Conditions générales Claim it SA

(Version du 01/01/2018)

Classic Formula Fast Cash Formula

Conditions générales Claim it SA - Classic Formula

TABLE OF CONTENTS

Article 1 – Company identity

Article 2 – Scope and conditions

Article 3 – Service Offer and request

Article 4 – The mandate to Claim it

Article 5 – Right of withdrawal

Article 6 – Lapse of mandate after the withdrawal period

Article 7 – Price and payment

Article 8 – Guarantee and liability

Article 9 – Force Majeure

Article 10 – Provision of information

Article 11 – Intellectual Property

Article 12 – Treatment of personal data

Article 13 – Complaints procedure

Article 14 – Nullity of a provision and completeness of the agreement

Article 15 – General points

Article 16 – Applicable law and jurisdiction

 

DEFINITIONS

 

In the context of these terms and conditions, the following terms have the meanings set out below:

Claim it : The Société Anonyme Claim it, whose headquarters is located at 1050 Bruxelles, Avenue Louise 524, registered at the Banque Carrefour des Entreprises registry under the number 0508.808.550, owner and operator of the websites www.claimit.eu, www.claimit.be, www.claimit.de, www.claimit.fr, www.Claim it.be, www.claimit.co.it, www.volretard.be, www.volretard.fr, www.volenretard.be, www.volenretard.fr, www.vertraagdevlucht.be, www.flightdelay.be, www.delayed.be, www.retarddevol.be, www.vluchtvertraging.be, www.claimit.ro, www.claimit.hu, www.claimit.ch, www.claimit.es.

Holder : Any natural or legal person who gives Claim it a mandate or, in general, signs an agreement with Claim it, in order for Claim it to claim, in the name and on behalf of that person and/or of the person(s) that said person represents, the lump sum compensation which is due under Regulation 261/2004.

Consumer : The Holder who is acting for purposes that do not fall within the scope of its commercial, industrial, artisanal or liberal activity.

Mandate : An agreement by which a person, the "principal", gives another person, the "agent", the power to represent it in the performance of one or more legal acts.

The procedural compensation : The fixed contribution to the costs and fees of the winning party's attorney, which is awarded by the court to the winning party, and which must be paid by the losing party.

Service request : The Holder's order by which the latter requests the services of Claim it.

Regulation 261/2004: Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/9128 entered into force on 17 February 2005.

Website : The Website which is accessible via www.claimit.eu, www.claimit.be, www.claimit.de, www.claimit.hu, www.claimit.it, www.claimit.ch and www.claimit.fr, owned and managed by the Limited Company Claim it and through which air passengers may in particular process a Service request.

 

ARTICLE 1   COMPANY IDENTITY

The services referred to in these terms and conditions are offered by:

Claim it SA (hereinafter referred to as: "Claim it")
Avenue Louise 524
1050 BRUSSELS

Email address: info@claimit.be

Phone number: +32 2 888 75 75

Company number: 0508.808.550

VAT number: BE0508.808.550

Bank account number : BE05 0688 9629 4575

 

ARTICLE 2   SCOPE & CONDITIONS

 

  1. These Terms and Conditions apply to each offer and sale of services by Claim it to the Holder, as well as to each Service request that the Holder has forwarded to Claim it. 
  1. Claim it provides its services in several countries of the European Union as well as in countries outside of the European Union. Claim it reserves the right to refuse, at its own discretion, a Service request. In the event that Claim it refuses the Service request, the Holder will always receive a notification to this effect. 
  1. In order to submit an Offer of assignment to Claim it, the Assignor must be at least 18 years of age. If the Assignor is not 18 years old, Claim it will request that the parents or guardian submit the Offer of assignment on its behalf. 
  1. Prior to the communication of the Offer of assignment, Claim it will request the Assignor to acknowledge and then, in the event of full and unreserved agreement, accept the present terms and conditions. By placing an Offer of assignment, the Assignor confirms having first read and accepted these general terms and conditions, which will be considered as an integral part of the contractual relationship with Claim it. 
  1. When the Holder places a Service request, Claim it will send a copy of the general terms and conditions with the order confirmation in a format that the Holder may register and/or print, a step that is recommended by Claim it. 
  1. In the event that, in addition to these general conditions, specific conditions apply, these general conditions will also apply to said special conditions.
    In case of contradiction with these general conditions, the provisions of the specific conditions will apply. 
  1. In the event that the Holder has its own terms and conditions or any other type of contractual document, the Holder expressly acknowledges that only these terms and conditions apply when contracting with Claim it, and hereby waives its own general conditions and/or contractual documents (full agreement).

 

 

ARTICLE 3   SERVICE OFFER AND REQUEST

 

  1. The Holder acknowledges that the Claim it offer contains a complete and accurate description of the services that Claim it offers and the ordering methods that the Holder may use in order to place a Service request. The description is sufficiently detailed to allow the Holder to properly evaluate the offer. 
  1. Claim it offers its services to air passengers who have suffered a delay of three hours or more, a flight cancellation or have been denied boarding against their will and who fulfil, or appear to fulfil, the conditions giving entitlement to the fixed compensation provided for in article 7 of Regulation 261/2004. Claim it supports and represents travelers for the payment of the lump sum compensation to which they are entitled under Regulation 261/2004. 
  1. A Service request may be made in a number of ways, in particular by email, by mail or via the form found on the Website.   

 

In the case where the Holder submits a Service request via the form on the Website:  :

  • On the first page of the form, the Holder must:

 

  1. Indicate the data identifying the flight(s) in question
  2. Indicate the number of passengers who traveled with them (including the Holder) and who would also like Claim it to claim the compensation to which they believe they are entitled
  3. Indicate if it has suffered a delay, cancellation or has been denied boarding, or has missed a connecting flight
  4. Answer a question that arises from the choice made in point 3, unless the Holder has indicated that it has been denied boarding against its will
  5. Indicate an email address

 

  • On the second page of the form, the Holder must indicate, on the basis of the information provided on the first page of the form, whether it considers that it would be entitled to compensation on the basis of Regulation 261/2004, or if further analysis would be necessary. Thereafter the Holder must choose between the formula « Fast Cash » and the formula « Classic ».

