Latest update: 14 October 2017
SECTION 1. Terms and conditions of providing services for collection of compensation for disrupted flights
1.1. These Terms and Conditions (hereinafter the “Terms and Conditions”) are a public offer to an unlimited number of persons and define rules for providing by Air Advisor Spółka z Ograniczoną Odpowiedzialnością, a legal entity registered in accordance with the legislation of the Republic of Poland, registration address: Poland, 31-202, Krakow, 89/6 Pradnicka street (hereinafter the “Contractor”) of services set out in section 2 of these Terms and Conditions provided that they are unconditionally accepted by the Member, and are part of contractual relationship between Member and Contractor, and are obligatory for complete execution together with other agreements concluded between Member and Contractor under these Terms and Conditions.
1.2. Terms and Conditions shall apply to a natural person and/or legal entity (hereinafter the “Member”), who is undergoing the registration procedure on the website www.airadvisor.com being administered by Contractor (hereinafter the “Website”) or who is submitting its application to Contractor and, thereby, orders Contractor’s services specified in these Terms and Conditions and, thereby, confirms that he/it completely has read and accepted these Terms and Conditions in full and without any disclaimer or reservation.
1.3. A fact of registration of Member on the Website or a fact of submitting an application to Contractor is a confirmation of execution of a contract between this Member and Contractor for provision of services defined in these Terms and Conditions and with regard to the respective application of Member.
1.4. The moment of registration of Member on the Website is following the registration confirmation link sent to Member’s email or agreement by Member with these Terms and Conditions during submission of an application on the Website by placing a “tick” at the relevant place.
1.5. A moment of submitting an application to Contractor is the moment of signing by Member a document authorizing Contractor to represent Member’s interests in matters before third parties stipulated in this document. Such a document may exist in different forms and under different names, including but not limited to a power of attorney, assignment of claim, agreement, etc. (hereinafter referred to as the «Assignment of Claim»). An “Assignment of claim” is also a digital document that is signed by Member with an electronic signature at the end of the process of submitting an application on the Website.
1.6. After registration on the Website or after submitting an application to Contractor these Terms and Conditions take legal force and are obligatory for Member and Contractor in relation to the relevant application of Member (hereinafter the “Case”).
2.1. Contractor renders Member its services for collection of financial compensation based on the Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 Establishing Common Rules On Compensation And Assistance To Passengers In The Event Of Denied Boarding And Of Cancellation Or Long Delay Of Flights, And Repealing Regulation (EEC) No 295/91, the Air Code of Ukraine, and also based on all other legislation that obliges an airline to pay compensation to its passenger for a flight disruption. Compensation in any other form but financial (vouchers, certificates, bonus cards and so on) is not a subject matter of Contractor’s services unless Contractor and Member agree on otherwise separately.
2.2. Contractor does not render/perform any other services/works that are not clearly set out in these Terms and Conditions, for example, but not limited to, Contractor does not collect compensation for lost baggage, reimbursement of damage caused by a flight disruption, etc. (accommodation, meals, transport, communication and other costs).
2.3. Contractor has an unconditional right to reject Member in accepting his Case without providing any explanation and reason for such a decision.
2.4. Contractor has a right to check data and information received from Member.
2.5. If necessary, Contractor has a right to independently make a decision to initiate litigation and retain a third party for representing Member’s interests in such a court case. All expenses for initiating and conducting a court hearing and for payment of fees of the representative are set out in the Pricelist of Contractor. Hereby Member undertakes to issue, sign, attest and furnish all necessary documents that might be requested by court and that have not been provided by Member yet (e.g. but not limited to, court may request a new text of the assignment of claim and/or request to furnish a notarized power of attorney).
2.6. The Contractor, when rendering the Services described in clause 2.1 above, has the right to independently, at its own discretion, on the basis of the appropriate delegated authority of the Client to the Contractor, to draw up, sign on its behalf, to submit any physical and legal persons, institutions, regardless of their forms and ownership, state bodies and international organizations, and to prepare any documents required by law and / or established business practice and necessary for the proper provision of the Services described in paragraph 2.1 above, documents, materials and information of a business, legal, procedural nature, either in an oral or written form, including but not limited to: claims, complaints, comments, notifications, lawsuits, responses to lawsuits, appeals, applications, petitions, and the form and the contents of such documents, materials and information prepared by the Contractor shall be the exclusive intellectual property of the Contractor and are not subject to disclosure to the Client or any other persons, except for the direct addressee of such documents, materials and information.
