General Terms and Conditions
Article 1: Definitions
In these general Terms and Conditions, hereafter "Terms and Conditions", the Terms below will be understood to have the following meanings:
1.1 EUclaim : company that offers to pursue your rights under Regulation 261/2004 and/or obtain a Complaint Package after receiving free advice, based on the information provided by the Client. This Complaint Package is to be used as a means to lodge a complaint with an airline based on Regulation (EC) 261/2004 or to pursue recovery of losses from other appropriate avenues, depending on the package purchased.
1.2 Lennoc BV; A company registered with Chamber of Commerce No. 09147024. Registered office: 47 Arnhemsestraat, 6971AP Brummen, NL
1.3 Client: persons that obtain the Complaint Package or submit their claim to EUclaim, for them to deal with on a no-win-no-fee basis.
1.4 Complaint Package: package comprising of a letter to the airline and a completely filled out European complaint form with all the necessary information filled out, to include all other products or services offered from time to time by EUclaim for recovery of losses and compensation pursuant to Regulation (EC) 261/2004.
1.5 Agreement: the agreement that is reached after the acceptance of these Terms and Conditions by the Client.
Article 2: Agreements
2.1 All offers, no matter under what Conditions, are without obligation and are only to be considered to be an invitation to enter into an agreement, unless EUclaim explicitly declares otherwise.
2.2 An Agreement will be concluded only if and in so far as EUclaim accepts your order, or if EUclaim starts to carry out that order.
2.3 EUclaim is entitled to refuse orders without stating reasons. In case of refusal, EUclaim will notify the Client as soon as possible.
2.4 By entering into an Agreement with EUclaim, the Client declares that he/she is authorised to enter into the Agreement or to give the order.
2.5 In accepting these Terms and Conditions the Client hereby permits and authorises EUclaim to;-
(a) send a newsletter to the email account as provided by the Client.
(b) to contact the Client by e-mail from time to time with offers and details of additional products.
Article 3: Payment
3.1 If the Client wants EUclaim to handle the claim on a no-win-no-fee basis then EUclaim will review the flight and decide whether they want to accept the claim on that basis. Once EUclaim accept the claim the Client will be liable to pay the cost of €25 + 27% (“the Fees”) in the event that the Client is successful in recovering compensation from the airline.3.2 The Client will be liable to pay the Fees from the date that the claim is submitted to EUclaim, regardless of whether the compensation has been recovered as a result of the efforts of EUclaim, the Client or any other third party.
3.3 For the sake of clarity, the terms imposed by Paragraph 3.2 can be demonstrated by way of the following example:-
Client writes to an airline on the 1st January.
The Client does not receive payment from the airline and as such they submit the claim to EUclaim on the 15th February 2013.
On the 16th February 2013 the airline pays (or communicates that they agree to pay) the Client the compensation due under Article 7 of Regulation 261/2004.
In a situation such as this, the Client would still be liable to pay EUclaim’s fees, as the payment had been agreed after the date the claim was submitted to EUclaim.
3.4 The Client agrees that the question of whether compensation was required as a result of the efforts of EUclaim, the Client or a third party are irrelevant when it comes to the terms imposed by Paragraph 3.2.
3.5 If the airline sends any or all of the compensation payment to the Client directly then they must immediately inform EUclaim of this. If the Client does not inform EUclaim then they will be responsible for any fees incurred (be they legal, administrative or otherwise) in pursing the claim.
3.6 EUclaim also reserve the right to retain any interest that has been recovered from the airline.
Article 4: Use of Free Content
4.1 You may print, copy, store or in any other fashion re-use Free Content from the Web Site for personal purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so. Specifically you agree that:
(a) You will not use the Free Content of the Web Site for any commercial purposes;
(b) You will not systematically copy Free Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database.
Article 5: Use of Paid Content
5.1 You may print, copy, store or in any other fashion re-use Paid Content from the Web Site for personal purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so. Specifically you agree and warrant that:
(a) You will not use the Paid Content of the Web Site for any commercial purposes;
(b) You will not systematically copy Paid Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database.
Article 6: Intellectual Property
6.1 All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Lennoc BV, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
6.2 Subject to sub-clause 6.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Lennoc BV.
6.3 Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Article 7: Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Lennoc BV or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Article 8: Data and information from the client / fraud
8.1 On first request by EUclaim, the Client must supply EUclaim with all data or information that EUclaim requires for the execution of the Agreement. The client guarantees that the data and information provided, including a valid email address, are complete and accurate.
8.2 All communications from EUclaim to the Client will be electronic.
8.3 All incidents of knowingly providing false and untrue data/information and of fraud in any manner whatsoever must be notified.
8.4 The Client agrees to fully indemnify EUclaim in all respects for all third-party claims including, but not limited to, incorrect client communications and/or provision of incorrect data/information and/or fraudulent conduct.
Article 9: Disclaimers
9.1 EUclaim makes no warranty or representation that the Web Site, the Complaint Package or software will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our service or Complaint Package.
9.2 No part of this Web Site is intended to constitute advice and the content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
Article 10: Availability of the Web Site
10.1 EUclaim accepts no liability for any disruption or non-availability of the Web Site or software resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Article 11: Liability and indemnity
11.1 Even though EUclaim does everything in her power to guarantee the highest level of provided products and services, EUclaim is not liable for the final quality and the manner in which the provided products and services are carried out.
11.2 EUclaim bases the contents of her specific product on the information as supplied by the Client and is in no manner liable for the consequences that might arise from the inaccuracy of that information.
11.3 EUclaim will never be liable for any indirect loss of the Client, which also includes consequential loss, emotional damage, trading loss, loss of orders, loss of profit and such like.
11.4 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 exceed 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.
11.5 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.
11.6 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.
11.7 The provisions of the preceding paragraphs do not affect the statutory liability of EUclaim on the basis of mandatory legal provisions.
Article 12: Personal data
12.1 In the context of performing the Agreement, EUclaim will incorporate personal data of the Client. We will comply with the provisions of the Privacy laws, including the Data Protection Act.
12.2 EUclaim will not disclose any data to third parties which would jeopardize the privacy of the Client, without first receiving the express permission of the Client.
12.4 EUclaim will remove data from her database concerning the Client on request of the Client. Furthermore, the Client can have his/her data altered online (email@example.com). At request EUclaim will supply the Client with a detailed list of the recorded data.
Article 13: Remaining conditions
13.1 EUclaim is authorized to alter these Terms and Conditions and/or set supplementary conditions.
13.2 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
13.3 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Article 14: Applicable law / disputes
14.1 All contracts entered into with EUclaim through this website are governed by the law of England and Wales, 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 there from.
14.2 Any disputes between the client and EUclaim will be settled by the competent court in England.
Publication date: 27th June 2013