EUclaim helps airline passengers that have experienced a delay or cancellation of their flight or they have been denied boarding. Based on EC Regulation 261/2004 EUclaim helps passengers file a claim with the airline to claim compensation.
EUclaim has several years of experience with passenger rights and has put this experience into the EUclaim products. EUclaim has built up a strong reputation in the aviation world with respect to passenger rights and is an expert in the area. EUclaim products are a representation of this experience and bundles this into an easy to use do it yourself product. EUclaim can offer an informed advise on your flight based on historical flight data collected by Lennoc B.V.
EUclaim uses the historical flight data collected by Lennoc B.V. from commercial and public sources from governments, airports, airlines and news media. In addition, the signals from commercial airlines (ACARS and ADS-B) is collected by EUclaim.
EUclaim processes over 60,000 signals per hour from weather stations set up at airports (METAR’s). These weather reports are consistent with the demands set by the World Meterological Organisation (WMO). All weather reports are stored in the EUclaim database and used when analyzing a flight.
EUclaim collects and archives hundreds of news reports concerning strikes of Air Traffic Controllers, political unrest and temporary closures of airports. This information is used when analyzing a flight.
EUclaim combines flight data, weather reports and news items to judge if a flight falls within the scope of the EC Regulation 261/2004. Based on the extensive data EUclaim can quickly judge if a situation can be considered an extraordinary circumstance. An airline is not obliged to pay a financial compensation in the case of an extraordinary circumstance and EUclaim will not accept the claim on a no-win-no-fee basis.
If you have a legal expenses insurance policy then it is possible to file your claim directly with them. The insurance agency must offer you legal support in you claiim against the airline. If you have filed your claim directly with the airline and you have not received an adequate reply, your insurance agency can assist you further with any legal measures. We have developed a package to aid you in filing the claim directly with your insurance. This package consists of a cover letter and a flight delay statement. Please check the terms and conditions of your insurance for further details.
If you incurred a delay or a cancellation of your flight and you wish to file a complaint with your insurance agency, you must offer evidence. EUclaim can offer a flight delay statement based on our historical database. You will receive a report with all the relevant data concerning your flight, including scheduled and possibly actual flight times.
It is possible to file a claim directly with the airline. At the start of the form you indicate what situation best describes the incident that you experienced. After this step you have to answer a few basic questions as accurately as possible. EUclaim will then indicate if you have a chance of filing a successful claim. You will be provided with this advice and a filled out EU complaint form with standard letters directed at the airline and NEB for free.
There can be several reasons for this. If the flight does not fall within the scope of the EC Regulation 261/2004 we cannot assist you further. For example, a flight with a non-EU air carrier flying into the EU does not fall within the scope of the Regulation. It is possible that EUclaim and Bott & Co. do not have the means to file a claim against the airline because they do not have offices in the United Kingdom. It is also possible that, based on an investigation of the flight in our database, we believe there was an extraordinary circumstance that cause the disruption of your flight. If you wish to continue it is possible to file the claim directly with the airline.
EUclaim does not guarantee that you will receive compensation. You can however always ask EUclaim for its opinion on how best to proceed should you encounter any difficulties in pursuing your claim.
After investigating the claim you have filed we create an online file for you and file the claim with the airline. As a rule of thumb, we give the airline 30 days to respond, after which we consider issuing court proceedings. It is unfortunately not possible to predict how long the entire process will take. We strive to reach a conclusion within six months of filing the claim but can not offer any guarantees. It is possible for a legal procedure to take several years. You can follow your claim in your online file.
No, we will bear the cost of issuing any court proceedings and arranging representation at any hearings. If you lose your case then you don’t have to pay anything. In a successful claim you will receive 73% of the claim amount minus a €25 administration charge.
Bott & Co. and EUclaim will only take a case to court if we believe there is a change of a positive outcome. The case will always first be filed with the airline directly. Based on the response from the airline our legal department will investigate the claim further. We are not obliged to take the claim to court.
When your claim is passed to Bott & Co they will ask you to sign their standard Terms and Conditions document. These Terms and Conditions are also sometimes referred to as a ‘Retainer’. As part of the Solicitor’s Code of Conduct they are required to ensure that each of client signs this 'retainer'. A retainer is the contract between a Lawyer and the client that sets out the nature of the services to be provided and the cost of those services. The full details of this retainer are set out in our 'Client Care Letter' and you should shortly receive a copy of that document by email, from Adobe EchoSign. Once you receive that email you will be able to view the contents of the Client Care Letter and then digitally sign it, i.e. on the computer, rather than by hand. We will then be notified by EchoSign that the paperwork has been signed and we will be able to carry on progressing your case. Please note that we will not be able to progress your case until you have signed the Client Care Letter.
EC Regulation 261/2004 is a primary piece of European legislation that was created to ensure that the rights of airline passengers were protected in cases of cancellation, long delays and denied boarding. The Regulation is applicable to all flights departing from a European country and to all flights arriving in a European country if that airline is registered in the EU.
The Montreal Convention is an international treaty that amongst others determines the responsibilities of an airline in the event of damages due to delays and damages to baggage. In the event of delay an airline can be held liable for damages sustained (these have to be proven) by a passenger.
EUclaim works on a No Win No Fee basis. This means you only pay us a fee when we are successful. You will receive 73% of the claim amount, minus 25 euros administration costs per passenger. When we are not able to solve your claim, you do not have to pay us anything.
The Do It Yourself product is a free service provided by EUclaim to help you file your claim directly with the airline. By filling in your relevant flight and passenger data into our Calculator, you immediately receive a complete cover letter for the appropriate airline and National Enforcement Body and a filled out official EU-complaint form. WIth these documents you can file your claim independently and keep control of all the correspondence with the relevant organisations. And, of course, in the event the airline pays the financial compensation, no fee is due.
When you filed a claim with EUclaim and the airline contacts you directly, you should contact EUclaim immediately. You can reach us through your online file or by e-mail. It is possible that EUclaim already started a legal procedure against the airline for you and consequently had to cover the costs for this. When the airline pays you directly, we will send you an invoice for the costs we have made, in accordance with article 6.7 of our Terms & Conditions. Please always contact EUclaim when you are contacted by the airline before accepting any offers that are made.
EUclaim needs several travel documents before we can pursue a claim for you. You can upload the necessary documents while filing your complaint. We need a copy of the following documents: - Booking confirmation - (e)Tickets - Boarding pass
When your claim is passed to Bott & Co you will receive an email from ‘Echosign’ with a copy of the standard Terms and Conditions document. You will then be able to digitally sign that document and press a button to send it back to Bott & Co.
Bott & Co are a law firm based in Cheshire, England that has a specialist department dealing exclusively with claims for compensation arising under EC Regulation 261/2004. Unlike Bott & Co, EUclaim does not have the required jurisdiction to present claims in the UK courts and it is in those instances that your claim is passed to them. As a firm of Solicitors they are regulated by the Solicitors Regulation Authority ("SRA") under SRA Number 571852.
Bott & Co’s fees are identical to those of EUclaim. Your claim will still be dealt with on a no-win-no-fee basis and you will not have to pay any additional costs.