3.1. Contractor does not charge prepayment and provides its services under the principle of “No Win No Fee”. Contractor gets its commission only if the Case is won and deducts it together with other expenses (if applied) out of the collected compensation. More information on the sum of Contractor’s remuneration and possible expenses is provided in the Pricelist.
3.2. Contractor does not accrue interest on the sum of compensation received for a time period when it was paid by the airline to Contractor’s account and until the moment when it is transferred to Member (deducting Contractor’s remuneration and expenses).
3.3. When transferring compensation to Member Contractor can but is not obliged to issue an invoice for Member for the services provided.
3.4. Contractor transfers compensation to Member according to bank details and by method notified by Member in his Member Account on the Website.
3.5. In case when Contractor cannot execute a transfer of received compensation to Member because Member has not provided his payment details or such details were provided with a mistake or Member does not arrive to Contractor’s office to receive compensation in cash, then Contractor is obliged to inform Member about compensation received via any known to him address or another contact information (excluding personal visits at Member’s physical address). If after that Contractor still is not able to transfer compensation to Member, then in 180 (One hundred Eighty) calendar days after the first notice of Member about such a problem the relevant sum of compensation becomes pr the property of Contractor.
3.6. Contractor bears liability only for transferring compensation to Member (i.e. debiting funds from Contractor’s account) to bank details provided by Member. Contractor is not liable for correctness of details provided by Member, for transit of money from Contractor’s account to Member’s account and for crediting Member’s account as well as for ability of Member to withdraw the relevant sum of compensation from his account, including but not limited to – Contractor is not liable for functionality of banking and financial institutions and systems.
4.1. By registering with the Website Member confirms that he is of the full legal age, has full legal capacity, has all necessary powers and consents from third persons (if necessary), read all and entire these Terms and Conditions and clearly understands them, does not have any remarks and reservations, entirely and unconditionally agrees with these Terms and Conditions, that all information that Member has provided or will provide is/will be accurate and truthful.
4.2. Member understands and unconditionally agrees that by submitting his Case to Contractor he authorizes Contractor to make any decisions pertaining to the Case and he will not question such decisions.
5.1. Member claims, confirms and guarantees that:
a) he has not previously authorized and will not authorize in the future any third person with regard to the current Cases as well as with regard to Cases to be submitted or changed by him in the future;
b) from the moment of registration of Member with the Website or from the moment of submission of his Case to Contractor Member ceases all previous communication with the airline and other third persons pertinent to the Case and will not initiate or get involved in such communication in the future. When Member receives any information pertinent to the Case, he is obliged to immediately pass this information to Contractor as this may help Contractor speed up Contractor’s work on the Case and improve its results;
c) any money and/or other types of compensation received by Member directly from the airline or third persons with regard to the Case are considered as result of Contractor’s services and Member is obliged to pay Contractor within 30 (Thirty) calendar days for the services provided in the amount of 25% (Twenty Five percent) out of the value of the received sums and/or compensation in another kind.
6.1. All relationship between Member and Contractor under a particular Case ceases provide that at least on of the following cases takes place:
a) Contractor has fulfilled its obligations before Member that resulted in Member receiving a full compensation in the Case (excluding Contractor’s remuneration and other sums set out in the Pricelist);
b) Contractor has fulfilled his obligations before Member that resulted in Member and the airline or a third person reaching a settlement in the Case in accordance with which Member does not receive the full sum of compensation claimed, however, Member agreed to receive its agreed part and/or other benefits;
c) Contractor has undertaken all possible for itself actions and measures, nevertheless, the Case was lost;
d) Contractor found out about facts and/or information based on which Contractor has made a decision to cease further actions with regard to the Case as Contractor believes it will not bring results. In this case Contractor waives any rights assigned to it by Member under the Case and Member has a right to continue work regarding the Case or to assign the Case to any third person;
e) Contractor found out or got sufficient reasons to believe that Member provided Contractor with untrue information regarding the Case and/or did not have a right to provide such information.
