The Terms and Conditions below (the "Terms"), read together with Our Fees, form the legally binding agreement between FlyClaim and a customer ("Customer" or "you") governing how we provide our Services. When you accept the Terms, you also accept that they bind you, together with any additional terms that apply to the Services you have chosen and the FlyClaim Privacy Statement.
Our advice is not to engage FlyClaim for any Service we offer before you have read the Terms, Our Fees and the Privacy Statement and understand them. Any questions, doubts or concerns can be sent to us at support@flyclaim.eu, and our FAQs may also help.
Note: if your Claim concerns a flight whose final destination or point of origin is in Brazil, the Brazilian T&Cs may govern your use of our Services.
1. USING OUR SERVICES AND WHAT THEY INVOLVE
Conditions for using our Services
When you accept the Terms and use our Services, you confirm that you are:
- a natural person who has attained legal majority in the country where you reside and has capacity under applicable law to conclude legally binding agreements.
- authorized to accept these Terms and any terms specific to a Service for yourself and, where relevant, for other passengers.
Scope of our Services
FlyClaim offers services that help passengers deal with the consequences of travel disruption. The range of these services is subject to periodic change and includes, without being limited to, facilitating the handling of Claims against Airlines on passengers’ behalf, enforcing air passenger rights (including, without limitation, claiming compensation) that result from flight delays or cancellations, and/or other connected matters.
FlyClaim does not operate as a law firm, does not act as your lawyer and does not directly provide legal services to you. That said, in providing our Services and as the Terms and Forms provide, FlyClaim may work with contracted Lawyers or contract attorneys in order to deliver our Services.
Where you have bought an insurance product via FlyClaim, FlyClaim acts as a registered insurance agent under the applicable regulations. FlyClaim is not itself the risk bearer and acts solely as an intermediary.
2. DEFINED TERMS
Throughout the Terms, the defined terms below carry the following meanings:
3. ELIGIBILITY SERVICE AND INFORMATION SERVICE
First Steps
Once you accept these Terms, FlyClaim will supply the Eligibility Service and the Information Service so that it can assess, at its sole Discretion, whether you hold an Eligible Claim.
Where FlyClaim reaches that conclusion, it will send you the Form. The Form does one of two things: it either transfers the Claim’s ownership to FlyClaim, so that we can proceed in our own name, or it authorizes FlyClaim to represent you. Either way, it allows us to deal, directly or indirectly, with courts, lawyers, and/or the Airline or anyone representing it, with a view to obtaining Flight Compensation.
When FlyClaim provides the Information Service or the Eligibility Service, it is not thereby making a binding offer to deliver any other Services to you, including but not limited to the Compensation Service.
4. HOW THE COMPENSATION SERVICE WORKS
Sending Us the Form
Before we start the Compensation Service, you must:
authorize the Form with your FC Signature; the Form will state that you:
- consent to receiving the Compensation Service.
- accept that FlyClaim will pursue only monetary Flight Compensation; that whether vouchers for travel and/or other services are accepted as Flight Compensation is a matter for FlyClaim’s sole Discretion; and that FlyClaim may treat any Airline offer of non-monetary compensation as the Airline refusing Flight Compensation.
- confirm that you are pursuing the Claim through no other channel, whether yourself or via any other third party, and that no legal dispute over the same matter between you and the Airline is pending or anticipated, directly or indirectly.
You must immediately cancel any engagement or assignment already in place in relation to your Claim.
The Compensation Service will not be provided to you unless these steps have been completed.
Once FlyClaim has received and reviewed the Form, it will let you know in writing (by email or in another written form) that it is starting the Compensation Service. FlyClaim may, in its sole Discretion, choose to go ahead with or decline to provide the Compensation Service, or may ask for more information or documents before the Compensation Service begins.
Once you have submitted the Form,
- you cannot assign the Claim to anyone else, because FlyClaim now holds legal title to the Claim by assignment.
- you cannot mandate or authorize any other third party to act for you in respect of the same Claim.
Should the Airline pay you directly or provide any other compensation after you have entered into the compensation agreement, FlyClaim must be informed by you immediately. Any such payment counts as Flight Compensation and gives FlyClaim the right to the Service Fee, and also to the Legal Action Fee where FlyClaim had taken Legal Action before the Airline paid you.