 

  • On the third page of the form, where the Holder has opted for the formula "Classic", the Holder must:

 

  1. Provide personal identification and contact data
  2. Provide the name(s), first name(s), sex(es) and date(s) of birth of the passenger(s) to be included in the Service request
  3. Reply to a few questions in order to gain a better understanding of the problem encountered during the flight(s) that is(are) the subject of the Service request. The Holder may also provide additional information
  4. Read these general conditions and, if in agreement, tick the box provided for this purpose

 

In this respect, it should be pointed out, one, that ticking the box clearly implies the agreement of the Holder to these terms and conditions, two, that the Service request cannot be made if the Holder does not tick this box and, three, that the Holder may download the general conditions in PDF format before agreeing to the application of the same.

At the end of the third page of the form, and provided that all the mandatory fields have been completed, the Holder should confirm its Service request by clicking on the box provided for this purpose. The Service request will then be presented and, if accepted by Claim it, the agreement will be validly concluded.

 

ARTICLE 4   THE MANDATE TO CLAIM IT

 

  1. The agreement between Claim it and the Holder will be considered to be definitive as soon as Claim it has confirmed in writing that it accepts the Service request. 
  1. The agreement which the Holder concludes with Claim it is a mandate agreement in the most extensive sense of articles 1984 et seq. of the Belgian Civil Code. 

The Holder acknowledges that the agreement with Claim it consists in particular of an ad litem mandate in that the Holder acknowledges that it gives Claim It the right to act on its behalf and for its account and to represent it in Court (submission of the request and administration/monitoring of the dispute) in the context of any legal proceedings (civil or criminal) for the payment of all or part of the compensation which is the subject of the agreement. It is specified that this right also extends to judicial interests and all costs and expenses, including procedural compensation and/or any equivalent compensation.

By entering into an agreement with Claim it, the Holder acknowledges in particular that it authorises Claim it to carry out any act considered useful or necessary by Claim it, including, in particular, the finalisation and signing of a transaction, the engagement of a lawyer for the initiation and the follow-up of a legal appeal, and the appeal to a bailiff.

  1. For the duration of the agreement, the Holder will be forbidden from assigning its claim and, secondly, from communicating directly and/or indirectly, personally and/or through any third party acting in its name and/or on its behalf, with the airline and/or a representative of the latter, concerning the compensation which is the subject of the agreement.

In addition, by entering into an agreement with Claim it, the Holder acknowledges, on the one hand, not to have assigned its claim and, on the other hand, not to have contracted with a third party, whether free of charge or onerous, for the purpose of recovery of the Compensation which is the subject of the agreement with Claim it. 

  1. Claim it may, in the performance of its mandate, appoint a lawyer in the name and on behalf of the Holder to initiate and monitor a legal proceeding. Before initiating a legal proceeding, the Holder will be contacted by Claim it or its lawyer with details as to the identity of said lawyer and the notification that a judicial procedure will be filed before the competent court, with the objective of recovering the payment of all or part of the compensation which is the subject of the agreement.
  1. If the Holder does not agree with the choice of the lawyer for whatever reason, it must inform Claim it within 3 days from the date that Claim it sent the notification referred to in point 4 of this article. In this case, the Holder will terminate the contractual relationship with Claim it and must pay to Claim it an amount equivalent to 30,25% including VAT of the lump sum compensation which is the subject of the agreement.

 

 

ARTICLE 5   RIGHT OF WITHDRAWAL

 

  1. The Holder will have a period of 14 days from the date of the presentation of the Service request or the signature of the mandate to retract its Service request or to withdraw from the agreement. During this period, the Holder may retract its order without compensation and without giving reasons. Within 14 days of notification of the exercise of its right of withdrawal, Claim it will confirm to the Holder the withdrawal of the Request for service or the mandate. 
  1. In order to execute the right of withdrawal in a correct and expeditious manner, the Holder may fill out and send the form set out below by mail to Claim It, Avenue Louise 524, 1050 BRUSSELS. Claim it will send a confirmation of receipt of the withdrawal by mail. 
  1. This section applies only to a Holder falling within the legal definition of a Consumer (See "Definitions")

 

WITHDRAWAL FORM

For the attention of Claim it SA, Avenue Louise 524 in 1050 Brussels:

 - I/We (*) hereby notify you (*) of my/our (*) withdrawal from the agreement for the sale of the goods(*)/for the provision of services (*) below ______________________________________________________________________________________________________________________________________________________________________

______________________________________________________________________________________________________________________________________________________________________

 - Ordered on (*)/received on (*) __________________________________________________________

 - Name of the Consumer(s) _______________________________________________________

 - Address of the Consumer(s) ____________________________________________________

 - Signature of consumer(s) (only if this form is notified on paper) ____________________________________________________________________________

 - Date __________________

 

(*) Cross out inapplicable words”.

 

 

ARTICLE 6   WITHDRAWAL OF MANDATE – TERMINATION OF CONTRACTUAL RELATIONSHIP

 

