Preamble: Presentation of the company and terms and conditions of sale.
Flight Delay Refunds is an initiative of Blueway Limited who are the publisher of the website www.flightdelayrefunds.com
“The Company” means Blueway Limited registered with company registration number 08385444 registered in England and Wales at Kebbell House,Suite A9 Carpenders Park, Watford, Herts. WD19 5EF who assists any traveller (“the Client”) who wishes to obtain compensation from an airline when carriage did not take place (Denied boarding) or when the services provided were below accepted standards (Long Delay or Cancellation).
The contract and conditions herein constitute a retainer between the Company and the Client. The Company acts in the name and for the account of the Client who retains the Company to represent him or her in the proceedings described herein.
The contract and conditions herein constitute an agreement between the Company and the Client. This contract specifically relates to the clients claim for compensation for being delayed, denied boarding or the cancellation of their flight, and the compensation applicable under the Regulation EC 261/2004. The Company will provide the client two options for the processing and applicable fee structures of their claim(s). Either:
The company will pay the client 40% of the applicable compensation under EC Regulation 261/2004. Any payment made from the company will be in GBP to the client will be made at the exchange rate of the date that payment is raised. The exchange rate will be as presented on https://www.forex.com/en-uk/
The client will be assigning their right to compensation under the regulation EC 261/2004 claim to the company. From the date that the assignment form is signed the claim will then be owned solely by the company. The client will be in breach of this contract if they receive or make any attempts to receive compensation from the airline or any other third party relating their claim Under EC 261/2004. If for any reason the airline contacts the client after the assignment form is signed then they must notify the company immediately (and within 24 hours of being contacted) and forward all correspondence onto the company. Failure to do so will be deemed as a breach of contract
The Client will enter into a ‘No Win No Fee’ Agreement with the company. The company will act on behalf of the client to obtain compensation under the Regulation EC 261/2004. If the company is successful in obtaining compensation the fee applicable with be 25% (plus Vat) of the compensation, plus £25 Administration Fee per passenger (inclusive of VAT). This is only deducted at the end of the process from any amount the company wins for the client.
Assignment (Purchase) of Claim
1.1 By completing and submitting the information on the website www.flightdelayrefunds.com and by agreeing to these terms and conditions the Client authorises the Company to make contact with themselves and the other passengers submitted by the client.
1.2 By entering into an Agreement, the Client warrants and declares that the Client is authorised by all passengers forming part of the booking to enter into the Agreement, This agreement should be in writing, and the client should retain this in case the company requests evidence that the agreement exists. It is unlawful for the Client to submit the details of other passenger without this agreement.
1.3 The Client declares that he or she is not a minor under applicable law and not under any form of guardianship.
1.4 The Company reserves the right to refuse any Order. In case of refusal, The Company will notify the Client as soon as possible.
1.5 In entering into an Agreement with The Company the Client hereby permits and authorises The Company to contact the Client by e-mail from time to time with offers and details of additional relevant products.
1.6 The Client shall not pursue the Claim personally nor shall they instruct any other third party to pursue the Claim without the prior written approval of The Company.
1.7 The Client or any of the other passengers submitted must NOT have submitted a claim to any other Third party. If the Client or any of the passengers have previously instructed a third party previously, they must provide confirmation from the third party that they are no longer pursing the claim.
1.8 The Client must not submit a claim more than once.
1.9 The Client Must not submit a claim if they have already been named as a Passenger on another clients claim.
2.2 The Client must complete the required fields in the initial enquiry table. He or she must provide his or her contact details as well as those of other persons on whose behalf he or she is legally allowed to lodge a request. The Client declares that he or she has read and accepts the terms and conditions of sale.
2.3 The client will receive and email from the company asking to supply proof of travel or a booking confirmation, for the said flight.
2.4 Within the same email the Client will also receive a Notice of assignment form that they and the passengers submitted must complete, sign and return within 24 hours.
2.5 If any of the above is not received within 24 hours then the client may not be applicable to assign the claim to the company, and the agreement will revert to the Contingency fee agreement (B) as seen below.