Once the Form is submitted, you must stop negotiating with the Airline and refer any communication with the Airline about your Claim to FlyClaim.
Reassigning the Claim
The Claim may be reassigned to you, either because you ask for this or on FlyClaim’s own initiative. In both situations, reassignment takes place in writing, with you and FlyClaim each signing a Reassignment Form. Where an Authority Document has been signed by you, you may Withdraw the authority it confers by notifying FlyClaim in writing.
Acting for Other Passengers
If you act as the representative of one or more passengers, or on their behalf, you must obtain a power of attorney allowing you to act for them before doing so and, if FlyClaim asks, show proof of it. For passengers who are minors, you must supply their full details, including the minor’s name and date of birth and the names and signatures of their custodians or legal guardians.
When the Compensation Services Begin
After FlyClaim has given you the written notice described above, it will deliver the Compensation Service with the aim of securing Flight Compensation on your behalf.
You will give FlyClaim all data or information needed to carry out the Compensation Service, and you warrant that everything you provide is accurate, complete and true and, where relevant, is given with Fellow Passengers’ consent. Flight details and information may reach FlyClaim through the website, by email, by phone, or through other electronic or software solutions that FlyClaim supports.
FlyClaim may ask you for further information, for example:
- the passenger’s first name and surname, email address and phone number; the kind of disruption (a delay, a canceled flight, or overbooking/denied boarding); why the flight was delayed (if possible) and for how long; the Airline’s name; the flight number and date; where the flight departed from and arrived; and an account of what happened.
- a further Form, which may be returned to FlyClaim through the web form, by email, by post, or through any other electronic solution FlyClaim supports.
You acknowledge that any failure on your part to supply such information will hinder FlyClaim in providing the Compensation Service.
You authorize FlyClaim to get in touch with you by email, SMS, phone or WhatsApp, or via your passenger dashboard, so as to collect missing information, complete your application, ask for documents (including boarding passes, signatures and identity documents), update you on the status of your claim, and take any step reasonably required to process, file, pursue, enforce or settle your Claim.
You also authorize FlyClaim Third Parties (including Lawyers, service providers and process agents), FlyClaim Group Companies and FlyClaim itself to store, process and transmit your Claim data and the documents supporting it, and to disclose them to Airlines, courts, national enforcement bodies, payment providers and other recipients, to the extent needed to deliver the Services. This covers drafting and sending pre-action correspondence, making filings, generating Forms, and exchanging evidence needed for the Compensation Service.
Claiming Flight Compensation and Taking Legal Action
When your Form arrives, FlyClaim will draw up a payment request, send that request to the Airline and deal with all subsequent correspondence. For this stage of the Compensation Service, you must pay FlyClaim the Service Fee if Flight Compensation is paid.
FlyClaim may start Legal Action if the Airline has not paid Flight Compensation within a reasonable time of being notified by FlyClaim, or if FlyClaim judges, in its sole Discretion, that a payment request is unlikely to receive any reply from the Airline.
Where Legal Action is started and Flight Compensation is subsequently paid, the Legal Action Fee becomes payable by you to FlyClaim on top of the Service Fee.
If a Lawyer is engaged to take Legal Action, you expressly agree that FlyClaim may grant the Lawyer access to all data that has been communicated to FlyClaim, so that the Lawyer can take Legal Action.
If Legal Action requires an additional Form or other extra documents, you undertake to supply them. If you signed an Assignment Agreement and afterwards sign an Authority Document (or something similar), you agree that the Authority Document operates to assign the Claim back to you.
Where FlyClaim or the Lawyer begins Legal Action in pursuit of a Claim, FlyClaim will bear all Legal Expenses incurred in the course of that Legal Action, even where it fails. If the lawsuit is won or the Airline and FlyClaim reach a settlement, FlyClaim may pay any costs that have been incurred and that the Airline does not cover. Where applicable, a won lawsuit will be followed by a request that the Legal Expenses be reimbursed. The same holds for Legal Expenses irrespective of whether FlyClaim or a Lawyer conducts the legal proceedings. To avoid any doubt, every reimbursement, Legal Expenses and interest included, belongs to FlyClaim.