  1. The Holder may, at any time and without notice, revoke the mandate or, in general, terminate the contractual relationship with Claim it by giving written notification to Claim it by mail or e-mail. 
  1. If the Holder revokes the mandate or, in general, terminates the agreement with Claim it between the time of the presentation of the Service request and the expiry of the three-day period referred to in article 4, point 5, of these general conditions, it must pay to Claim it an amount equivalent to 30,25% including VAT of the compensation which is the subject of the agreement. This amount will be due as compensation for services already provided by Claim it. 
  1. If the Holder revokes the mandate or, in general, terminates the agreement with Claim it, after the expiry of the period referred to in article 4 point 5 of these general conditions but before the filing of a legal appeal, the Holder must pay to Claim it an amount equivalent to 30,25% including VAT of the compensation which is the subject of the agreement (as remuneration for services already provided by Claim it), increased by a lump sum of €50. 
  1. If the Holder revokes the mandate or, in general, terminates the agreement with Claim it, after the filing of a legal appeal, the Holder must pay Claim it an amount equal to 30.25% including VAT of the compensation which is the subject of the agreement (as remuneration for services already provided by Claim it), increased by a lump sum of €50, as well as all the costs and expenses incurred by Claim it in the context of the judicial procedure. Moreover, from the moment of the notification of the Holder, Claim it will no longer be liable to pay any fees related to the legal proceedings that have been initiated. The Holder will bear all costs related to the legal proceedings, and will be solely liable for the administration and consequences of the legal proceedings. 
  1. The holder expressly acknowledges that the following situations will be automatically, unless otherwise decided by Claim it, considered to constitute a revocation of the mandate or, in general, a termination of the agreement entered into with Claim it, by the Holder and will result in the obligation for the latter to pay to Claim it the amounts provided for in points 2, 3 or 4 of this article, as from the time that Claim it becomes aware of said situation(s)
  • The Holder or any third party acting in its name and/or on its behalf, has received all or part of the compensation requested by Claim it, without Claim it being informed within 3 calendar days from the date of the receipt of the amount;
  • The Holder has contracted with a service provider other than Claim it to obtain all or part of the compensation, regardless of whether the Holder had entered into said agreement before or after having contracted with Claim it;
  • The Holder has instructed a third party, other than Claim it, to act in its name and/or on its behalf in order to obtain all or part of the compensation, and regardless of whether the Holder had instructed this third party before or after having contracted with Claim it;
  • The Holder has accepted as full settlement a payment from the airline company, or from another person acting on behalf of the airline company. The term payment is to be interpreted in the broadest sense (money, voucher, discount coupon, ...);
  • The Holder does not respect and/or has not respected points 1 and 2 of article 10 of these terms and conditions;
  • The Holder does not send to Claim it the documents requested by the latter in order to be able to continue the recovery of the compensation which is the subject of the agreement;
  • The lump sum compensation claimed by Claim it is not obtained, or cannot be obtained, due to, in whole or in part, the communication of incorrect or incomplete information sent by the Holder, missing information, or the non-communication and/or incorrect or incomplete communication of information referred to in point 2 of article 10, or expressly requested by Claim it;
  • The legal request for payment of the fixed compensation is declared inadmissible or unfounded by a court due to, in whole or in part, the communication of incorrect or incomplete information sent by the Holder or in its name and/or on its behalf, missing information, or the non-communication and/or incorrect or incomplete communication of information referred to in point 2 of article 10, or expressly requested by Claim it;
  • The Holder does not respond accurately and completely to any question(s) and/or request for information and/or document(s) by Claim it, within a period of 5 calendars days from the sending of the question, or request for information and/or document(s) by Claim it;
  • In general terms, the Holder does not cooperate with Claim it.

 

It is specified that, in all the cases mentioned above, if a judicial procedure has already been initiated at the time of the termination of the agreement or the revocation of the mandate, Claim it will no longer be held liable for the payment of any costs relating to said procedure. The Holder will bear all costs related to the legal proceedings, and will be solely liable for the administration and consequences of the legal proceedings. 

  1. Before initiating the claim process, Claim it will ask the Holder to provide, for itself and, where applicable, for each passenger for whom the Holder has indicated that it wishes Claim it to recover compensation, a copy of the reservation and/or boarding card, a copy of the passport or identity card, and the signed mandate. 

By contracting with Claim it, the Holder undertakes to provide to Claim it all the documents mentioned in the preceding paragraph. 

If, despite two reminders from Claim it, and after 7 calendar days from the sending of the second reminder, the Holder has still not sent all the required documents, it will be considered, ipso jure and without prior notice, that the Holder wishes to terminate the contractual relationship with Claim it. 

In this case, the Holder must pay to Claim it an amount of €60.50 including VAT in consideration of the administrative work performed by Claim it in the context of the contractual relationship. 

  1. Claim it may revoke the mandate or, in a general manner, terminate the contractual relationship with the Holder, at any time, without notice and without compensation, and as long as no originating summons has been served. 

This is justifiable as Claim it, acting on the principle of "no cure, no pay", must advance money for the purpose of obtaining the compensation, but that said compensation is not always due and/or possible and/or easy to obtain. There are a number of situations that exclude or limit the possibility of obtaining compensation under Regulation 261/2004 (examples: no competent court in Belgium / the airline company suffers extraordinary circumstances / Claim it does not have proof of delay, cancellation or denial of boarding / the case-law of the competent judge is prejudicial vis-à-vis passengers / etc.). 

  1. If a legal claim is filed, and if the appeal is declared, at first instance, inadmissible or unfounded, Claim it is under no circumstances obliged to resubmit a claim, or to file an ordinary or extraordinary appeal against this judgment.

 

ARTICLE 7   PRICE AND PAYMENT

 

  1. The price will differ according to the period within which the Holder submits the Service request.

1.1.If the Holder submits the Service request at the latest by the 15th day following the day of the flight which gave entitlement to the flat-rate compensation provided for in Regulation 261/2004:

-  If Claim it succeeds in collecting all or part of the compensation claimed under Regulation 261/2004, it will be entitled to a remuneration equal to 30.25% including VAT (25% excluding VAT) of the total amount received.

1.2. In the event that the Holder submits the Service request after the 15th day following the flight giving entitlement to the flat-rate compensation provided for in Regulation 261/2004:

-  If Claim it succeeds in collecting all or part of the compensation claimed under Regulation 261/2004, it will be entitled to remuneration equal to 30.25% including VAT (25% VAT excluded) of the total amount received, plus €20.00 including VAT per person.

  1. The period referred to in point 1 of this article will begin to run from the day after the day on which the departure of the flight was initially scheduled. In the event of a trip with one or more stopovers, only the initial date of the first flight/segment will be taken into account.
  1. Claim it offers its services on the basis of the principle "no cure, no pay". Except in the events referred to in articles 4, 5, 6 and 7 of these general conditions, the Holder will have nothing to pay to Claim It in event of non-receipt of all or part of the compensation claimed.

Notwithstanding, in the event that a legal claim filed for the Holder is declared inadmissible or unfounded, the Holder must pay the procedural compensation which it has been ordered to pay, without being able to claim payment or reimbursement from Claim it.

  1. Claim it may collect the compensation on behalf of the Holder. In this case, within 3 months of the receipt of the payment, and provided that Claim it has the correct account number of the Holder, Claim it will transfer to the Holder the compensation received on its behalf, less the price as determined in point 1 of this article.
  1. The Holder acknowledges that it is entitled to the amount of the fixed compensation provided for under Regulation 261/2004, less the price as determined in point 1 of this article.

The Holder therefore acknowledges that it is not entitled to any other amount that may be paid by the airline company such as, for example, the reimbursement of the costs of filing an appeal, the costs of executing a legal ruling or the payment of procedural compensation.