2.6 Once the details are submitted to the company, the company will review your claim within 36 working hours to investigate whether the claim submitted is viable to be purchased by the company.
2.7 Once the review has been completed by the company and all documents stated in clauses 2.3 & 2.4 have been received by the company, the client will be notified if the company is willing to purchase the client’s claim.
If the company is willing to purchase the claim the client and each of the passengers (if any submitted) will receive an email requesting bank details to make payment. Once the details have been provided by the client payment will be raised within 1 working day.
2.8 Each individual on the submitted claim, and if the purchase is applicable; will be required to submit their own individual bank details or inform the company in writing that the payment is to be made to one of the other clients who have submitted their bank details
The company reserves the right to refuse the purchase of any claim whether or not the client has followed the above procedure correctly. If the company has refused to purchase the claim the client will be notified and the claim will be governed under the Contingency fee agreement (B).
3. Breach of contact
3.1 If the client or any of the passengers breaches any of the conditions as named above and payment has been raised from the company to the client or the passengers, then the clients and/or the passenger(s) will be liable to return the payment raised to them within 24 hours of discovery of the breach plus a £100 fee for breaching the terms of this contract.
Deliberate breach of these terms will be investigated for Fraud and may be perused as a criminal matter.
1.1 All offers are without obligation and are only to be considered to be an invitation to enter into an agreement unless The Company states otherwise. By completing and submitting the information on the website www.flightdelayrefunds.com and by agreeing to these terms and conditions the Client authorises the Company to initiate, on his or her behalf, a compensation request against the relevant airline in relation to a delay, cancellation, or denied boarding claim Under EC 261/2004.
1.2 The Client declares that he or she is not a minor under applicable law and not under any form of guardianship
1.3 An Agreement will be initiated only if The Company accepts your Claim, or if The Company starts to process the Claim.
1.4 The Company reserves the right to refuse any Order. In case of refusal, The Company will notify the Client as soon as possible.
1.5 By entering into an Agreement, the Client warrants and declares that the Client is authorised by all passengers forming part of the booking to enter into the Agreement. , This agreement should be in writing, and the client should retain this in case the company requests evidence that the agreement exists. It is unlawful for the Client to submit the details of other passenger without this agreement. If we suspect that the Client does not have express permission, then this may render the Agreement Void the Company will reserve the right to pursue wasted costs from the client for breaches to this condition.
1.6 In entering into an Agreement with The Company the Client hereby permits and authorises The Company to contact the Client by e-mail from time to time with offers and details of additional relevant products.
1.7 The Client shall not pursue the Claim personally nor shall it instruct any other third party to pursue the Claim without the prior written approval of The Company.
The Client must complete the required fields in the initial enquiry table. He or she must provide his or her contact details as well as those of other persons on whose behalf he or she is legally allowed to lodge a request. The Client declares that he or she has read and accepts the terms and conditions of sale.
The Company will check the data provided by the Client and the information relating to the flight that is subject to the request.
The Company will confirm by email whether it agrees to proceed with the request within 3 business days from the date of the lodgement of the request.
If the Company refuses to proceed, it will inform the Client of its decision within 3 business days of the date of the lodgement of the request. The decision of the Company is final and the Company is not required to provide reasons for its decision.
If the Company requires the Client to provide additional material or evidence, the Client must provide it within 14 days after it gives notice to the Client that it has agreed to proceed with the request. If the Client fails to provide the additional material or evidence in that time, the Company can close the file without further notice.
2.2 The Company will check the data provided by the Client and the information relating to the flight that is subject to the request.
2.3 The Company will confirm by email whether it agrees to proceed with the request within 3 business days from the date of the lodgement of the request.
2.4 If the Company refuses to proceed, it will inform the Client of its decision within 3 business days of the date of the lodgement of the request. The decision of the Company is final and the Company is not required to provide reasons for its decision.
2.5 If the Company requires the Client to provide additional material or evidence, the Client must provide it within 14 days after it gives notice to the Client that it has agreed to proceed with the request. If the Client fails to provide the additional material or evidence in that time, the Company can close the file without further notice.