You accept and acknowledge that it can take years to reach a final outcome in Legal Action and to obtain Flight Compensation.
Settling Claims
FlyClaim may, in its sole Discretion, propose settlements of Claims for Flight Compensation, on an individual or collective basis, to the Airline, or accept such settlements from it.
Because the Claim has been assigned by you to FlyClaim, you acknowledge that only FlyClaim decides whether the Airline’s settlement for Flight Compensation should be accepted. Where FlyClaim acts for you under an Authority Document, you authorize it, at FlyClaim’s Discretion, to accept or decline settlement offers without any additional consent from you.
FlyClaim may, in its own name, pursue the assigned Claim, with or without a Lawyer’s assistance. Where appropriate and/or legally required, FlyClaim may assign the Claim back to you, in which case you agree to authorize FlyClaim again, by means of an Authority Document, so that it can deliver the Compensation Service and receive and/or collect payments.
It is your responsibility to supply the correct data needed for the Compensation Service to proceed. FlyClaim will not be liable for any incorrect communications, incorrect documents or incorrect data/information, or for fraudulent conduct, that you share. If you deliberately supplied incorrect information or data, you will, at FlyClaim’s request, repay FlyClaim the Legal Expenses, in addition to any other remedy available to FlyClaim under these Terms.
Pursuing a Goodwill Claim
In jurisdictions where Air Passenger Rights Regulations are potentially less developed and Flight Compensation is less likely to be obtained, FlyClaim may, should you decide to proceed, attempt to secure Flight Compensation by means of a Goodwill Claim.
How FlyClaim Decides on the Claim
FlyClaim exercises its Discretion when deciding whether to pursue the Claim, both during the Eligibility Service and at any point during the Compensation Service. This includes deciding whether to pursue the Claim through Legal Action, whether to make a settlement offer to the Airline or accept one from it, whether to withdraw the Claim, or whether to pursue a Goodwill Claim.
The factors that inform FlyClaim’s Discretion include, without limitation: the Air Passenger Rights Regulations that apply; the jurisdictions and court systems where we could pursue the Claim; Legal Expenses, together with how likely it is that FlyClaim will recover Legal Expenses or have to pay them; how the Airline has historically handled similar Claims; the average time it may take to secure Flight Compensation, or a favorable judgment through Legal Action; how good the information you have given FlyClaim about the Claim is; any facts that could make it difficult to obtain Flight Compensation; advice received from Lawyers; and the experience FlyClaim has gained with comparable Claims.
5. PAYMENT TERMS AND FEES
About Our Fees
Our Fees is the schedule listing every fee, charge and price that FlyClaim receives in return for supplying our Products and Services to you.
The Eligibility Service and the Information Service are provided to you by FlyClaim at no cost.
No charge applies to the Compensation Service unless FlyClaim succeeds in securing Flight Compensation on your behalf.
Following a successful outcome, you will receive the Flight Compensation from FlyClaim, subject to Our Fees.
Should the payment details you gave FlyClaim be incorrect or incomplete, and any Flight Compensation amount we paid out to you is returned to FlyClaim, FlyClaim will use reasonable efforts to reach you, including by email reminders and by other communication channels you have given FlyClaim. Should you not reply with correct payment details, FlyClaim is entitled to retain the portion of the Flight Compensation that would otherwise have been paid out to the Customer.
Where the Customer fails to adequately provide the personal data required, Sky Services and Partners S.R.L. will hold back the entire sum the airline paid in respect of the Customer until the Customer supplies the information needed to pay out the difference, for no longer than 90 days counted from the date of the requests for that information sent by Sky Services and Partners S.R.L. via the communication channels the Customer indicated. Failure to provide the information needed for payment within that 90-day period constitutes the Customer’s tacit expression of will to renounce all sums recovered from the airline through the actions of Sky Services and Partners S.R.L., and those sums will revert in full to Sky Services and Partners S.R.L.
If the Airline pays you directly any Flight Compensation, Legal Expenses, interest or other similar amounts (or any combination of them), you will:
- notify FlyClaim of that payment as soon as reasonably practicable.