This also applies in all cases where the airline company (or a third party, on behalf of the airline company) pays all or part of the amount which the airline company has been ordered to pay to the Holder or to any third party in the name of and/or on behalf of the Holder.

In the event that the Holder receives an amount to which it is not entitled, it undertakes to transfer this to Claim it within 3 calendar days from the date of receipt of said amount.

  1. If the transfer by Claim it of the amount due to the Holder is subject to transfer charges (for example: transfer to a non-Belgian bank account), the full cost will be borne by the Holder.
  1. Any increase in the rate of VAT or new tax imposed by law before the invoicing by Claim it of the price of its services, and appliable to this invoice or the related benefits for Claim It will be borne by the Holder.
  1. In the event that Claim it receives payment of all or part of the lump sum Compensation, but has not been informed by the Holder of a bank account to which the amount accruing to the Holder is to be transferred, or if Claim it has been given a bank account number that is clearly wrong (missing a number, etc.), Claim it will send a notification to the Holder that an amount is due, and requesting details of a bank account to which the amount must be paid. If one year passes from the date that Claim sent said communication without a pertinent response from the Holder, the Holder will no longer be able to demand payment by Claim it of the amount which should have been returned in application of these general conditions.
  1. In the event that the airline company, or its representative, pays directly to the account of the Holder, the latter must inform Claim it within 3 calendar days from the date of receipt of said amount.

In this case, Claim it will be entitled, in return for the services provided, to the remuneration provided for in point 1 of this article.

  1. Any amount received by the Holder after the termination of the agreement will be considered, irrefutably, as having been obtained through the intervention of Claim it.
  1. If, for the settlement of any account, the Holder accepts a voucher or a discount coupon, the price determined in point 1 of this article will still be due to Claim it. The remuneration due to Claim it will be calculated on the amount of compensation claimed by Claim it from the airline company.

The amount due must be paid in Euros, and Claim it will not accept vouchers or discount coupons as payment. If applicable, Claim it will send the vouchers and/or discount coupons to the Holder after having collected the payment of the agreed price.

  1. In case of dispute, invoices must be questioned in a reasoned manner within 8 calendar days from their sending to the Holder. If no reasoned objection is communicated within this period, it will automatically be considered that the Holder agrees to the invoice and, in general, to the amount invoiced by Claim it.

The previous paragraph must be understood in the sense that the objection must reach Claim it by no later than the 8th calendar day following the day that the invoice is sent by Claim it.

  1. In the event of non-payment of an invoice within the 8 days referred to in the previous point, the sums due will, ipso jure and without prior notice, be increased by interest calculated at the legal rate, or the rate provided for by the Law of 2 August 2002 on the fight against late payment in commercial transactions (depending on the nature of the Holder) from the receipt of payment by the Holder.

 Moreover, in case of non-payment within this same period, the Holder will be liable to Claim it for the cost of each reminder sent, fixed at a flat rate of €50 per reminder.

The above also applies in case of non-payment of part of the invoiced amount.

No claim or objection authorises the suspension of undisputed payments.

  1. Claim it reserves the right to suspend performance of its obligations in the event of non-payment of an invoice within 8 calendar days following the date of dispatch of this invoice to the Holder.

 

 

ARTICLE 8   GUARANTEE AND LIABILITY

 

  1. Claim it cannot guarantee to the Holder that the compensation claimed will be obtained. Obtaining compensation depends on several factors, which Claim it cannot always influence. 
  1. Claim it is committed to an obligation of means. In the event that Claim it does not obtain the payment of all or part of the Compensation claimed, it cannot be held liable for damages, direct or indirect, suffered by the Holder or by third parties. 
  1. Subject to the provisions of article 9 of these terms and conditions, Claim it cannot be held liable for the delay in the payment of compensation, if it is not responsible for said delay. 
  1. Claim it can under no circumstances be held liable for the consequences of the unavailability of the Website. 

5.1. Applicable to a non-consumer Holder : Claim it will only be liable for fraud. Claim it will in particular be exonerated from gross negligence. Therefore, except in cases of fraud, the liability of Claim it cannot be invoked by the Holder and/or any third party acting in its name and/or on its behalf and/or for the benefit, direct or indirect, of the Holder. 

5.2. Applicable to the Holder falling within the legal definition of "Consumer" : Claim it will only be liable for fraud, gross negligence and damage resulting from any non-fulfilment of an obligation consisting of one of the main services of the agreement. Therefore, except in the three cases mentioned in the previous paragraph, the liability of Claim it cannot be invoked by the Holder and/or any third party acting in its name and/or on its behalf and/or for the benefit, direct or indirect, of the Holder. 

  1. In all cases where Claim it can be held liable, the compensation demanded or due as a result of said liability will in no case exceed the amount of the lump sum compensation claimed by Claim it, on behalf of the Holder, to the airline company (fixed compensation provided by Regulation 261/2004). 
  1. The Holder may not raise any claim or complaint against Claim it in the event that it does not receive the money collected by Claim it (or paid directly to the Holder's account by the airline company or in its name and/or on its behalf) due to the communication to Claim it of an incorrect bank account. This applies in particular to cases where the Holder communicates details of an account containing an error, not existing, or belonging to another person. 
  1. The Holder guarantees Claim it against any demand from a third party and any legal order in favour of a third party resulting, directly or indirectly, from the demand for compensation under Regulation 261/2004 and/or arising from the communication of incorrect or incomplete information transmitted by the Holder or in its name and/or on its behalf, of missing information, or the non-communication and/or incorrect or incomplete communication of information referred to in point 2 of this section 10, or expressly requested by Claim it. 

Said guarantee will consist in particular of the assistance of Claim it in the context of any legal proceedings and, in the event of a sentence against Claim it, the refund to Claim it of the entire amount that it would have to pay to third party(ies).

 

 

ARTICLE 9   FORCE MAJEURE

 

  1. In the event of force majeure, Claim it will not be obliged to respect its obligations towards the Holder. Claim it reserves the right to suspend performance of its obligations throughout the duration of the force majeure, or to cancel permanently the Holder's Service request. 
  1. Force majeure means any circumstances beyond the control of the party concerned that prevent the fulfilment of its obligations to the other party, in whole or in part, but also any circumstances in which Claim it and the Holder are not party to, that they could not reasonably foresee at the time of the signing of the agreement and that they could not avoid, even if these events do not make it totally impossible, but only substantially more difficult or more expensive to execute this agreement. This would be the case, at the very least, whenever the proper performance of the agreement would result in Claim it incurring more costs than the expected financial gain. 

