1. The terms defined below shall have the following meaning in these terms and conditions;
2. We assert your claim for Flight Compensation from the operating airline in accordance with EU regulation 261/2004 or any other Air Passenger Rights Regulation applicable to your travel(s).
3. By entering into an agreement with us, you warrant that you are authorized and have the legal capacity to enter into the agreement.
4. You also warrant that the claim has not been assigned to third parties and no legal dispute is pending or expected between you and the airline in the same matter.
5. You shall provide us with all data or information that is required for the execution of this agreement, on request by us. You warrant that the data and information provided is correct, complete and true. In case of incorrect data/information and fraudulent conduct, we reserve the right to terminate the agreement with immediate effect. You will not have any right to compensation of any kind if the agreement is terminated according to this paragraph.
6. We will only use the personal data provided by you for the purpose pursuing the claim in accordance with the agreement and with respect to all applicable privacy and data protection laws. We will only transfer the personal data to third parties if it is for a purpose directly related to the original purpose for which the personal data was collected or is required for the establishment or protection of legal claims or in defense of court actions; also is required due to a legal obligation, administrative or court order.
7. Required information may be submitted to us via website, email, other electronic/software solutions supported by Click2Refund or phone. After receipt of a claim, we perform a research to check the flight information and verify the flight data. If the claim is proved to be sufficiently promising through this evaluation process, we inform you that their Claim(s) has been accepted and ask you to sign the Certificate of Authority. Certificate of Authority can be sent to us via DocuSign, web form, using email or postal service.
8. After signing the Certificate of Authority and accepting these terms and conditions, you cannot engage any other party to pursue the claim or assign the claim to any other party. Any existing engagements or assignments, if any, must be canceled before signing the Certificate of Authority.
9. You shall be obliged to refrain from negotiations with the airline(s) concerned and direct/forward any contact (email, phone call, etc.) made by the airline(s) to us, after signing the Certificate of Authority.
10. After receiving Client’s signed Certificate of Authority we prepare a request for payment and send it to the operating airline(s) and handle all further correspondence.
11. If the operating airline fails to pay flight compensation within a reasonable period and provided the claim being sufficiently promising, we may initiate legal action to pursue the claim.
12. In the event that a contracted lawyer is used for legal action, you shall allow us to grant the contracted lawyer access to all of the data communicated to us and allow the legal representative to transfer information concerning the proceedings to us. Whereas the relevant court requires other additional documents, you shall undertake to sign such documents. In specific cases involving extended court proceedings, we reserve the right to deduct legal fees from any compensation awarded as part of our agreements with legal partners.
13. If we or the contracted lawyer institute legal proceedings to pursue a claim, we will cover any costs incurred in the event the lawsuit is lost.
14. In the case of a (in-court or out-of-court) settlement or the lawsuit is won, the lawyer’s fees and (if exists) the court costs shall be deducted from the compensation amount unless they are assumed by the airlines (as it happens in almost all of the cases).
15. We will take 28% of the compensation as a Service Fee (plus applicable taxes), as default, when the compensation is won. In addition, there may be variability in pricing depending on special agreements made with our business partners.
16. The conclusion of any settlement agreement requires your consent. On the other hand, as a matter of precaution, you also grant us and the contract lawyer the authority to conclude settlement agreements. In this case, settlements concluded in the context of this authorization do not require any further consent. We shall also be entitled to reject the settlement without consulting Client if the airline offers less than 80% of the compensation amount or offers vouchers instead of cash.
17. You shall be obliged to advise us without delay if you receive direct payments or any other compensation from the airline(s) after the agreement is signed. This kind of payments shall be considered compensation. Such payments entitle Click2Refund to its Service Fee and Legal Action Fee, if Legal Action was taken by Click2Refund prior to the Client receiving payment from the airline concerned. In case of default upon our invoicing We are entitled to charge a reminder fee of 10.00 USD flat. The costs of the transfer are borne by you.
18. When we have paid the agreed compensation pursuant to the instruction of and method selection by you, we shall not be liable for: checks, prepaid debit cards, credit cards and similar lost in transit to you; or any effect of you giving wrong bank account information, wrong address or similar.
19. No interest may be claimed for the period between the incoming and outgoing payments. We reserve the right to retain any interest that has been recovered from the airline.
20. No invoices related to the services delivered and fees charged will be provided as default, but an electronic invoice can be requested and sent by email.
21. Payments are initiated via cash remittance. You can choose between bank or PayPal transfer. Transfer fees to be deducted from the sum that is awarded to You by the airline.
22. Airlines may issue payments in different currencies depending on the office that follows your claim. You may also request payments to be made in different currencies than received funds depending on your personal bank account. We use a reference currency rate from our local bank for all of our transactions that need a conversion regardless of the payment method or intermediary selected.
23. You can withdraw your acceptance of the agreement without specifying any reasons. To exercise your withdrawal right, the withdrawal (that clearly states that you wish to withdraw from the Agreement) must be sent to the email address below within 14 days from the conclusion of the agreement. Due to the nature of the service provided to you, you cannot withdraw from our Agreement if the airline has accepted the Claim, as we, in such event, have completed the service you requested.
The withdrawal can be sent to:
1 King Street West Suite 4800-200 Toronto, ON, M5H 1A1
24. We have the right to terminate the agreement especially; if you violate your duties and obligations specified in these terms and conditions and if we consider the claim unpromising after due assessment. You will be notified, in this case.
25. We are authorized to alter these terms and conditions and to set additional conditions at any time and without notice. However, changes with a negative effect to you will not apply to you.
26. If any provision of these terms and conditions become void, illegal or unenforceable, this shall not affect the validity of the remaining provisions in any way whatsoever.
27. The laws of Ontario Province, Canada apply to these terms and conditions, Certificate of Authority and Retainer Agreement (if signed) between the Client and the Click2Refund. The Small Claims Court, a division of the Ontario Superior Court of Justice, Canada, shall exclusively settle any dispute arising out of or in relation to these in the first instance.