Proceedings in other cases if the Flight Compensation recovery process would be more effective and (or) quicker this way.

5. During Legal Proceedings, the legal representative of SC shall be granted access to all data provided by the Client to SC in order to pursue the Claim. If third parties require any additional documents proving the powers of the legal representative, the Client, with the guidance of SC, shall immediately provide to the legal representative with any of such documents. If, for the successful recovery of the Flight Compensation, it is necessary that the Claim is submitted by the legal representative (e.g. attorney at law) on the Client’s behalf, the Client will sign a respective agreement with the legal representative, and the Client’s monetary claim will be assigned back to the Client from the moment of conclusion of the respective agreement with the legal representative. In such a case, the Client and SC will settle between each other according to the terms and conditions specified in these T&C and (or) other agreement concluded by and between the Client and SC.

6. If, after assessing the merits of the Claim, the legal representative considers that pursuit of the Claim during Legal Proceedings is unlikely to succeed, the Client will be informed and SC will pursue the Claim no further. Such notification of the Client shall mean that the collection of the Flight Compensation has ended and full ownership and legal title to the Assignment is automatically returned to the Client without conclusion of additional agreements.

7. If Legal Proceedings are initiated to pursue the Claim, the Client shall be exempt from any costs incurred in the event the Claim is not upheld. In the case of success or settlement in the Legal Proceedings, SC shall cover any costs incurred that are not covered by the respective flight operating carrier. Provided that the Claim is successful and the Client receives the Flight compensation, the Client agrees that all costs incurred by SC and claimed from the flight operating carrier are paid to SC.

8. The Client and SC confirm their acknowledgment that SC has sole discretion to accept and/or reject any settlement offer in accordance with experience with the respective flight operating carrier. The Agreement is considered as sufficient legal ground for such discretion to be effective.

9. The Client acknowledges that the Claim handling may take considerable time and that SC cannot influence how quickly the Claim can be asserted.

3. FINANCIAL TERMS AND CONDITIONS

1. Settlement in accordance with the procedure provided in these T&C under the Agreement is linked to the essential condition that the Flight Compensation is received i.e. paid to SC’s or Client’s bank account. Upon payment of the Flight Compensation by the flight operating carrier SC and the Client shall settle in accordance with the procedure provided in the T&C.

2. SC pursues the Claim free of charge. Provided that the Claim is successful and the Flight Compensation is received, the agreed part of the Flight Compensation will be paid to the Client pursuant to the terms and conditions specified in the Price List. SC and the Client may separately agree on another amount of remuneration and payment terms and conditions.

3. If settlement agreement with a flight operating carrier is not reached regarding the Claim or in other cases, when, in SC’s opinion, Flight Compensation recovery process would be more effective and (or) quicker, SC is entitled to commence Legal Proceedings, which will result in the increase of the part of the Flight Compensation belonging to SC, as specified in the Price List.

4. The Client confirms his (her) acknowledgement that parties to the Agreement may set-off their counter-claims.

5. If the Client fraudulently provides incorrect or incomplete data and SC incurs additional costs due to that, the Client shall reimburse such costs to SC.

7. If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to SC, SC is entitled to deduct all additional costs incurred by SC. If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and (or) it is returned to SC, and the Client, after reminders and reasonable endeavors from SC to contact the Client by means provided by the Client to SC, does not amend or provide information needed to pay the agreed part of the Flight Compensation, SC is entitled to keep the part of the Flight Compensation that otherwise should have been paid to the Client.

8. For the accounts in the Single Euro Payments Area (SEPA), all payments will be sent to the account via bank transfer. When making an international transfer to the Client, all bank fees are deducted from the Client‘s part of the Flight Compensation.

9. To save banking costs, in case of shared booking or in other cases (e.g., parents get paid for children), SC shall transfer all payments to a single account if the Client permits SC to do so or one account is specified while submitting data to SC. A person, which received money for other persons, is obliged to settle with them, and, in such case, SC does not take the risk of non-payment.

10. SC shall not be liable for any checks, prepaid debit cards, credit cards and similar means which are lost by the Client as well as for any effect of the Client giving wrong bank account information.

11. When it is mandatory, SC shall provide an electronic invoice or another document via email.

12. SC 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, labour dispute, act of God, war, riot, compliance with a law or governmental order, rule, regulation, etc.