These circumstances include, in particular, strikes, lockouts, labour disputes, fire, technical incidents, power outages, disturbances in the networks, (telecommunications) lines or communication systems used and/or the unavailability of the Website, the absence of delivery or the late delivery by subcontractors or other third parties, and the lack of an authorisation receivable from the pertinent authorities.

 

 

ARTICLE 10   PROVISION OF INFORMATION

 

  1. The Holder guarantees to Claim it that all the information it provides to Claim it when presenting/placing the Service request is correct, accurate and complete. 
  1. The Holder undertakes to inform Claim it, in writing and within a period of 5 calendar days from the Holder becoming aware of this information, of any modification concerning its situation and/or its contact details (change of domicile/residence, change of email address, etc.), as well as any new information relating directly or indirectly to the compensation covered by the agreement (partial or total payment by or on behalf of the airline company, receipt of an email from the airline company concerning the flight in dispute and/or the right to compensation, etc.). 

It is specified that, in the event that the Holder or any third party acting on his behalf and/or on his behalf has received all or part of the compensation claimed by Claim it, the Holder has the obligation to inform Claim it within 3 calendar days from the date of receipt of said amount. 

  1. Claim it will not be liable for any damage that is the direct or indirect consequence, on the one hand, of incorrect information that is provided by the Holder or in its name and/or on its behalf and, on the other hand, of the non-communication or incorrect communication of information by the Holder. 

Furthermore, Claim it will not be liable for damages that are the direct or indirect consequence of missing information. 

  1. When Claim it poses a question or requests information from the Holder, the latter will be obliged to respond in a complete and adequate manner within 5 calendar days of the sending of the communication. Once this period has elapsed, in case of non-response or an incomplete reply, Claim it reserves the right to suspend the performance of its obligations without any formal notice or prior communication to that effect. 

The Holder cannot claim any damage resulting, directly or indirectly, from the suspension by Claim it of the performance of its obligations.

 

 

ARTICLE 11   INTELLECTUAL PROPERTY

 

  1. In general, the agreement does not grant or transfer any intellectual property rights to the Holder. 
  1. It is forbidden to the Holder to make use of and/or to make any modifications to the elements of the Website, for example by reproducing them, without the prior express written consent of Claim it.

 

 

ARTICLE 12   TREATMENT OF PERSONAL DATA

 

  1. In the performance of the agreement with the Holder, Claim it will collect the Holder's personal data. When collecting and using such personal data, Claim it will comply with all applicable laws and regulations.

Claim it refers the Holder to its Rules For The Protection Of Privacy, which are available on the Website. These Rules For The Protection Of Privacy are an integral part of these terms and conditions. 

  1. The Holder agrees that Claim it may use, in the course of its commercial activity (claim for compensation for other customers), all the documents established by Claim it or received by it from the airline companies.

 

 

ARTICLE 13   COMPLAINTS PROCEDURE

 

  1. In the event that the Holder considers that Claim it is not performing, or is performing badly, one or more of its contractual obligations, it undertakes to inform Claim it of this by mail or email. 
  1. In this case, Claim it will have 15 working days from receipt of the notification referred to in point 1 to remedy this/these breach(es) and/or to inform the Holder of the reason why said obligation(s) has/have not been (or has/have been badly) performed. 
  1. In the event that Claim it sends a notification referred to in point 2 of this article, the Holder must state its position with regard to the explanation provided by Claim it. Saulire Invest will then have a further period of 15 working days from receipt of this notification to remedy this/these breach(es) and/or inform the Holder of the reason why said obligation(s) has/have not been (or has/have been badly) performed. 
  1. The Holder acknowledges that it will not file any legal action, initiate any alternative dispute resolution procedure (mediation, arbitration, etc.) and will not unilaterally terminate the agreement with Claim it (termination, resolution, revocation, etc.) without the notifications referred to in points 1 and 3 of this article, and before the expiry of the periods referred to in points 2 and 3 of this article. 
  1. The Holder acknowledges that if it acts in breach of all or part of this article, it will be considered precluded, and its request (in court, mediation, arbitration, etc.) will be considered as inadmissible or, at the very least, unfounded.

 

 

ARTICLE 14   NULLITY OF A PROVISION AND ENTIRE AGREEMENT

 

  1. These terms and conditions constitute the entire agreement between Claim it and the Holder, unless expressly agreed otherwise in writing and arising from the consent of the parties. 
  1. If a provision (article, point or paragraph) of these terms and conditions is considered illegal, void or not able to be invoked for any reason whatsoever, said provision will be considered separately from these terms and conditions, and cannot in any way affect the validity or enforceability of the other provisions. 

Therefore, on the one hand, if one or more complete article(s) is/are considered to be illegal, void or not able to be invoked, this cannot in any way affect the validity and enforceability of the other articles and, on the other hand, if only one or more point(s) (part of an article) or paragraph(s) (part of a point) is/are considered to be illegal, void or not able to be invoked, this cannot in any way affect the validity and enforceability of the other points and the other paragraphs. 

Furthermore, in such an event, Claim it and the Holder undertake to replace the illegal, void or non-invocable provision with a provision pursuing the same purpose as this provision and, to the extent possible, with equivalent effect, in order to restore the contractual balance.

 

 

ARTICLE 15   GENERAL

 

  1. The fact that a specific condition overrides one of the provisions of these conditions does not exclude the application of the other provisions. 
  1. Except in the case of a written override, the Holder waives its own terms and conditions by the same fact that it is placing an order with Claim it. 
  1. Headings of the clauses of this Agreement are for ease of reference only and do not affect any interpretation. 

The terms in singular also mean the plural and vice versa, and the masculine includes the feminine. 

Other grammatical forms of a word or phrase defined in these terms and conditions have a corresponding meaning. 

  1. Unless otherwise indicated, all prices and methods of determining prices are in Euros. 
  1. The fact that Claim it does not enforce any clause established in its favour in these terms and conditions will not be construed as a waiver on its part to avail itself thereof.

