These Terms and Conditions (the "Terms") together with Our Fees constitute the legally binding agreement between a customer ("Customer" or "you") and FlyClaim with regard to the provision of our Services. By accepting these Terms, you agree to be bound by them, any additional terms applicable to our Services you have selected, and the FlyClaim Privacy Statement.

We recommend that you do not engage with FlyClaim for any of our Services until you have read and understood these Terms, the Privacy Statement, and Our Fees. If you have any questions, doubts, or concerns, please contact us at support@flyclaim.eu or check out our FAQs.

Please note: should your Claim relate to a flight with a final destination or origin in Brazil, your use of our Services may be governed by the Brazilian T&Cs.

1. USE AND NATURE OF OUR SERVICES

Use of our Services

By accepting these Terms and using our Services you affirm you are:

a natural person over the age of legal majority in your country of residence who can enter into legally binding agreements under applicable law.
authorized to enter into these Terms and any Service specific terms on your own behalf, and, where applicable, on behalf of other passengers.

Nature of our Services

FlyClaim provides services to help passengers manage the impact of travel disruption. These services may change from time to time and include, but are not limited to, facilitating the processing of Claims on behalf of passengers before Airlines, enforcing air passengers' rights (including, but not limited to, claiming compensation) arising from delayed or canceled flights, and/or other related issues.

FlyClaim is not a law firm; and is not acting as a lawyer on your behalf or providing you directly with legal services. Nevertheless, during the provision of our Services and in accordance with the Terms and Forms, FlyClaim may engage with contract Lawyers or contract attorneys for the purpose of providing our Services.

If you have purchased an insurance product through FlyClaim, FlyClaim operates as a registered insurance agent in accordance with applicable regulations. FlyClaim does not act as a risk bearer itself, but only assumes a function as an intermediary.

2. DEFINITIONS

In these Terms, the following defined terms shall have the meanings stated below:

"FC Signature" means a signature provided by you on a screen, electronically via the online FlyClaim signing tool, and considered the equivalent of a handwritten signature. In the event you are unable to provide a signature online, a handwritten or scanned signature may be provided.

"FlyClaim" means FlyClaim's primary operational entity, a company based in the European Union.

"FlyClaim Group Company" means any entity that is, directly or indirectly, controlled by FlyClaim or which controls FlyClaim, whether through the ownership of share capital and/or voting securities, by contract, or otherwise.

"FlyClaim Third Party" means a person or entity under contract with FlyClaim to assist in the provision of our Services either directly or indirectly to the Customer.

"Airline" means the commercial airline that operated the flight for which our Services may be provided.

"Air Passenger Rights Regulations" means any law, regulation, directive, international convention, or similar, whether issued on a state, federal, European Union, national, international, or regional level, and case law, upon which a consumer may claim monetary compensation, damages, or refunds in the event of overbooked, delayed, canceled, or otherwise disrupted flights or luggage-related issues. These may include, without limitation, general consumer protection laws, "EC 261": Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated 11 February 2004; "UK 261": The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019; Turkish "SHY" passenger regulation, Canadian Transportation Act: Air Passenger Protection Regulations, and "MC 99": The Montreal Convention 1999.

"Assignment Agreement" means the document, in electronic or other format, requested by FlyClaim on a case-by-case basis, whereby you and FlyClaim agree that FlyClaim shall become the owner of the Claim, subject to the terms of the Assignment Agreement, in order to collect and receive payments.

"Authority Document" means the document which authorizes FlyClaim and/or a FlyClaim Group Company or FlyClaim Third Party to act on your behalf with regard to your Claim. The document may be in many shapes and forms, due to various jurisdictional requirements, including, but not limited to, a power of attorney or certificate of authorization.

"Claim" refers to a request for monetary compensation, damages, or refunds from an Airline or another responsible party, made under relevant laws, regulations, or as a result of the party's goodwill.

"Compensation Service" means the service whereby FlyClaim, either by itself or together with its Group Companies and FlyClaim Third Parties, pursues a Claim on your behalf. This may include Legal Action.

"Customer" means you; the person who has accepted these Terms. The Customer may also be referred to as "Client", or "Assignor" on some documents.

