TravelDelay Claim General Terms and Conditions
I. Definitions
The following defined terms are used in this document:
TravelDelay Claim: TravelDelay Claim is a company incorporated under the Andorran Companies Act and is also governed by the Andorran Bar Act. The company’s headquarters is located at Avinguda verges de canolich 11 3 sant julia de loria;
General Terms: The General Terms of TravelDelay Claim Inc. described in this document;
Claim: Any claim by a passenger against an Airline related to a flight delay, cancellation, or denied boarding;
Airline: The Airline that operated/provided the delayed or cancelled flight or was supposed to do so;
Contract: The agreement between the Passenger and TravelDelay Claim Inc. to allow the Passenger to grant a Power of Attorney to TravelDelay Claim and/or to appoint TravelDelay Claim to obtain and collect any compensation amount resulting from the Claim;
Passenger: The client of TravelDelay Claim, being the Passenger filing a Claim against the Airline;
Extrajudicial Procedure: The drafting and sending of correspondence (including Demand Letters), when and if deemed necessary by TravelDelay Claim, as well as the collection of compensation amounts resulting from the Claim by any means. Additionally, it may also include managing negotiations (regarding compensation payments) with the Airline and reaching an amicable settlement with the Airline;
Amicable Settlement: All actions taken by TravelDelay Claim as a representative of the Passenger, following and only if necessary, the filing of the Claim with the Airline, sending any necessary follow-up to the Airline, and sending a letter to the Airline informing of the imminent commencement of legal proceedings, including, among other things, and if deemed necessary, drafting and sending any related Demand Letter and other correspondence related to the Claim;
Legal Proceedings: The legal collection of any compensation amounts resulting from the Claim by TravelDelay Claim on its own or on behalf of the Passenger, including but not limited to, initiating legal proceedings against the Airline, managing negotiations (regarding compensation payments) with the Airline, and obtaining an amicable settlement with the Airline.
II. General Terms
2.1 The General Terms included apply to all contracts concluded between TravelDelay Claim and the Passenger.
2.2 TravelDelay Claim offers a wide range of services to obtain compensation for a delayed, cancelled, or overbooked flight, or in the case of denied boarding, as prescribed by Applicable Laws, including, but not limited to, Regulation (EC) No. 261/2004 of the European Parliament and the Canadian Air Passenger Protection Regulation.
2.3 If TravelDelay Claim agrees to proceed with the Claim, it will use appropriate and reasonable efforts to collect any compensation amounts resulting from the Claim with the Airline.
2.4 TravelDelay Claim will handle the Passenger’s personal information with the highest confidentiality and will extend the same degree of confidentiality to the personal information of any other passenger who accompanied the Passenger on their journey. The Passenger hereby gives TravelDelay Claim express consent to use all their personal information in connection with their Claim against the Airline and understands that TravelDelay Claim will use said personal information in the normal course of its business, in accordance with the Personal Information Protection Act.
2.5 The Passenger authorizes TravelDelay Claim to disclose their personal information to its employees when necessary. The General Terms included also apply to employees of TravelDelay Claim.
2.6 The Passenger will be informed as soon as possible about the course of action chosen by TravelDelay Claim regarding the handling of their Claim and the perceived chances of obtaining successful compensation from the Claim. However, no guarantee is given regarding the successful obtaining of any compensation amount concerning the Claim.
2.7 If the Airline does not process the Claim within a reasonable time after being notified by TravelDelay Claim, or if the Airline refuses to pay compensation, TravelDelay Claim may, at its sole discretion, initiate an Extrajudicial Procedure or Legal Proceedings against the Airline.
2.8 TravelDelay Claim may inform the Passenger about the status of their Claim via electronic communication (email). TravelDelay Claim will not inform the Passenger each time a change occurs in their file. The Passenger hereby acknowledges and accepts this process. TravelDelay Claim is not responsible for issues that may arise from the Passenger’s failure to read the electronic communication sent by TravelDelay Claim regarding their Claim.
2.9 TravelDelay Claim may refuse to represent the Passenger and handle their Claim and may at any time cancel the Contract without needing to justify said cancellation, regardless of the stage of the Claim and whether legal proceedings have been undertaken by TravelDelay Claim. Once TravelDelay Claim notifies its interruption or refusal to handle and manage the Claim, TravelDelay Claim is no longer obligated to process the Passenger’s file related to the Claim.
2.10 This agreement will remain effective until the Passenger’s Claim is explicitly closed by TravelDelay Claim via written notification, whether the Claim resulted in compensation paid by the Airline or the Passenger requested the closure of their file.
III. Extrajudicial Procedures
3.1 The Passenger grants a Power of Attorney to TravelDelay Claim for the collection of compensation amounts resulting from the Claim through an Extrajudicial Procedure, said Power of Attorney also giving TravelDelay Claim the authority to undertake all necessary actions for TravelDelay Claim Inc. to receive payment of said compensation amounts resulting from the Claim.
IV. Legal Proceedings
4.1 If an Extrajudicial Procedure against the Airline is unsuccessful, TravelDelay Claim has the right to undertake Legal Proceedings against the Airline. TravelDelay Claim will inform the Passenger of any actions taken in the context of Legal Proceedings. Notification by TravelDelay Claim Inc. will be via electronic communication (email) unless otherwise indicated by the Passenger. TravelDelay Claim has the right to appoint an independent lawyer or any other claims company for Legal Proceedings.
V. Compensation and Payments
5.1 TravelDelay Claim does not charge administrative fees if the Claim is processed without obtaining compensation from the Passenger.
5.2 If the Claim is successful, TravelDelay Claim is entitled to 25% (plus applicable taxes) of the compensation amount obtained from the Passenger for each Claim, unless otherwise specified in writing in the Contract. If the Passenger, after the conclusion of the Contract, directly receives a compensation amount from the Airline, the Passenger is required to inform TravelDelay Claim of the receipt of said compensation amount and to transfer 25% (plus applicable taxes) to TravelDelay Claim.
5.3 If the Passenger, after the conclusion of the Contract, receives a compensation amount directly from the Airline for their Claim without informing TravelDelay Claim, TravelDelay Claim has the right to pursue legal action against the Passenger for the sum of 25% (plus applicable taxes) of the total compensation amount obtained by the Passenger.
VI. Governing Law
6.1 These General Terms and the Contract are governed by and interpreted in accordance with the laws of the province of Andorra and the laws of Andorra.