 

 

ARTICLE 16   APPLICABLE LAW AND JURISDICTION

 

  1. The contractual relationship between Claim it and the Holder is subject to Belgian law. 
  1. Any dispute arising from this agreement, its conclusion, its interpretation, its execution, its non-performance or its dissolution, or its repercussions and consequences, will fall under the exclusive competence of the French-speaking jurisdictions of the District of Brussels.

 

 

 

Conditions générales Claim it SA - Fast Cash Formula

TABLE OF CONTENTS

Article 1 – Company identity

Article 2 – Scope and conditions

Article 3 – Offer of assignment

Article 4 – Assignment of claim

Article 5 – Price and payment

Article 6 – Retrocession

Article 7 – Guarantee

Article 8 – Right of withdrawal

Article 9 – Expiry / Invalidity

Article 10 – Notification of the assignment of claim

Article 11 – Provision of information

Article 12 – Intellectual Property

Article 13 – Treatment of personal data

Article 14 – Complaints procedure

Article 15 – Nullity of a provision and completeness of the agreement

Article 16 – General points

Article 17 – Applicable law and jurisdiction

 

DEFINITIONS

In the context of these terms and conditions, the following terms have the meanings set out below: 

Saulire Invest : Société Anonyme Saulire Invest, whose registered office is located at 1050 Brussels, Avenue Louise 375, registered at the Banque Carrefour des Entreprises registry under number 679.708.593. 

Regulation 261/2004: Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/9128 entered into force on 17 February 2005.

Claim : Lump sum compensation due, pursuant to Regulation 261/2004, for denied boarding, cancellation, or delay of three hours or more of a flight.

Assignment of claim : Mechanism by which a creditor - the assignor - assigns to another person - the assignee - a claim it holds in respect of a third person - called the assigned debtor.

Offer of assignment : The act by which the holder of a Claim offers to assign this Claim to a specific natural or legal person subject to certain conditions.

Agreement : Assignment of a Claim.

Assignor : A natural or legal person who assigns a claim that belongs to it.

Assignee : A natural or legal person who acquires and becomes the holder of the Claim.

Assigned debtor : Natural or legal person who is the debtor of the Claim that has been the subject of an assignment.

Consumer : The Assignor who is acting for purposes that do not fall within the scope of its commercial, industrial, artisanal or liberal activity.

Website : The Website which is accessible via www.claimit.eu, www.claimit.be, www.claimit.de, www.claimit.hu, www.claimit.it, www.claimit.ch and www.claimit.fr, owned and managed by the Limited Company Claim It and through which air passengers may in particular process an Offer of Assignment.

 

ARTICLE 1  COMPANY IDENTITY

The services referred to in these terms and conditions are offered by:

Saulire Invest SA (hereinafter: "Saulire Invest")
Avenue Louise 375
1050 BRUSSELS

Email address: info@saulire.eu

Phone number: +32 2 888 75 75

Company number: 679.708.593

VAT number: BE0679.708.593

Bank account number: BE05068907304075

 

ARTICLE 2  SCOPE & CONDITIONS 

  1. These Terms and Conditions apply to each Assignment Offer and each Agreement. 
  1. Saulire Invest provides its services in several countries of the European Union as well as in countries outside of the European Union. Saulire Invest reserves the right to refuse, at its own discretion, an Offer of assignment. In the event that Saulire Invest refuses the Offer of assignment, the Assignor will always be notified to this effect. 
  1. In order to submit an Offer of assignment to Saulire Invest, the Assignor must be at least 18 years of age. If the Assignor is not 18 years old, Saulire Invest will request that the parents or guardian submit the Offer of assignment on its behalf. 
  1. Prior to the communication of the Offer of assignment, Saulire Invest will request the Assignor to acknowledge and then, in the event of full and unreserved agreement, accept the present terms and conditions. By placing an Offer of assignment, the Assignor confirms having first read and accepted these general terms and conditions, which will be considered as an integral part of the contractual relationship with Saulire Invest. 
  1. When the Assignor places an Offer of assignment, Saulire Invest, or its representative, will send a copy of the general terms and conditions with the order confirmation in a format that the Assignor may register and/or print, a step that is recommended by Saulire Invest. 
  1. In the event that, in addition to these general conditions, specific conditions apply, these general conditions will also apply to said special conditions.

In case of contradiction with these general conditions, the provisions of the specific conditions will apply. 

  1. In the event that the Assignor has its own terms and conditions or any other type of contractual document, the Assignor expressly acknowledges that only these terms and conditions apply when contracting with Saulire Invest, and hereby waives its own general conditions and/or contractual documents (full agreement).

 

 

ARTICLE 3  OFFER OF ASSIGNMENT 

  1. The Assignor acknowledges that the Saulire Invest Offer contains a complete and accurate description of the services Saulire Invest is offering and the ordering methods that the Assignor may use in order to place an Offer of assignment. The description is sufficiently detailed to allow the Assignor to properly evaluate the offer. 
  1. Saulire Invest offers its services to air passengers who have suffered a delay of three hours or more, a flight cancellation or have been denied boarding against their will and who fulfil, or appear to fulfil, the conditions giving entitlement to the fixed compensation provided for in article 7 of Regulation 261/2004. Saulire Invest offers to buy travelers' claims, consisting mainly of lump sum compensation to which they are entitled under Regulation 261/2004. 
  1. An Offer of assignment may be made in a number of ways, in particular by email, by mail or via the form found on the Website.
    In the event that the Assignor makes an Offer of assignment via the form on the Website: 
  • On the first page of the form, the Assignor must: 
  1. Indicate the data identifying the flight(s) in question
  2. Indicate the number of passengers who traveled with them (including the Assignor)
  3. Indicate if it has suffered a delay, cancellation or has been denied boarding, or has missed a connecting flight
  4. Answer a question that arises from the choice made in point 3, unless the Assignor has indicated that it has been denied boarding against its will
  5. Indicate an email address 
  • On the second page of the form, the Assignor must indicate, on the basis of the information provided on the first page of the form, whether it considers that it would be entitled to compensation on the basis of Regulation 261/2004, or if further analysis would be necessary. Thereafter the Assignor must choose between the formula "Fast Cash" and the formula "Classic".   
  • On the third page of the form, if the Assignor has opted for the formula "Fast Cash", the Assignor must: 
  1. Provide personal identification and contact data
  2. Provide the name(s), first name(s), sex(es) and date(s) of birth of the passenger(s) to be included in the Offer of assignment
  3. Reply to a few questions in order to gain a better understanding of the problem encountered during the flight(s) that is(are) the subject of the Offer of assignment. The Assignor may also provide additional information
  4. Read these general conditions and, if in agreement, tick the box provided for this purpose


In this respect, it should be pointed out, one, that ticking the box clearly implies the agreement of the Assignor to these terms and conditions, two, that the Offer of assignment cannot be made if the Assignor does not tick this box and, three, that the Assignor may download the general conditions in PDF format before agreeing to the application of the same. 