2.6 By ticking the box “I accept the terms and conditions”, the Client accepts these terms and conditions of sale at the time of submission of his or her request to www.flightdelayrefunds.com. The Client is then irrevocably bound by these terms and conditions and his or her acceptance of these terms and conditions may not be withdrawn.
2.7 The Client authorises the Company to lodge a claim against the airline as soon as his or her Compensation Request is accepted by the Company. The Client declares that he or she waives his or her cooling off rights in relation to the services provided by the Company from the time the Compensation Request is accepted by the Company.
3.1 The fee payable to the Company applies to all Compensation Requests submitted by the Client whilst the contract is on foot. The fee is deemed to be owed to the Company regardless of the actual management of the file and the duration of the retainer.
3.2 The fee payable to the Company is set at 25% + VAT and £25pp of the compensation received by the Client in respect of each individual Compensation Request relating to a cancellation or delay of a flight or a baggage claim.
3.3 The Fee owed to the Company is paid on the day the air transport company pays compensation to the Company. Electronic Funds Transfer fees (only if applicable) for the transfer of the balance of compensation to the Client incurred by the Company are payable by the Client out of the balance of the compensation.
3.4 The Fee owed to the Company is applied to the sum of all compensation amounts paid by the air transport company to the Company, paid by the air transport company to an agent of the Company or paid directly by the air transport company to the Client.
3.5 The amount paid by the air transport company includes all monetary amounts and the monetary value of vouchers given by the air transport company to the Client or to the Company on behalf of the Client in relation to the claim.
3.6 The Company will not require the payment of any Fee if the Client does not receive any compensation in relation to his or her claim against the airline.
3.7 In the event of a claim being unsuccessful, the Company will pay all costs incurred on behalf of the Client including any costs of formal litigation.
4. Payment Of The Fee
4.1 The Company will notify the Client by email as soon as any compensation is received from the air transport company. That email will also provide the Company’s memorandum of fees.
4.2 The Company will transfer any compensation received, less The Fee payable to the Company, to the Client within 28 days after :(a) the Client provides his or her bank account details to the Company; and (b) the Company receives any compensation in respect of the Client’s claim.
4.3 The Client hereby irrevocably authorises the Company to deduct the fee payable to the Company from all compensation paid by the air transport company to the Company.
4.4 If you accept a flight voucher then The Fee due to The Company shall be calculated by reference to the value of the vouchers. The Company shall be entitled to withhold the flight voucher until such time as The Fee due to them has been paid in full.
4.5 If your Claim is unsuccessful or in the reasonable opinion of The Company or their nominated solicitor, that the Air Carrier can successfully show ‘extraordinary circumstances’ this Agreement shall come to an end automatically and you shall not have to pay anything for the services provided up to that point and The Company shall have no further obligation to the Client in relation to the Claim.
5. The Claim
5.1 If the airline fails to pay or fails to make an acceptable offer within the period set by The Company, we will pass the case on to our nominated solicitors (as set out in the authority document) who will review the Claim. You irrevocably agree to the disclosure of your data to our nominated solicitors for the purposes of case review.
5.2 You hereby accept and agree that our nominated solicitors are chosen by us and are directly engaged by us pursuant to the terms and conditions.
5.3 If our nominated solicitor comes to the conclusion that the Claim can be asserted with adequate prospects of success, they will instigate legal proceedings on our behalf and in your name to pursue the Compensation amount. In this scenario you irrevocably agree as follows;
(a) you allow us to grant our nominated solicitor access to all of the data communicated to us;
You allow the nominated solicitor to contact the airline on your behalf.
You allow the nominated to solicitor to receive payment from the airline in relation to your claim.
(b) you allow the nominated solicitor to pass information concerning the proceedings on to us.
(c) if our nominated solicitor comes to the conclusion that there are insufficient prospects of success, you will be advised of this and The Company will take no further action; you will not be entitled to request a more detailed account of the reasons for the decision.
5.4 If our nominated solicitors institute legal proceedings to assert your claim, The Company shall indemnify you in respect of any costs incurred in the case which includes those incurred if the Court claim is unsuccessful. In the event of a settlement offer the nominated solicitor shall report to you on the reasonableness of the offer and if in our reasonable opinion the offer should be accepted you will agree to settle on the terms so offered.