"Discretion" means that FlyClaim has the right to make decisions with regards to the Claim. Our decisions are based on data, and are described further in section 4: How FlyClaim makes decisions with regards to the Claim.

"Eligible Claim" means a Claim that FlyClaim has assessed, at its sole discretion, and determined to be suitable for the provision of the Compensation Service.

"Eligibility Service" means the service provided by FlyClaim to determine whether a Claim is an Eligible Claim.

"Flight Compensation" means the total amount of money, or other receivables (where accepted by FlyClaim in its Discretion), paid by an Airline in relation to a Claim as compensation, refund, damages, settlement, a gesture of goodwill, or otherwise, to you or FlyClaim as a result of the Compensation Services. For the avoidance of doubt, Flight Compensation does not include any payments or reimbursements of Legal Expenses, collection cost, interest, or similar, which have been pre-financed by FlyClaim or result from FlyClaim's intervention.

"Fellow Passenger" means any passenger who the Customer has included in the Form for receipt of Flight Compensation, such as a family member or passenger that traveled together with the Customer on the Airline.

"Form" means the Assignment Form, Authority Document, power of attorney, or other documents which enable the FlyClaim Group and FlyClaim Third Parties to provide the Customer with our Services. FlyClaim will determine which Form is the most appropriate on a Claim by Claim basis.

"Goodwill Claim" is where FlyClaim makes a request to the Airline, in absence of developed Air Passenger Rights Regulations, for Flight Compensation. The Flight Compensation for Goodwill Claims may be monetary or in kind, such as a flight voucher, fidelity points, or air miles.

"Information Service" means FlyClaim's provision of flight information, airline information, airport information, other travel-related information, and information about air passenger rights under applicable Air Passenger Rights Regulations. The information may be either specific to the Customer's flight or non-flight-specific general information. The information will be delivered through electronic communication, including email, a personalized dashboard, or FlyClaim controlled websites.

"Lawyer" means any attorney at law and/or law firm that FlyClaim has contracted with for Legal Action or other legal services with regard to a Claim.

"Legal Action" means the preparation and filing of a Claim for judicial action, either by filing the Claim in court or before a government body, such as a national enforcement body (NEB), or handing over a Claim to a Lawyer, for presenting the Claim directly to the Airline or for judicial action, or moving the Claim from one jurisdiction to another.

"Legal Action Fee" means the fee listed in Our Fees that FlyClaim charges you when you receive Flight Compensation for the provision of the Compensation Service that included Legal Action. The Legal Action Fee is paid in addition to the Service Fee.

"Legal Expenses" means all fees incurred by, paid by, or awarded to you or the FlyClaim Group in furtherance of a Legal Action, including, but not limited to, attorneys fees, application fees, court and clerk costs, translation costs, bailiff's costs, extrajudicial collection, or any other related fees and expenses.

"Our Fees" means the fees and charges listed here specifying accepted currencies, methods of payment which are payable by you to FlyClaim. In addition to Our Fees, FlyClaim may be entitled to Legal Expenses from the Airline as described in these Terms.

"Reassignment Form" means the document that you and FlyClaim sign assigning the rights of your Claim back to you, or authorizing your Claim back to you.

"Service Fee" means the fee listed in Our Fees that FlyClaim charges you when you receive Flight Compensation following the provision of the Compensation Service.

"Services" means any of our services, including, without limitation, the Eligibility Service, Compensation Service, Information Service provided by FlyClaim or a FlyClaim Third Party to you in accordance with these Terms and any additional terms specific to the Services selected by you.

"Withdrawal" means the process set forth in the Withdrawal and Termination section by which the Customer withdraws from either the Compensation Service or whereby FlyClaim withdraws from the Compensation Service.

"VAT" means any system of value added tax.

3. THE ELIGIBILITY AND INFORMATION SERVICES

Getting Started

After you have accepted these Terms, FlyClaim will provide you the Eligibility Service and Information Service to determine whether FlyClaim believes, in its sole Discretion, you have an Eligible Claim.

If FlyClaim makes this determination, FlyClaim will provide you with the Form. The purpose of the Form is either to transfer the ownership of the Claim to FlyClaim so that we may act in our own name, or to permit FlyClaim to act on your behalf, so that we may engage either directly or indirectly with lawyers, the Airline or its representatives, and/or courts in order to obtain Flight Compensation.