At the end of the third page of the form, and provided that all the mandatory fields have been completed, the Assignor should confirm its Offer of assignment by clicking on the box provided for this purpose. The Offer of assignment will then be presented and, in the event of acceptance by Saulire Invest, the Agreement will be validly concluded. 

  1. By presenting an Offer of service to Saulire Invest, the Assignor proposes the assignment of the Claim to Saulire Invest.

 

 

ARTICLE 4  ASSIGNMENT OF THE CLAIM 

  1. If the Offer of assignment is accepted by Saulire Invest, the Agreement will be considered definitively concluded.

 

  1. The Agreement will be validly formulated, ipso jure, on the day of acceptance of the Offer of assignment by Saulire Invest.

 

  1. The formulation of the Agreement entails the transfer in favour of Saulire Invest, from the date of acceptance of the Offer of assignment, of all of the rights making up the assigned Claim, and all of the rights related to this.

 

From the date of acceptance of the Offer of assignment, Saulire Invest will have full rights to dispose of the assigned Claim as owned property.

 

Saulire Invest will have, in particular, the sole right to receive and recover any amount due or to be due by the assigned Debtor in respect of the assigned Claim (principal, interest, penalties, commissions, costs and incidentals, or other attached rights) thereby acquired, on its sole acquitance.

 

 

ARTICLE  5  PRICE AND PAYMENT 

  1. In consideration of the assignment of the Claim, Saulire Invest undertakes to pay the Assignor a sum, including any taxes, of: 

- 90 € when the Assignor is entitled to compensation of €250 on the basis of Regulation 261/2004

- 140 € when the Assignor is entitled to compensation of €400 on the basis of Regulation 261/2004

- 200 € when the Assignor is entitled to compensation of €600 on the basis of Regulation 261/2004 

The reason for these prices can be justified, in particular, by the random nature of the recovery of the Claim, by the transfer of risk that the assignment of the Claim entails, as well as the speed of payment and the recovery cost. 

  1. Saulire Invest will pay the agreed price within 5 calendar days following the day of acceptance or, if the Assignor has not yet sent all the required documents, from the submission of all said required documents. 

The required documents are as follows: 

- Copy of the Assignor's reservation and/or boarding pass(es)

- Copy of the Assignor's passport or identity card

- Document, communicated by Saulire Invest, attesting to the assignment of the Claim, completed and signed

 

 

ARTICLE 6   RETROCESSION

  1. In the event that the Assignor receives payment of all or part of the Claim after the acceptance of the Offer of assignment, whether that payment occurs before or after the notification provided for in article 10 of these general conditions, the Assignor will be obliged:  

- à to notify Saulire Invest of this fact within 3 business days of receipt of the money and,

- à to remit to Saulire Invest the full amount of the Claim received, as well as any incidental amounts and interest, within 5 working days of receipt of the money 

  1. After this period of 5 days, the sums due, or remaining due, will, ipso jure and without prior notice, be increased by interest calculated at the legal rate, or at the rate provided for by the Law of 2 August 2002 concerning the fight against late payment in commercial transactions (depending on the nature of the Assignor) from the receipt of payment by the Assignor. 

In addition, in such an event, the Assignor will be liable to Saulire Invest for an amount of €50 for each reminder sent by Saulire Invest or its representative.

 

 

ARTICLE 7  GUARANTEE 

  1. Except in the case of extraordinary circumstances as set out in Regulation 261/2004, the Assignor guarantees that it is the holder of the Claim. 

The Assignor guarantees its nature, legal capacity, and ability to enter into a contract. 

The Assignor also guarantees that it is in free and full possession of its assets. That is, the Assignor states that it is not under temporary administration or under any trusteeship, bankruptcy, judicial reorganisation procedure or collective settlement of debts, and that no procedure is open in this regard, and that a motion for such a proceeding has not been filed. 

In general terms, the Assignor guarantees the Claim and the accuracy of all information provided to Saulire Invest, and ensures that it has fully and correctly informed Saulire Invest.

 

 

ARTICLE 8  RIGHT OF WITHDRAWAL 

  1. The Assignor will have a period of 14 days from the date of the presentation of the Offer of assignment to retract its Offer of assignment or to withdraw from the Agreement. During this period, the Assignor may retract its order without compensation and without giving reasons. Within 14 days of notification of the exercise of its right of withdrawal, Saulire Invest will confirm to the Assignor the withdrawal of the Offer of assignment or the Agreement. 
  1. In order to execute the right of withdrawal in a correct and expeditious manner, the Assignor may fill out and send the form set out below by mail to Saulire Invest SA, Avenue Louise 524, 1050 BRUSSELS. Saulire Invest will send a confirmation of receipt of the withdrawal by mail. 
  1. This section applies only to an Assignor falling within the legal definition of a Consumer (See "Definitions") 
  1. The withdrawal will be effective as from the moment at which, and at the conditions that, the Assignor has reimbursed any amount received from Saulire Invest.

 

WITHDRAWAL FORM

 For the attention of Saulire Invest SA, Avenue Louise 524, 1050 Brussels:

 

 - I/We (*) hereby notify you (*) of my/our (*) withdrawal from the agreement for the sale of the goods(*)/for the provision of services (*) below

___________________________________________________________________________________________________________________________________________________________________

___________________________________________________________________________________________________________________________________________________________________

 
- Ordered on (*)/received on (*)__________________________________________________________

 - Name of the Consumer(s) _______________________________________________________

 - Address of the Consumer(s) ____________________________________________________

 - Signature of consumer(s) (only if this form is notified on paper)

____________________________________________________________________________

 
- Date __________________

  (*) Cross out inapplicable words”.