6.2. Member has a right to solely and early terminate Contractor’s services under a particular Case within 14 (Fourteen) calendar days from the day of submission of this Case to Contractor. To do so Member has to send a relevant written letter to Contractor’s postal address or email and clearly specify that he terminates the services and to which Case this termination applies.
6.3. In case of termination of Contractor’s services by Member Contractor has a right to demand from Member and Member is obliged to reimburse Contractor all its expenses having been born already by Contractor due to its processing of the Case and that Contractor can duly prove.
6.4. Member’s right to terminate Contractor’s services for a particular Case does not extend to cases when at the moment of such a Member’s decision the airline has already made a decision to satisfy the relevant Member’s complaint under the Case. In this situation, Contractor’s services under such a Case are considered rendered and have to be paid under the general terms.
7.1. Upon registration with the Website and/or submission of the Case for processing to Contractor by any means (e.g. but not exclusively, via regular postal services or via email, phone, fax, via any computer and mobile software), Member provides by his own agreement his personal data and information about himself and third persons. Member understands and agrees that such data is necessary for Contractor for providing services to Member and carrying out business activity by Contractor.
7.2. Member confirms and guarantees that all data and information passed to Contractor are true and Member has all necessary authorities to provide them. If Member provides Contractor with personal data and/or information on himself and third persons without having necessary authority, covenants and rights or if such data and/or information are untrue, then Member is solely liable and indemnifies Contractor from any responsibility, or if this is not possible, then Member is obliged to reimburse Contractor all its expenses and damage caused by such actions of Member.
7.3. Contractor has a right to use personal data and information about Member only for the purpose and in accordance with conditions set out in these Terms and Conditions and in accordance with legislation applied to Contractor.
7.4. Transfer by Contractor of personal data and information received from Member to a third person is prohibited with exception of the following cases:
a) Member has provided his consent for such actions;
b) this directly depends on the main purpose for which these data and information were received;
c) this is necessary for Contractor to duly process the Case;
d) Contractor is obliged to do so due to a legitimate request of law, state authorities, international bodies, courts or in order to protect legitimate demands or court proceeding;
e) this is necessary in order to prevention or stop of illegal actions;
f) this is necessary for the protection of these data and information;
7.5. Contractor also has a right without any limitations and at any time and at its sole discretion without any notice and consent of Member to assign its rights and obligations with regard to every Case to any third person.
8.1. Contractor has a right at any time and at its sole discretion without any notice and without a consent of Member to amend provisions of these Terms and Conditions and the Pricelist.
8.2. Contractor is not liable for breaching any of its obligations before Member if such a breach is a result of extraordinary circumstances (force-major) that includes but not limited to: wars, armed conflicts, hacker attacks, software malfunctions, decisions of state authorities, natural disasters, weather conditions, accidents and other similar cases beyond Contractor’s control. Contractor is exempted from liability in such cases (force-major) for a time period of existing of such extraordinary circumstances (force-major).
8.3. These Terms and Conditions are regulated by legislation of the Republic of Poland. In case of any disputes between Member and Contractor such a dispute has to be settled in a Polish court in accordance with the substantive and procedural law of the Republic of Poland.
8.4. If any of provisions of these Terms and Conditions loses legal force or becomes illegal and this does not result if abolishing the rest of Terms and Conditions, then such Terms and Conditions continue to be in force in part that did not lose legal force or that was not recognized as illegal.
8.5. Contractor and Member can sign a separate agreement for provision of services or for assignment of claim in any form agreed by them and based on these Terms and Conditions. In such a case, if provisions of such a separate agreement contradict with these Terms and Conditions then provisions of such a separate agreement has to prevail over provisions of these Terms and Conditions unless otherwise is prescribed by such a separate agreement.
These Terms and Conditions apply to each separate Case until it is closed by Contractor in accordance with provisions specified herein.
A) 'AirAdvisor sp. z o.o.' is the name reserved by the Limited Liability Company incorporated under the law of Poland, Regon: 367047885 residing at: Poland, 31-202, Krakow, 89/6 Pradnicka street.
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