Provision of the Information Service or Eligibility Service by FlyClaim shall not constitute a binding offer to provide you with any other Services, including, without limitation, the Compensation Service.

4. COMPENSATION SERVICE

Submitting the Form

Prior to commencing the Compensation Service, you will be required to:

authorize your FC Signature on the Form which will specify that you:

agree to receive the Compensation Service.
acknowledge that FlyClaim will only claim Flight Compensation that is monetary, and that it is in FlyClaim's sole Discretion to accept travel vouchers and/or other services as Flight Compensation and that Airline offers for non-monetary compensation may be treated by FlyClaim as an Airline's refusal of Flight Compensation.
affirm that you are not pursuing the Claim by any other means either directly or through any other third parties and no legal dispute is directly or indirectly pending or expected between you and the Airline on the same matter.

If you have any existing engagement or assignments with regard to your Claim, you must cancel these immediately.

If you have not done these steps, you will not receive the Compensation Service.

Upon receipt and review of the Form, FlyClaim will confirm to you in writing, either by email or other written form, that FlyClaim will commence the Compensation Service. FlyClaim may decide, in its sole Discretion, whether to proceed with or reject the provision of the Compensation Service, or may request further information or documentation prior to commencement of the Compensation Service.

After submitting the Form,

you may not assign the Claim to any other party as the legal title to the Claim has been assigned to FlyClaim.
you may not mandate or authorize another third party to act on your behalf concerning the same Claim.

If you receive any direct payments or any other compensation from the Airline after entering into the compensation agreement, you must advise FlyClaim immediately. Such payments shall be considered Flight Compensation and entitle FlyClaim to the Service Fee, and Legal Action Fee if Legal Action was taken by FlyClaim prior to you having received payment from the Airline.

After submitting the Form, you must cease negotiations with the Airline and direct any communication you have with the Airline regarding your Claim to FlyClaim.

Reassignment

The claim may be reassigned back to you either at your request or by FlyClaim's initiative. In each case, this will be done in writing by you and FlyClaim signing a Reassignment Form. In the event that you have signed an Authority Document, you may Withdraw the authority given in the Authority Document by giving written notice to FlyClaim.

Customer Representative

If you are acting as the representative or on behalf of a passenger or passengers, then you shall first obtain a power of attorney to act on their behalf and produce evidence of such upon request by FlyClaim. For minor passengers, you shall provide their complete data, including: name, birthdate of the minor, the names and signatures of the custodians or legal guardians.

Commencing the Compensation Services

Where FlyClaim has notified you in writing as stated above, FlyClaim will provide the Compensation Service with the intention of obtaining Flight Compensation on your behalf.

You will provide FlyClaim with all data or information that is required for the execution of the Compensation Service. You warrant that the data and information you provide is correct, complete, and true, and, where applicable, with the consent of Fellow Passengers. Flight data and information may be submitted to FlyClaim via the website, email, other electronic or software solutions supported by FlyClaim, or phone.

FlyClaim may request that you provide additional information such as:

passenger name, surname, email address, phone number, type of disruption (delay, canceled flight, or denied boarding/overbooking), reason for delay (if possible), length of delay, name of the Airline, flight number, date of the flight, place of departure and arrival, and description of incident.
an additional Form which may be sent to FlyClaim via the web form or any other electronic solutions supported by FlyClaim, or using email, or postal service.

You acknowledge that failure to provide FlyClaim with any such information will negatively impact FlyClaim's ability to provide the Compensation Service.

Flight Compensation and Legal Action

On receiving your Form, FlyClaim will prepare a request for payment and send it to the Airline and handle all further correspondence. For this part of the Compensation Service, if Flight Compensation is paid, you will be required to pay FlyClaim the Service Fee.

If the Airline fails to pay Flight Compensation within a reasonable period after being notified by FlyClaim, or should FlyClaim, in its sole Discretion, assess that the Airline is unlikely to respond to a request for payment, FlyClaim may initiate Legal Action.

