TERMS AND CONDITIONS
Section 1: Privacy Notice
1.2 We receive and store any information you enter on EuroDelays.com or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of our services. We use the information that you provide for the sole purpose of evaluating your claim.
1.3 Unless required to do so by law, we will never provide your personal information to third parties or use it for any purpose other than the evaluation and prosecution of the Claim, other than third parties retained by EuroDelays for the purpose of seeking compensation on the Claim.
1.4 EuroDelays will not send you email communications unrelated to your Claim.
1.5 EuroDelays participates in the EU-US Privacy Shield framework.
1.6 By submitting personal information to EuroDelays, you agree that any dispute over privacy is subject to this Privacy Notice, including limitations on damages, resolution of disputes, and application of the law of the state of Arizona.
Section 2: Data Provided
2.1 On request by EuroDelays, the Client will provide EuroDelays with all data or information that is required for the prosecution of the Claim. The Client warrants that the data and information provided is correct, complete and true.
2.2 The Client agrees to fully indemnify EuroDelays in all respects for all third-party claims including, but not limited to, incorrect Client communications, provision of incorrect data/information and fraudulent conduct.
2.3 In case of incorrect data/information and fraudulent conduct, EuroDelays reserves the right to terminate the Claim Assignment Agreement. If the Agreement is terminated in accordance with this paragraph, the Client will not have any right to compensation of any kind.
Section 3: Terms of Agreement
3.1 By executing the Claim Assignment Agreement, the Client consents and accepts the terms set forth herein.
3.2 EuroDelays may refuse to pursue any Claim without reason.
3.3 By entering into a Claim Assignment Agreement, the Client warrants that he/she is authorized and has legal capacity to enter into the agreement.
3.4 The Client acknowledges that EuroDelays only seeks flight compensation. The Client agrees that EuroDelays will not accept travel vouchers and/or other services as flight compensation and that such offer from airlines will be considered as refusal of payment.
3.5 The Client warrants that the Claim has not been assigned to third parties and no legal dispute is pending or expected between the Client and the airline in the same matter.
3.6 After signing the Claim Assignment Agreement, the Client may not 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 cancelled before signing the Claims Assignment Agreement.
3.7 The Client must promptly, and in no event in more than 30 days, notify EuroDelays receives any payments or any other compensation from the airline after entering into the Claims Assignment Agreement.
3.8 By signing the Claim Assignment Agreement, the Client shall be obliged to cease negotiations with the airline concerned and direct any contact made by the airline to EuroDelays or its designated agent.
3.9 Different terms and conditions may apply to Clients submitting Claims pursuant to EuroDelays agreements with third parties.
Section 4: Services Provided
4.1 EuroDelays asserts the Client’s Claim for Flight Compensation from the operating airline on the basis of Regulation 261/2004 or any other relevant Regulation in force applicable to the Client’s particular air travel.
4.2 Flight data and information may be submitted to EuroDelays via website, mobile apps, email, other electronic or software solutions supported by EuroDelays or by phone. After receipt of a Claim, EuroDelays will research the Claim to confirm the flight information and verify the flight data. If EuroDelays research indicates that the Claim is a qualifying claim, EuroDelays will inform the Client that her/his Claim has been accepted and asks the Client to sign the Claim Assignment Agreement.
4.3 If the operating airline fails to pay the Claim within a reasonable period, at EuroDelays’s sole discretion may initiate legal action in the appropriate EU member state, or transfer the Claims to a third party to initiate such legal action. In the event that legal action is initiated, the legal action fee applies to cover the additional costs of legal action.
4.4 In the event that a contracted a third party or legal representative is used for legal action, the Client will allow EuroDelays to grant the contracted legal representative access to all of the data communicated to EuroDelays and allow the third party or legal representative to transfer information concerning the proceedings to EuroDelays.
4.5 EuroDelays will cover any costs incurred in the event the lawsuit is lost. In the event the lawsuit is won, or a settlement has been reached between the airline and EuroDelays, EuroDelays will cover any costs incurred that are not covered by the airline.
Section 5: Fees and Payments
5.1 EuroDelays pursues the Claim free of charge. If EuroDelays is successful in collecting compensation for a claim, EuroDelays will transfer the agreed part of the compensation to the Client, charging 25% from the compensation amount.
5.2 If the Client has provided wrong or insufficient information needed to support the Claim, and it is returned to EuroDelays, EuroDelays is entitled to deduct all external cost imposed upon EuroDelays plus an administrative fee of 25% of the amount of the Claim to cover its costs and expenses.
5.3 When EuroDelays has paid the agreed compensation pursuant to the instruction of and method selection by the Client, EuroDelays shall not be liable for any additional expenses.
5.4 EuroDelays will not pay interest on the Claim or on any payments received on behalf of the Claim.
5.5 EuroDelays shall not be liable for any amount of compensation, damages or similar, if EuroDelays is prevented to transfer the payment to the Client by an event beyond its reasonable control.
Section 6: Miscellaneous Provisions
6.1 EuroDelays is authorized to alter these terms and the terms set forth in the Claim Assignment Agreement and to set forth additional conditions at any time and without notice; provided that any changes with a negative effect to the Client will not apply to the Client, unless the Client agrees to new changes.
6.2 The laws of the state of Arizona apply to these terms, the Claim Assignment Agreement and any other agreement between EuroDelays and the Client. Any dispute arising out of these terms, the Claim Assignment Agreement or any other agreement between EuroDelays and the Client shall subject to the jurisdiction of the State of Arizona.
6.3 Should any provision of these terms be or become void, illegal or unenforceable, this shall not affect the enforceability of the remaining provisions.
6.4 Rights and obligations fully or partially related to any submitted Claim may be transferred without restrictions by EuroDelays to any entity within the corporate group of EuroDelays and by EuroDelays to third parties consistent with the terms set forth herein.