13. Flight Compensation and any other payments will be made by SC only to final beneficiaries with the right to claim Flight Compensation. SC shall not pay Flight Compensation and (or) any other payments to intermediaries, agencies, representatives and (or) other third parties which, together with the request for payment of the Flight Compensation do not provide any specific written proof clearly and unambiguously confirming the authority to accept payments on behalf of the final beneficiary. In case of any doubt regarding the right to receive payments, SC has the right to request additional proof confirming the right to accept payments on behalf of the final beneficiaries and (or) unilaterally refuse to pay the Flight Compensation directly to such person.

14. If the Client receives Compensation directly from the Airline, the Client shall promptly transfer SC Commission to SC bank account. Any direct payments or other compensation received from the Airline shall be reported to SC immediately.

15. SC retains the right to the entire compensation amount if the Client is unresponsive or fails to provide valid IBAN details. Unclaimed compensation becomes SC's property after 90 days from the airline's payment date.

4. COOPERATION BY THE CLIENT

1. The Client warrants that data and information provided by the Client to SC in relation to the Claim is correct, complete, true and not misleading. The Client shall keep SC 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.

2. Before engaging in the services of SC, the Client has not disposed of the Assignment in any other manner, nor has engaged any third party to enforce the Claim.

3. The Client shall with or without a specific request provide SC with all the data and documents that are required for processing the Claim, e.g. copies of identity documents, boarding pass, delay notification, correspondence with the flight operating carrier.

4. If the Client receives any payment or any other type of Flight Compensation, e.g. flight voucher, from the flight operating carrier after engaging SC’s services, the Client is obligated to inform SC immediately. In such case, the Client shall be obliged to pay SC the remuneration, indicated in Section 3.2 or 3.3, in 10 (ten) days from the day the Flight Compensation is received from the flight operating carrier to the bank account provided in the contact column of SC’s website or any other bank account provided by SC in a written form.

5. If the Client provides incorrect or incomplete data or if the Client withheld from SC that the Client has already received the Flight Compensation from the flight operating carrier for the respective Claim and SC is not able to collect the Flight Compensation or losses through the Legal Proceedings, SC reserves the right to assert its claim against the Client for the resulting damage.

5. TERMINATION AND WITHDRAWAL

1. The contractual relationship between the parties ends, when the Agreement is fully performed, i.e. the payment under the Agreement is fully performed.

2. The Agreement is terminated immediately:

– when SC considers that the Claim may 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 SC; or

– if within 14 (fourteen) days since the conclusion of the Agreement, the Client, who is a consumer, submits a withdrawal notice by email. The right to terminate the Agreement on this ground ends prematurely if the Agreement performance has started or the Agreement is partially or fully performed until the expiration of the above-mentioned time limit.

3. In any case, in the case of termination of the Agreement by the Client  without SC’s fault after certain work has already been performed or after SC and/or legal representatives have commenced Legal Proceedings, SC is entitled to charge the Client administration costs as well as other costs incurred, court fees, costs of services, bailiff’s costs, extrajudicial costs, authorised representative’s fees, additional fees and other costs incurred. The Client shall pay the amounts indicated in this Section within 10 (ten) days after receipt of SC’s invoice.

6. FINAL PROVISIONS

1. SC 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.

2. The laws of the SC country of business address apply to the T&C, the Agreement and/or any other document concluded in relation to the T&C and the Agreement, except if otherwise agreed in the specific document. The Client (consumer) is also entitled to claim protection under mandatory provisions provided by the laws of the country where the Client (consumer) resides.

3. SC 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 SC’s privacy policy.

4. In the case the Client is a legal entity, it warrants and represents that:

– the personal data provided by such to SC has been collected and is to be provided to SC at all times in accordance with the Privacy and Data Protection Requirements;

– for the purposes of this Agreement SC 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 SC may carry out under this Agreement.

5. Any dispute, controversy or claim, arising out of or relating to the T&C, its breach, termination or validity shall be finally settled in the respective court of the country of SC business address subject to the rules of jurisdiction unless mandatory provisions of law specify otherwise.

6. 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. SC 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 SC and the Client. SC will put all its efforts into ensuring the implementation of all the provisions hereof.

7. In case of discrepancies between the English version of T&C and any other language, the English text shall prevail.

Annex No 1 – Price List

1. The Price List is published at secretclaims.com/en/pricing

Updated – 2018-07-09

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