In the event that Legal Action is initiated and Flight Compensation is paid, you will be required to pay FlyClaim the Legal Action Fee in addition to the Service Fee.

In the event that a Lawyer is used for Legal Action, you expressly consent to FlyClaim providing the Lawyer access to all the data communicated to FlyClaim in order for the Lawyer to take Legal Action.

Where a separate Form or other additional documents are required to undertake Legal Action, you undertake to provide such additional documents. In cases where you have signed an Assignment Agreement, and later sign an Authority Document (or similar), you accept that the Authority Document assigns the Claim back to you.

If FlyClaim or the Lawyer commences Legal Action to pursue a Claim, FlyClaim will cover any Legal Expenses incurred during the Legal Action, even if the Legal Action is lost. In the event that the lawsuit is won or a settlement has been reached between the Airline and FlyClaim, FlyClaim may cover any costs incurred that are not covered by the Airline. When applicable, if a lawsuit is won, a claim for reimbursement of Legal Expenses will be put forward. The same applies to Legal Expenses regardless of whether the legal proceedings are performed by FlyClaim or a Lawyer. For the avoidance of doubt, all reimbursements, including Legal Expenses and interest, shall belong to FlyClaim.

You agree and acknowledge that the final outcome of Legal Action and obtaining Flight Compensation may take years.

Settlements

FlyClaim, in its sole Discretion, may offer to or accept from the Airline individual or collective Claim settlements for Flight Compensation.

You acknowledge that the decision to accept a settlement from the Airline for Flight Compensation rests solely with FlyClaim, since you have assigned the Claim to FlyClaim. In case FlyClaim acts on your behalf in accordance with an Authority Document, you authorize FlyClaim to accept or reject settlement offers based on FlyClaim's Discretion, without the need for your additional consent.

FlyClaim may pursue the assigned Claim in its own name, with or without the help of a Lawyer. Where appropriate and/or legally necessary, FlyClaim may reassign the Claim to you and you agree to authorize again FlyClaim with an Authority Document to deliver the Compensation Service and collect and/or receive payments.

You are responsible for providing the correct data to proceed with the Compensation Service. FlyClaim shall not be held liable for any incorrect communications, documents, incorrect data/information, and fraudulent conduct shared by you. In the event that you provided deliberately incorrect information or data, in addition to any other recourse FlyClaim may have under these Terms, you will, upon request by FlyClaim, reimburse FlyClaim for the Legal Expenses.

Goodwill Claims

In jurisdictions where the Air Passenger Rights Regulations may be less developed and obtaining Flight Compensation less likely, upon your decision to proceed, FlyClaim may attempt to obtain Flight Compensation through a Goodwill Claim.

How FlyClaim makes decisions with regards to the Claim

FlyClaim uses its Discretion in making decisions regarding whether to pursue the Claim during the Eligibility Service or at any time during the Compensation Service, including whether to pursue the Claim with Legal Action, to make or accept a settlement offer from the Airline, to withdraw the Claim, or to pursue a Goodwill Claim.

FlyClaim's Discretion is based on a number of factors including, without limitation, the applicable Air Passenger Rights Regulations, the jurisdictions and court systems in which we may pursue the Claim, Legal Expenses and the likelihood that FlyClaim may obtain or be obliged to pay Legal Expenses, the Airline's historic behavior with similar Claims, the average length of time it may take to obtain Flight Compensation or a favorable ruling through Legal Action, the quality of the information that you have provided FlyClaim with regards to the Claim, any factual information that may make obtaining Flight Compensation difficult, advice from Lawyers, and FlyClaim's experience with similar Claims.

5. FEES AND PAYMENTS

Our Fees

Our Fees is the price list that details all the fees, charges, and prices that FlyClaim receives in consideration for providing you with our Products and Services.

FlyClaim provides you with the Eligibility Service and Information Service free of charge.

FlyClaim provides Compensation Service free of charge except where FlyClaim is successful in obtaining Flight Compensation for you.

If FlyClaim is successful, FlyClaim will transfer the Flight Compensation to you, subject to Our Fees.