- receive an invoice and be liable to pay FlyClaim, without unreasonable delay, any applicable amounts under Our Fees, as well as Legal Expenses, interest or other similar amounts.
Once the Flight Compensation has been paid by FlyClaim in line with the instruction and payment method chosen by the Customer, FlyClaim bears no liability for any consequence of the Customer supplying incorrect bank account details, an incorrect address or similar, including, without limitation, payment of the Flight Compensation to the wrong recipient. Where Flight Compensation has gone to a wrong recipient through the Customer’s fault, FlyClaim is under no obligation to actively recover it.
No interest on the Flight Compensation may be claimed by you for the period between FlyClaim’s receipt of it and its transfer to you. In addition, FlyClaim reserves the right to keep all interest it obtains from the Airline, including interest obtained after Legal Action.
FlyClaim is not liable for any compensation, damages or similar amount where an event outside FlyClaim’s control prevents us from making the transfer to you, including, without limitation, strikes, lock-outs, labour disputes, force majeure, natural disasters, war, riots, civil commotion, acts of malicious damage, compliance with legislation or with an order, rule, regulation or direction issued by a government, accidents, machinery or plant breakdown, fire, flood and storm.
Whenever FlyClaim obtains Flight Compensation, the Service Fee as well as the Legal Action Fee applies to any form of settlement, be it a court decision, a settlement reached with the Airline, or a settlement of the Claim that FlyClaim agreed with the Airline together with other Claims.
6. ENDING THE AGREEMENT: WITHDRAWAL AND TERMINATION
Your Withdrawal Right for the Compensation Service
If you are a consumer under UK, European Union (EU) and European Economic Area (EEA) consumer regulations, that is, an individual entering into a legal transaction for purposes outside your commercial or independent professional activity, you have a statutory right of Withdrawal.
You may withdraw from the Compensation Service free of charge and without giving any reason within 14 days of the date on which the Compensation Service begins. To exercise this right, you must communicate your Withdrawal within that 14-day period (for example by letter, email or the contact form), and your communication must state clearly that you are withdrawing from the Compensation Service.
Given the nature of the service, you accept that you cannot withdraw from a Service which, by its nature, FlyClaim has already finished providing by the time you request withdrawal.
Please address your Withdrawal to:
Sky Services and Partners S.R.L. t/a FlyClaim
bd. Mircea cel Bătrân, nr. 11, bl. 4, apt. 126, MD-2044, mun. Chișinău, Republic of Moldova
E-mail: support@flyclaim.eu
Telephone: +37378810245
You can request Withdrawal by copying the model wording below and filling in your details. (Using this exact wording is not mandatory.)
Model cancellation notice
By this notice I terminate the agreement I concluded:
FlyClaim Claim reference number:
Claim submission date:
Customer’s name:
Customer’s address:
Customer’s signature:
Dated:
Once the 14-day Withdrawal period has expired, you may, subject to the Terms, Withdraw the acceptance you gave to the Compensation Service.
FlyClaim’s Withdrawal from the Compensation Service
FlyClaim may itself withdraw from the Compensation Service if it identifies obstacles outside its control that prevent it from obtaining Compensation for you. Such obstacles include, without limitation, insolvency of the Airline, closure of a court, lockdown measures and a low Flight Compensation value. In such cases FlyClaim will notify you of what the obstacles are and close your Claim, and no fee will be charged.
End of the Compensation Service
The Compensation Service ends once three conditions are met: the Airline has settled the Claim, the Flight Compensation has reached you, and any amounts you owe FlyClaim have been paid.
Termination due to breach
FlyClaim may terminate the Services with immediate effect if:
- you have failed to comply with the obligations the Terms impose on you or with any other applicable rule or regulation,
- you have supplied incorrect information, committed fraud or carried out activities which FlyClaim has reasonable grounds to suspect are misleading or fraudulent; in that case you will have no entitlement to the Flight Compensation or to any other payment.
Where FlyClaim terminates because of your breach, it reserves the right to bring a claim for its losses.
Effects of Termination and Withdrawal
When the Compensation Services end for whatever reason, you must immediately pay all fees due to FlyClaim under the Terms; this includes, without limitation, the case where the Customer Withdraws after the Airline has confirmed payment of the Flight Compensation.
