TERMS OF SERVICE

TERMS OF SERVICE

EU Flight Delay, LLC Website Terms of Service

Date Last Modified: 11/15/2018

General. EU Flight Delay, LLC, is referred to in this Agreement as “EU Flight Delay,” “us,” “we,”, or “us.”  We provide our website and services (the “Services”) under this Terms of Service and corresponding privacy policy. We refer to the person utilizing our Services as “you” or “your.” The Services we provide pertain to compensation claims against airlines for flight delays, cancellations, or denied boarding based on EU regulation EC 261/2004. The Services are provided by EU Flight Delay and by our European partner, My Flight Delayed, Ltd. (https://kesettagepem.hu/), registered in Hungary. By accessing, registering for, or using our Services, you agree to the terms, conditions, policies, guidelines, and amendments listed below (the “Terms of Service”) and all applicable laws. If you disagree with any part of the Terms of Service, your sole and exclusive remedy is to discontinue use of our Service.

Questionnaire. To access or use our Services, you must fill out the questionnaire on our website. The questionnaire asks for information related to your flight(s) in which you are claiming compensation based on EU regulation EC 261/2004. You must provide true and accurate information about your flight(s). You are responsible for the completeness and correctness of all the information you provide and you agree to bear all legal consequences for providing false or inaccurate information.

Review Process. After receiving your Questionnaire, we will review your information and notify you via email within three business days with one of three possible responses:

  1. We do not think you are entitled to compensation under EU regulation EC 261/2004, and therefore we will not represent your claim.We need more information to determine if you are eligible for compensation and we will ask you provide additional information.
  2. We believe you may be entitled to compensation under EU regulation EC 261/2004. We will email you an Authorization document to be signed and emailed back to us. This Authorization document grants us permission to file the claim on your behalf.
  3. We will work on your behalf to receive compensation from your airline; however, we do not guarantee the amount of compensation, if any. Further, we make no representations as to the amount of time it may take to receive your compensation from the airline.

Authorization Document. By signing and returning the Authorization, you authorize EU Flight Delay to represent you in enforcing your compensation claim against the airline that is responsible for your flight delay or cancellation. You agree not to seek compensation directly from the airline or through another company as long as we are working on your case.

Fee. In exchange for our Services, you agree to pay us a fee, which is equal to twenty-five percent (25%) of any payment we collect from the airline on your behalf. We will deduct our fee from any payment made by the airline in relation to your claim.

We only collect fees for claims in which the airline awards you compensation; therefore, unsuccessful claims will not be subject to our fee.

If you receive any direct payments or other compensation from the airline in regard to your claim after signing and returning the Authorization, you shall notify us via email within 10 days of such receipt and such payments will be subject to our fee and you shall pay our fee in accordance with these Terms of Service.

Successful Claims. If we are successful in obtaining a payment for your claim, we will notify you via email within three business days. We will forward the compensation amount, minus our fee, to you by check or Zelle®, whichever you prefer. The exact dollar amount you receive is subject to fluctuations in the exchange rates between European countries and the United States and may vary from the amount awarded by the airline.  Any transfer fees we incur in connection with transferring the funds from the airline to you will be deducted from your compensation.

Privacy and Data Protection. We respect your privacy and agree to only share your personal data to third parties only for the express purposes of effectuating our Services. We will not sell any of your personal data to any third parties.  By using our Services, you agree that we can use your personal data in accordance with our Privacy Policy.

See our Privacy Policy for information on how we treat your personal data and protect your privacy when you use our Services.

Third Party Disclosure. We may use a third party, including legal representatives, to enforce your claim. You agree that we may provide the third party with your personal data and all other data related to your claim in the interest of and for the duration of enforcing your compensation claim.

Modification and Amendments. EU Flight Delay may amend or modify this Terms of Service agreement or impose new conditions at any time without prior notice. We will update the “Date Last Modified” and such modifications and amendments will be effective upon posting. Any modifications or amendments will be in effect for future authorizations only. Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions. If you disagree with any part of the modified or amended Terms of Service, your sole and exclusive remedy is to discontinue use of our Service.

Trademark and Copyrights. This site is owned and operated by EU Flight Delay and contains material which is derived in whole or in part from EU Flight Delay and other sources and that may be protected by international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software.

No Warranties and Limitation of Liability. Information provided on the website is provided “as is” without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, or noninfringement. EU Flight Delay periodically adds changes, improves or updates the information and documents on the website without notice. EU Flight Delay assumes no liability or responsibility for any errors or omissions in the content of the website. Your use of the website is at your own risk. Under no circumstances and under no legal theory shall EU Flight Delay, its suppliers or any other party involved in creating, producing or delivering the website’s contents be liable to you or any other person for any indirect, special, incidental or consequential damages of any character arising from your access to, or use of, the website. Other than as expressly set out in these Terms of Service or additional terms, neither EU Flight Delay, LLC nor its affiliates, agents, or suppliers, make any specific promises about the Services. EU Flight Delay, LLC and its affiliates, officers, agents, employees, and suppliers will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. In all cases, EU Flight Delay, LLC and its affiliates, officers, agents, employees, and suppliers, will not be liable for any loss or damage that is not reasonably foreseeable. If you are dissatisfied with any material, or with, any of EU Flight Delay terms and conditions, your sole and exclusive remedy is to discontinue using the EU Flight Delay website.

Links to Third Party Sites. If you use any links on the website to websites not maintained by EU Flight Delay, you will leave EU Flight Delay’s website. The linked sites are not under the control of EU Flight Delay and EU Flight Delay is not responsible for the contents of any linked site or any link contained on a linked site.

Termination. This Agreement is effective until terminated by EU Flight Delay or upon completion of the Service. EU Flight Delay may terminate its Services at any time without notice if you violate these Terms of Service, use the Services for any unlawful purpose, or for any other reason EU Flight Delay deems appropriate.

Entire Agreement. This Terms of Service Agreement constitutes the entire agreement between EU Flight Delay and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral.

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Colorado, USA without giving effect to any principles or conflicts of law.

Arbitration. In the event any dispute, controversy, or claim arises under the Terms of Service or the Service itself, the parties shall enter into good faith negotiations. If the dispute cannot be resolved through good faith negotiations the dispute will be settled by arbitration in Jefferson County, Colorado, USA pursuant to the rules then obtaining of the American Arbitration Association. Any award shall be final, binding and conclusive upon the parties and a judgment rendered thereon may be entered in any court having jurisdiction thereof.

Severability. If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force.

If you have any questions about these Terms of Service, please contact us at info@euflightdelay.com.