If you have provided FlyClaim with incorrect or incomplete payment information and the amounts we have paid to you for Flight Compensation have been returned to FlyClaim, FlyClaim will make reasonable efforts to contact you, including email reminders and other means of communication provided by you to FlyClaim. If you do not respond to provide correct payment information, FlyClaim shall be entitled to keep the part of the Flight Compensation that otherwise should have been transferred to the Customer.

In the event that the Flight Compensation and/or Legal Expenses, interest, or similar are transferred directly from the Airline to you, you will:

as soon as reasonably practicable, inform FlyClaim of the payment.
be invoiced and liable to pay Our Fees, Legal Expenses, interest, or similar, if any, to FlyClaim without unreasonable delay.

When FlyClaim has paid the Flight Compensation in accordance with the instruction and method selected by the Customer, FlyClaim shall not be liable for any effect of the Customer giving wrong bank account information, wrong address, or similar, including, but not limited to, the Flight Compensation being paid to the wrong receiver. If Flight Compensation has been paid to a wrong receiver at the fault of the Customer, FlyClaim shall not be obligated to actively reclaim it.

You shall not be entitled to claim any interest on the Flight Compensation during the time period between when FlyClaim receives it and when it is transferred to you. FlyClaim reserves the right to retain any interest that it has recovered from the Airline, including interest recovered following Legal Action.

FlyClaim shall not be liable for any amount of compensation, damages, or similar, if we are prevented from transferring the payment to you by an event beyond FlyClaim's control, including, but not limited to, strike, lock-out, labor dispute, force majeure, natural disasters, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, and storm.

The Service Fee and the Legal Action Fee apply to any kind of settlement whenever FlyClaim is able to obtain Flight Compensation whether obtained through court decision, settlement with the Airline, or where FlyClaim has settled the Claim with the Airline jointly with other Claims.

6. WITHDRAWAL AND TERMINATION

Your Right of Withdrawal of Compensation Service

If you qualify as a consumer under the European Union (EU), the European Economic Area (EEA), and the UK consumer regulations, meaning that you are an individual who engages in a legal transaction for a purpose other than your commercial or independent vocational activity, then you possess a legal right of Withdrawal.

You have the right to withdraw from the Compensation Service within 14 days from the commencement of the Compensation Service for free and without the need to specify any reasons. To exercise your right to Withdrawal, the Withdrawal must be communicated (e.g., by letter, email, or contact form) within the 14-day period mentioned above, and it must clearly state your wish to withdraw from the Compensation Service.

Due to the nature of the service provided, you agree that you cannot withdraw from any Service where, by the nature of the Service, FlyClaim has already completed the provision of the Service by the time of the withdrawal request.

The Withdrawal shall be sent to:

FlyClaim

Email: support@flyclaim.eu

Phone: +37360075594

To request your Withdrawal you may copy and paste the sample text below, adding your details. (You are not obliged to use exactly this text.)

Sample cancellation form

I hereby terminate the agreement concluded by me:

FlyClaim Claim number:

Date claim was filed:

Name of customer:

Address of the customer:

Signature of customer:

Date:

Following the 14-day Withdrawal period, you may Withdraw your acceptance of the Compensation Service subject to the Terms.

Withdrawal of Compensation Service by FlyClaim

FlyClaim has the right to withdraw from the Compensation Service in the event of identifying obstacles beyond the control of FlyClaim that prevent FlyClaim from obtaining Compensation for you. These may include, but are not limited to, Airline insolvency, court closure, lockdown measures, low Flight Compensation value etc. In these cases, FlyClaim shall notify you of the obstacles and close your Claim. No fee will apply.

Termination of the Compensation Service

The Compensation Service will terminate when the Claim has been settled with the Airline, you have received the Flight Compensation, and all amounts payable by you to FlyClaim, if any, have been paid.

Termination for breach

The Services can be terminated immediately by FlyClaim where:

you have breached your obligations under the Terms or any other applicable rules or regulations,
you have provided incorrect information, engaged in fraud, or engaged in activities that FlyClaim may reasonably suspect to be misleading or fraudulent, in which case you will not be entitled to the Flight Compensation or any other payments.

FlyClaim reserves the right to claim its losses when terminating as a result of your breach.