On Withdrawal or termination, FlyClaim will assign your Claim back to you.
Where FlyClaim terminates because you have breached the Terms, or following your Withdrawal from the Compensation Service, FlyClaim is entitled to recover from you:
- FlyClaim’s Legal Expenses, where FlyClaim has started a Legal Action; or
- a sum equal to the Legal Expenses where, after the Withdrawal, a Judicial Authority requests FlyClaim to pay the Airline the Legal Expenses owed to it; or
- FlyClaim’s Service Fee, together with the Legal Action Fee where Legal Action took place, if you subsequently received Flight Compensation from the Airline directly.
7. PROTECTION OF PERSONAL DATA
Any personal data collected in the course of, or in connection with, providing our Services is governed by the FlyClaim Privacy Statement.
8. MISCELLANEOUS PROVISIONS
Services Provided by Third Parties
Our Services may include links to websites of third-party providers, or interfaces for booking services through third parties. Those websites and services are run by independent parties over which FlyClaim has no control. While our Services may inform you about third-party suppliers, give you access to them and make it easier to use them, our Services do not amount to any sponsorship or endorsement of, or affiliation with, those third-party providers.
You acknowledge and agree that FlyClaim is not a party to any agreement concluded with such a third party. FlyClaim bears no responsibility for errors or omissions in that third party’s services, or for any claim, breach, loss or damage, direct or indirect, that is caused, or is alleged to have been caused, by access to or use of such third-party services or in connection with it.
Warranty Disclaimer and Liability Limits
The information and services offered under these Terms are compiled from the many information and data sources FlyClaim draws on. FlyClaim aims to provide accurate information, but our Services may contain errors and omissions. Our Services are supplied on an “as is” basis.
FlyClaim gives no representation or warranty that our Services will lead to Flight Compensation, will meet your requirements, or will be secure, free from viruses or other harmful components, on time, without interruption, accurate, complete or reliable. You use our Services at your own risk, and you acknowledge and agree to this.
Our website may include information taken from other sources, which will be marked accordingly. The accuracy of this data is not guaranteed by FlyClaim.
Changes and Versions of These Terms
FlyClaim may, at any time and without further notice, amend sections of these Terms. The most recent version can always be found on the FlyClaim website.
To improve how our Services are delivered to you, FlyClaim regularly updates both their features and these Terms. Consequently, every new feature of our Services is subject to whichever version of the Terms is currently published on the FlyClaim website.
However, your use of the Services is governed by whichever version of the Terms was in force on the date you accepted them. Should you be unsure which version applies to you, contact FlyClaim at support@flyclaim.eu and we will send it to you.
Alternatives to Using the Compensation Services
If you would rather pursue your Claim by means other than FlyClaim’s Compensation Services, you can also enforce it by taking your own out-of-court or court action against the airline, getting support from a lawyer, or contacting the relevant Airline directly. In Germany, you can also use the public passenger transport conciliation body (Schlichtungsstelle Reise & Verkehr e.V.), the German Federal Aviation Authority’s online form, as well as the Air Transport Arbitration Body hosted by Germany’s Federal Office of Justice.
Applicable Law and Jurisdiction
These Terms, the Forms and the agreement between you and FlyClaim, and all disputes or claims that arise from or in connection with them (non-contractual ones included), are governed by European Union law, disregarding conflict-of-laws principles. This leaves unaffected any mandatory rules of the legal order that would apply if this choice-of-law clause did not exist, for example the mandatory provisions in force in the country where the customer resides.
You need our prior written consent before transferring any right or obligation you hold under these Terms. FlyClaim, however, may transfer to any FlyClaim Group Company, or to any third party it designates, any right or obligation it holds under these Terms.
Should a court or other competent authority find any provision of these Terms (or any part of it) void or unenforceable, wholly or partly, that provision will be treated as replaced by an enforceable provision whose effect is as close as possible to the original, and the other provisions, as well as the rest of the affected provisions, will remain valid.
If FlyClaim fails or delays to enforce any provision of these Terms, in whole or in part, this will not mean that FlyClaim has waived any of its rights or remedies.
If any other language version of these Terms is inconsistent with the English version, the English version prevails.