 

 

 

ARTICLE 9              EXPIRY/INVALIDITY 

  1. In the event of one of the following circumstances, this agreement will terminate ipso jure and without prior notice: 

- the Assignor does not hold the Claim

- the Assignor does not have the nature set forth herein or has no legal capacity or ability to enter into a contract

- the Assignor is under provisional administration or similar

- the Assignor is declared bankrupt or in judicial reorganisation or collective debt settlement, or a proceeding to that effect is initiated, or a petition for such proceedings has been filed

 

  1. In the event of one of the events listed above, the Assignor undertakes to refund the agreed price to Saulire Invest within 2 working days of the notification by Saulire Invest of the end of the Agreement. 

In addition, the Assignor will be liable for: 

- interest calculated at the legal rate or the rate provided for by the Law of 2 August 2002 on the fight against late payment in commercial transactions (depending on the nature of the Assignor) from the payment of the agreed price by Saulire Invest to the Assignor, and

- an amount of €50 for each reminder sent by Saulire Invest or its representative

 

 

ARTICLE 10  NOTIFICATION OF ASSIGNMENT OF THE CLAIM

  1. Saulire Invest will notify the assignment of the Claim to the assigned Debtor.

 

 

ARTICLE 11   PROVISION OF INFORMATION

  1. The Assignor guarantees to Saulire Invest that all the information it provides when submitting the Offer of assignment is correct, accurate and complete. 
  2. The Assignor undertakes to inform Saulire Invest, in writing and within 3 working days of the information being received by the Assignor, of any new information relating, directly or indirectly, to the Claim which is the subject of the Agreement. 
  1. When Saulire Invest, or its representative, poses a question or requests information from the Assignor, the latter will be obliged to respond in a complete and adequate manner within 5 calendar days of the sending of the communication. 

 

 

ARTICLE 12   INTELLECTUAL PROPERTY

  1. In general, the agreement does not grant or transfer any intellectual property rights to the Assignor. 
  2. It is forbidden for the Assignor to make use of and/or modify the elements of the Website, for example by reproducing them.

 

 

ARTICLE 13   TREATMENT OF PERSONAL DATA

  1. In the performance of the agreement with the Assignor, Saulire Invest will collect the Assignor's personal data. When collecting and using such personal data, Saulire Invest will comply with all applicable laws and regulations. 

Saulire Invest refers the Assignor to its Rules For The Protection Of Privacy, which are available on the Website. These Rules For The Protection Of Privacy are an integral part of these terms and conditions. 

  1. The Assignor agrees that Saulire Invest may use, in the course of its commercial activity, all the documents established by Saulire Invest or received by the latter from the assigned Debtor.

 

 

ARTICLE 14  COMPLAINTS PROCEDURE 

  1. In the event that the Assignor considers that Saulire Invest is not performing, or is performing badly, one or more of its contractual obligations, it undertakes to inform Saulire Invest of this by mail or email. 
  1. In this case, Saulire Invest will have 15 working days from receipt of the notification referred to in point 1 to remedy this/these breach(es) and/or to inform the Assignor of the reason why said obligation(s) has/have not been (or has/have been badly) performed. 
  1. In the event that Saulire Invest sends a notification referred to in point 2 of this article, the Assignor will state its position with respect to the explanation provided by Saulire Invest. Saulire Invest will then have a further period of 15 working days from receipt of this notification to remedy this/these breach(es) and/or inform the Assignor of the reason why said obligation(s) has/have not been (or has/have been badly) performed. 
  1. The Assignor acknowledges that it will not file any legal action, initiate any alternative dispute resolution procedure (mediation, arbitration, etc.) and will not unilaterally terminate the agreement with Saulire Invest (termination, resolution, revocation, etc.) without the notifications referred to in points 1 and 3 of this article, and before the expiry of the periods referred to in points 2 and 3 of this article. 
  1. The Assignor acknowledges that if it acts in breach of all or part of this article, it will be considered precluded, and its request (in court, mediation, arbitration, etc.) will be considered as inadmissible or, at the very least, unfounded.

 

 

ARTICLE 15   NULLITY OF A PROVISION AND ENTIRE AGREEMENT

  1. These terms and conditions constitute the entire agreement between Saulire Invest and the Assignor, unless expressly agreed otherwise in writing and arising from the consent of the parties. 
  2. If a provision (article, point or paragraph) of these terms and conditions is considered illegal, void or not able to be invoked for any reason whatsoever, said provision will be considered separately from these terms and conditions, and cannot in any way affect the validity or enforceability of the other provisions. 

Therefore, on the one hand, if one or more complete article(s) is/are considered to be illegal, void or not able to be invoked, this cannot in any way affect the validity and enforceability of the other articles and, on the other hand, if only one or more point(s) (part of an article) or paragraph(s) (part of a point) is/are considered to be illegal, void or not able to be invoked, this cannot in any way affect the validity and enforceability of the other points and the other paragraphs. 

Furthermore, in such an event, Saulire Invest and the Assignor undertake to replace the illegal, void or non-invocable provision with a provision pursuing the same purpose as this provision and, to the extent possible, with equivalent effect, in order to restore the contractual balance.

 

 

ARTICLE 16   GENERAL 

  1. The fact that a specific condition overrides one of the provisions of these conditions does not exclude the application of the other provisions. 
  1. Except in the case of a written override, the Assignor waives its own terms and conditions by the same fact that it is placing an order with Saulire Invest. 
  1. Headings of the clauses of this Agreement are for ease of reference only and do not affect any interpretation. 

The terms in singular also mean the plural and vice versa, and the masculine includes the feminine. 

Other grammatical forms of a word or phrase defined in these terms and conditions have a corresponding meaning. 

  1. Unless otherwise indicated, all prices and methods of determining prices are in Euros. 
  1. The fact that Saulire Invest does not enforce any clause established in its favour in these terms and conditions will not be construed as a waiver on its part to avail itself thereof.

 

 

ARTICLE 17  APPLICABLE LAW AND JURISDICTION

  1. The offer of assignment and the Agreement are subject to Belgian law.
  1. Any dispute arising from this agreement, its conclusion, its interpretation, its execution, its non-performance or its dissolution, or its repercussions and consequences, will fall under the exclusive competence of the French-speaking jurisdictions of the District of Brussels.