Consequence of Termination and Withdrawal

Upon termination of the Compensation Services for any reason, you shall immediately pay any fees payable to FlyClaim under the Terms, including without limitation in the case of Customer Withdrawal after the Airline confirms the payment of Flight Compensation.

FlyClaim will reassign your Claim to you upon Withdrawal or termination.

In the event that you Withdraw from the Compensation Service or FlyClaim terminates due to your breach of the Terms, FlyClaim shall be entitled to obtain the following from you:

FlyClaim's Legal Expenses, if FlyClaim has commenced a Legal Action; or,
An amount equal to the Legal Expenses, if, following the Withdrawal, FlyClaim is requested by a Judicial Authority to pay the Legal Expenses due to the Airline; or,
FlyClaim's Service Fee, and, where there was Legal Action, the Legal Action Fee, where you subsequently obtained Flight Compensation directly from the Airline.

7. DATA PROTECTION

All personal data collected during the provision of our Services, or connected to the provision of our Services, will be subject to the FlyClaim Privacy Statement.

8. GENERAL PROVISIONS

Third Parties Services

Our Services may contain links to third-party providers' websites or interfaces to book services via third parties. Such websites/services are controlled by independent parties under which FlyClaim has no control. Although our Services may provide information about or access to third-party suppliers and facilitate use of these third-party providers, such Services do not constitute any sponsorship, affiliation, or endorsement of these third-party providers.

You hereby acknowledge and agree that FlyClaim will not be a party to any agreement entered with any such third party and will not be responsible for any errors or omissions in such third parties' services or for any direct or indirect claim, breach, loss or damage caused or allegedly caused by or in connection with the access or use of such third parties' services.

Disclaimer of Warranties and Limitation of Liability

FlyClaim has many sources of information and data that make up the information and services available under these Terms. Although FlyClaim tries to provide accurate information, our Services may be subject to omissions and errors. Our Services are provided 'as is'.

FlyClaim makes no representations or warranties that our Services will result in Flight Compensation, meet your requirements or be secure, free of viruses or other harmful components, timely, uninterrupted, accurate, complete, or reliable. You acknowledge and agree that your use of our Services is at your own risk.

Our website may contain information from other sources. This information will be marked as such. FlyClaim does not guarantee the accuracy of this data.

Versions and Modifications

FlyClaim reserves the right to amend sections of these Terms at any time without further notice. The latest version will always be available on the FlyClaim website.

FlyClaim regularly updates the features of our Services and these Terms to improve how we deliver our Services to you. As a result, any new features of our Services will be subject to the latest version of the Terms displayed on the FlyClaim website.

Nonetheless, your use of the Services will be governed by the version of the Terms in place on the date in which you accepted them. If you are unsure of which version of the Terms applies to you, please contact FlyClaim at support@flyclaim.eu and we'll provide them to you.

Alternatives to the Compensation Services

If you wish to pursue your Claim through other alternatives than FlyClaim's Compensation Services, the following are other options for enforcing the Claim: your own extrajudicial or judicial action against the airline, support from a lawyer, an enquiry directly with the respective Airline. In Germany, you can use the offer of the conciliation body for public passenger transport (Schlichtungsstelle Reise & Verkehr e.V.), the online form of the German Federal Aviation Authority, and the Air Transport Arbitration Body at the German Federal Office of Justice.

Governing Law and Jurisdiction

These Terms, Forms, and the agreement between FlyClaim and you, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by the laws of the European Union, without regard to conflict of laws principle. This shall not affect mandatory provisions of the legal system that would apply without this choice of law clause, e.g. the mandatory provisions of the customer's country of residence.

You may not transfer any of your rights or obligations under these Terms without our prior written consent. FlyClaim may transfer any of its rights or obligations under these Terms to any FlyClaim Group Companies or any third party designated by FlyClaim.

If any provision (or part thereof) of these Terms is held by any court, or other competent authority to be void or unenforceable in whole or part, such void provision shall be deemed to be replaced by an enforceable provision with the closest effect possible to the original provision and these Terms shall continue to be valid with respect to the other provisions and the remainder of the affected provisions.

Any failure or delay by FlyClaim in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of our rights or remedies.

The English version of these Terms shall prevail in case of inconsistency to any other language version.

Terms And Conditions