5.5 This Agreement does not constitute any certainty over the success of the Claim nor does it create grounds for any loss or damage on the side of the Client.
5.6 The Client acknowledges and accepts that the service offered by The Company relate solely to the recovery of the fixed sum compensation entitlement pursuant to the Regulation. No other amounts that may be due to the Client pursuant to the Regulation, Montreal Convention or any other statutory or legal provision, shall form part of this Agreement and The Company shall have no obligation whatsoever in respect of any such amounts.
6. Client Undertakings
6.1 The Client undertakes to provide the Company with a Compensation Request that is liquidated, payable and enforceable.
6.2 The Client undertakes to pay The Fee and further undertakes that all moneys received under a cost order relating to the claim the subject of the contract are payable to the Company.
6.3 The Client undertakes to provide all documents that he/she possesses that are relevant to his or her claim to the Company as soon as reasonably practicable.
6.4 The Client undertakes not to interfere with the management of the file by the Company.
6.5 The Client further undertakes not to initiate proceedings by himself or herself or through another agent than the Company during the duration of the contract. If the Client has already initiated recovery proceedings against the air transport company, the Client must provide all relevant information to the Company and the Client agrees to transfer the management of those proceedings to the Company.
6.6 The Client undertakes not to accept any transaction, including any compensation or payment in respect of the claim, from the air transport company, and not to initiate any alternative dispute resolution or civil proceedings with the air transport company with respect to the claim without the prior written approval of the Company.
7. Intellectual Property
7.1 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 The Company, 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.
7.2 Subject to sub-clause 8.3 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 The Company.
7.3 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.
8. Links to other websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Company 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 Website does not imply any endorsement of the sites themselves or of those in control of them.
9. Data and information from the Client and communication
9.1 The Client must always supply and submit accurate information and data to The Company. The Client understands that submitting incorrect data may cause damage or loss to The Company and will adversely affect execution of the Agreement.
9.2 The Client warrants and guarantees that the data and information provided, including valid email addresses, are complete and accurate.
9.3 All incidents of knowingly providing false and untrue data/information and of fraud in any manner whatsoever must be notified immediately and will render this agreement null and void.
9.4 The Client agrees to fully indemnify The Company 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.
10.1 The Company makes no warranty or representation that the website 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.
10.2 Your Claim may not be successful. The Company is expressly not liable for any unsuccessful Claim except as provided for in these terms and conditions.
10.3 The Company is not authorised or regulated by the Solicitors Regulation Authority and is not a law firm. Where regulated legal services are required The Company shall use a nominated Solicitor who is authorised and regulated by the Solicitors Regulation Authority.
10.4 The Website or any part of it is not intended to provide advice, it should not be relied upon when making any decision or taking an action of any kind.
10.5 The Company deals with data supplied by third parties. As a result, information or results shown on the Website or received from us may not be relied upon or seen as completely accurate.
10.6 The Company accepts no liability for any disruption or non-availability of the Website 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.
10.7 The Company is not liable for any loss that may arise from inaccurate or incomplete information received from the Client.
10.8 The Company is not liable for any loss for the quality or the manner its work and service are carried out.
10.9 Without prejudice to the Terms and Conditions, The Company liability to the Client or any third party shall never exceed the assumed or invoiced value of The Fee (including VAT).
10.10 The provisions of the preceding paragraphs do not affect the statutory liability of The Company on the basis of mandatory legal provisions.
11. Personal data
Any personal or other data received from the Client or any third party is used for the purposes of the Claim for Compensation and to fulfill the means of the Agreement. The Company complies with provisions of the privacy laws and namely with the relevant Data Protection Act.
12. Miscellaneous Provisions
12.1 The Company is authorised to alter the Terms and Conditions and/or set supplementary conditions.
12.2 In the event that any party to the 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.
12.3 In the event of any conflict between the Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
13. Applicable law
All contracts and dealings with The Company entered into are governed by the law of England and Wales. Any disputes as to the Terms and Conditions, the Agreement or any other contractual relations shall be resolved and settled by the relevant court in England.