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Terms and conditions

Article 1 Applicability

1.1. These General Terms and Conditions, hereafter “Terms and Conditions”, are part of all offers and contracts and apply, to the exclusion of any other general terms and conditions, to all (other) acts and legal acts between EUclaim and you, even if those (legal) acts do not result in or are not connected with a contract.

1.2. Entering into a contract with EUclaim means that you accept the applicability of these Terms and Conditions.

1.3. Departure from the provisions of these Terms and Conditions is possible only in writing. Should this occur, the other provisions of these Terms and Conditions will remain fully in force

1.4. In so far as EUclaim uses intermediaries and/or other third parties in the performance of the contract, these Terms and Conditions will also be stipulated with respect to those intermediaries and/or third parties.

Article 2 Contracts

2.1. All offers are free of obligation.

2.2. The contract can be entered into only in English.

2.3. EUclaim will not start to perform the contract until the period of reflection has expired.

2.4. A Contract will be concluded only if and in so far as EUclaim accepts your order, or EUclaim starts to carry out an order.

2.5. EUclaim is entitled to refuse your order(s) without stating reasons. If EUclaim does not accept an order, EUclaim will notify you of this as soon as possible.

2.6. By giving EUclaim an order, you declare that you are authorised to give this order.

2.7. By entering into a contract for the collection of your claim(s) in accordance with the terms of that contract, you authorise EUclaim to perform the (collection) acts in your name which are necessary and/or useful in the opinion of EUclaim.

2.8. By entering into a contract for the collection of your claim(s) in accordance with the terms of this contract, you authorise EUclaim to contact Lavelle Coleman Solicitors, at no cost to you, to advance your rights to claim, and in doing so agree to Lavelle Coleman receiving your personal details to contact you directly for the purposes of such advancement.

2.9. You hereby confirm that you are aware that you are free to choose or nominate the solicitor of your choosing to act on your behalf, and having considered this fact, you agree and accept to be bound by clause 2.8 above.

2.10. Payment will be deemed to have been made when your other party has paid the claim to EUclaim, or to Lavelle Coleman, as the case may be.

2.11. You irrevocably authorise EUclaim or Lavelle Coleman as the case may be, to receive payment from the airline on your behalf, and to deal with the payment as per the terms and conditions herein.

2.12. You must notify EUclaim immediately should you receive full or partial payment of your claim directly from the airline.

2.13. You must make available to EUclaim upon first demand from EUclaim all information needed to collect your claim.

Article 3 Fraud/incorrect statements

3.1. Fraudulent orders and/or other forms of fraudulent acts will be reported.

3.2. You indemnify EUclaim for all claims of third parties resulting from incorrect statements made by you and/or incorrect information provided and/or fraudulent acts performed by you.

Article 4 Prices

4.1. All prices of EUclaim are expressed in EURO and inclusive of turnover tax (VAT), all this unless otherwise stated in writing.

4.2. EUclaim is entitled to charge your other party (extrajudicial collection) costs, which costs will be entirely for the benefit of EUclaim upon payment by the other party.

Article 5 Payment

5.1. Payment can be made in the way (one of the ways) as indicated during the order process.

5.2. Without prejudice to the provisions of the following paragraphs, payment (if applicable) must be made at or immediately after the conclusion of the contract.

5.3. EUclaim will not start its work until payment has been received (if applicable).

5.4. EUclaim is entitled to suspend (the performance of) or dissolve the Contract and related contracts if you should fail to make any payment (if applicable).

Article 6 Periods

6.1. The periods stated by EUclaim for performing the work apply only by approximation.

6.2. Unless explicitly agreed otherwise in writing, EUclaim will not assume any guarantee with respect to the agreed periods and late performance of the Contract will not give you any right to damages, dissolution of the Contract or non-compliance with any obligation towards EUclaim, unless the exceeding of this period is such that you cannot reasonably be required to continue the Contract. In that case, you will be entitled to cancel the order or dissolve the contract.

Article 7 Settlement

7.1. You have a claim on amounts of the principal sum and interest paid by your other party to EUclaim, less the amounts to which EUclaim is entitled.

7.2. The amounts collected for you will be settled, with due observance of the provisions in the preceding paragraph, within 21 days from receipt by EUclaim.

Article 8 Liability and indemnification

8.1. EUclaim will never be liable for any indirect loss of yours, which also includes consequential loss, emotional damage, trading loss, loss of orders, loss of profit and suchlike.

8.2. The liability of EUclaim, as referred to in the preceding paragraph, as well as any other liability ensuing from other facts or circumstances, will at any rate never go beyond compensation of the invoice value (incl. VAT) of the relevant service provided, or redelivery of that service, such at the discretion of EUclaim and to the extent that EUclaim is able to provide similar services.

8.3. Without prejudice to the provisions of the preceding paragraph, EUclaim’s liability will be limited to the sum paid by EUclaim’s liability insurance in a particular case in relation to the loss in question.

8.4. Without prejudice to the provisions of the preceding paragraphs of this article, EUclaim will never be liable for any loss, on any basis, ensuing from facts and circumstances which are attributable to third parties designated by you, whether or not these third parties (ultimately) performed that work on the instruction of EUclaim.

With respect to these third parties, you fully warrant your own choice, and the work performed by these third parties will be entirely at your expense and risk or the expense and risk of those third parties.

8.5. The provisions of the preceding paragraphs will not affect the statutory liability of EUclaim on the basis of mandatory legal provisions.

Article 9 Other obligations and responsibilities of the Client

9.1 You must always make available to EUclaim in a timely manner all information needed for the performance of EUclaim’s work, and you warrant the correctness and completeness thereof.

Article 10 Personal data

10.1. In the context of performing the Contract, EUclaim will incorporate your personal data. We will comply with the provisions of the Privacy laws, including the Personal Data Protection Act (Wet Bescherming Persoonsgegevens).

10.2. EUclaim will not disclose any data to third parties which would jeopardise your privacy.

Article 11 Applicable law/Disputes

11.1. All contracts entered into with EUclaim are governed by Netherlands law, to which these Terms and Conditions will apply as an addition thereto and, in so far as mandatory provisions do not prevent this, as a departure therefrom.

11.2. Any disputes between you and EUclaim will be settled by the competent court in the Netherlands.