1.2. "SC": Zenyth Ltd Unit 65968, PO Box 6945, London, W1A 6US.
1.4. "Claim": any claim against an airline for monetary compensation pursuant to the right of compensation according to European Regulation 261/2004.
1.6. "Compensation": total amount of money to be paid by an airline pursuant to a court order or decision by another empowered authority or offered as payment by an airline, arising from any actions made by SC in relation to a claim. For the avoidance of doubt, Flight Compensation do not include any payments or reimbursements of attorney's fees, cost of legal advice, court fees, collection cost, interest or similar, which payments shall belong solely to SC.
1.7. "Regulation 261/2004": European Regulation 261/2004 of the European Parliament and the Council from 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights.
1.8. "Compensation calculator": page of the website www.secretclaims.com where every Client can calculate the probability and the possible amount of compensation. The amount of the compensation showing on the end page of the form is not legally binding and does not represent an offer for a contract.
1.9. SC commission: a commission deducted from the amount of compensation paid by the airline.
2.2 By entering into an Agreement with SC, the Client warrants to have authorization and legal capacity to enter into the Agreement on own behalf and, where applicable, on behalf of fellow passengers. By signing the Power of Attorney or an Assignment Form, the Client warrants to have authorization and legal capacity to sign on own behalf and, where applicable, on behalf of minor fellow passengers.
2.3 If the Client receives any direct payments or any other compensation from the airline concerned after entering into the Agreement, the Client shall be obliged to advise SC without delay. Such payments shall be considered Flight Compensation and entitle SC to its remuneration.
3.2. The Client warrants that the Claim has not been assigned to a third party and that no legal dispute is pending or is expected between the Client and the airline in the same matter. After signing the Power of Attorney, the Client agrees not to appoint other parties to pursue the Claim, nor assign it to anyone other than SC. Any existing engagements or assignments, if any, must be cancelled before signing the Power of Attorney.
3.3. The Agreement terminates when:
3.3.1. the Compensation has been paid in full to SC by the airline and the agreed part of the Compensation has been transferred to the Client after the deduction of all applicable fees,
3.3.2. the Compensation has been paid in full to the Client by the airline and the Client has paid the SC Commission to SC, or
3.3.3. SC has established that the Claim should not be pursued after conducting an in-depth review of the case and has advised the Client that such Claim will not be pursued.
3.4. The Client acknowledges that it is the sole decision of SC to accept any settlement offer by the Airline.
3.5. The Client shall be liable for the accuracy of the information provided in the case of claims submitted on behalf of third party.
3.6. SC liability is excluded if the Client has provided false, inaccurate or incomplete information, especially if the third party's information was provided without the consent of the third party.
3.7. The Client is responsible for consequences due to inaccurate, false, incomplete or misleading information.
3.8. SC reserves the right to suspend the Service in whole or in part.
4.1. SC takes care of the successful enforcement of a compensation for air passengers on basis of European Regulation 261/2004.
4.2. In order to secure the compensation from the airline, SC will use information from flight databases and try to reach an agreement with the airline outside the courtroom. Should the efforts of SC to grant the compensation for the Client remain unsuccessful, SC may recommend to the Client hiring a contract lawyer who could recover the compensation.
4.3. The amount of the compensation calculated in the online calculator on SC is not a legally binding offer for a contract. The price of the services of SC is deducted from the amount of the compensation paid by the airline in the case of a successful enforcement of the claim.
4.4. To pursue the Claim successfully, SC needs the Client's signed Power of Attorney which is also an Assignment of claims, which the Client can send to SC via the web form.
4.5. In cases of incorrect information and fraudulent conduct, such as placing an invalid or forged signature, SC reserves the right to terminate the Agreement effective immediately and without prior notice. If the Agreement is terminated in accordance with this paragraph, the Client will not have any right to compensation of any kind.
5. Payment and commission
5.1. SC only receives commission if the claim is successfully enforced. In the case of no compensation for the Client, the Client is not bound to pay for the efforts and services of SC.
5.3. In the case of a court procedure which decides that the Client should only receive part of the compensation SC deducts its commission alone from this amount and not from the full amount which was claimed in front of the court.
5.4. SC is obliged to transfer remaining part of the compensation received from the Airlines within 14 business days to the Client from the date of receipt of the bank account information from the Client.
5.5. The Client is obliged to share bank details with SC so that a transaction may be executed. All payments will be sent in EUR or in currency the payment was received by SC. SC is allowed to deduct transaction cost from the received compensation in addition to success based commission.
5.6. Should the Compensation be received in full by the Client, the Client is obliged to transfer the SC Commission without delay. If the Client receives any direct payments or any other compensation from the airline after entering into the Agreement, the Client shall be obliged to advise SC without delay.
5.7. If the Client submitted claims on behalf of individuals other than the Client, than SC will assume that the Client has irrevocable permission from the individuals to receive compensation payments on their behalf.
5.8. SC is entitled to keep full amount of compensation received from the airline if the Client is unreachable via provided email or if the Client does not respond or if the Client fails to provide details for transfer. Unclaimed compensation becomes property of SC after 90 days from payment date by the airline.
5.9. SC is not liable for errors due to wrong bank account provided by the Client. SC will not be liable for any actions due to such errors.
5.10. If Airline reimburses the claim under the Contract with additional expenses, the total amount of additional expenses shall be property of SC.
6. Rights and obligations of the Client
6.1. The Client has the right to visit the pages on the website of SC and to make offers for entering an agreement with SC.
6.2. The Client has the right to receive information about the status of own case via user profile on the website.
6.3. The Client bears full responsibility for protecting own username and password from third persons. The Client has the responsibility to immediately inform SC if a breach of privacy on the website comes to attention so that SC may take all necessary measures to secure the account.
6.4. The Client is obliged to help the enforcement of the claim with actions such as providing own flight information, tickets, reservation information to SC. The Client is obliged to forward every relevant piece of information which can influence own claim. The Client is obliged to inform SC immediately if the airline tries to contacts directly or sends a voucher as form of compensation.
6.5. After entering into agreement with SC the Client is obliged refrain from use of any other companies or agents who offer the same services as SC. The Client is obliged avoiding any further individual action against the airline. If the Client wishes to undertake such action, it can only take place after consultation with SC.
7. Rights and obligations of SC
7.1. SC has the right to refuse to enter into an agreement with a Client who directed an application to SC.
7.3. SC reserves the right to restrict the access to the website for users, as well as to modify or terminate some of its services.
8. Consumer's right of revocation and cancellation policy
8.1. Every Client who has entered into an agreement with SC has the right of revocation of the services without the need to specify any reason within 14 days after the agreement has been concluded, provided the agreement has not been fully or partially performed. The withdrawal can be sent to SC in any written form (letter, email) and does not need to be formal.
8.2. The Client has no right to terminate the agreement if the agreement has been fully or partially performed.
8.3. In the event that a Client wishes to terminate SC agreement beyond the 14 day cancellation period, a 150 EUR / person (incl. VAT) administration fee will be charged.
9. Final provisions
9.2. Should any provision of these Terms be or become void, illegal or unenforceable, this shall not affect the validity of the remaining provisions in any way whatsoever.
9.3. Rights and obligations fully or partially related to any submitted Claim may be transferred without restrictions by SC to any entity and to third parties.
9.4. The English version of these Terms shall prevail in case of inconsistency to any other language version.
9.5. The rules for handling personal data are defined in the Privacy statement.
Last change: 01.12.2018