(Version du 15/06/2019)
General Conditions Globafinance SPRL/BVBA (Claim it)
TABLE OF CONTENTS
Article 1 - Company Identity
Article 2 - Scope and contractual conditions
Article 3 - Offer and Request for Services
Article 4 - Claim it authorisation
Article 5 - Claimant obligations and guarantees
Article 6 - Price and payment
Article 7 - Contract termination
Article 8 - Claim it warranty and liability
Article 9 - Right of withdrawal
Article 10 - Intellectual property
Article 11 - Processing of personal data
Article 12 - Complaint procedure
Article 13 - Invalidity of a provision and entire contract
Article 14 - Solidarity and indivisibility
Article 15 - General
Article 16 - Applicable law and choice of forum
In the context of these terms and conditions, the meanings of the following terms are set out below:
Claim it: The commercial name of the Private Limited Liability Company Globafinance SPRL/BVBA, whose registered office is located at 1050 Brussels, Avenue Louise 500, registered with the Carrefour Business Bank under the number 0597.610.565, operator of the websites:
www.claimit.eu, www.claimit.be, www.claimit.nl, www.claimit.de, www.claimit.fr, www.claim-it.be, www.claimit.it, www.claimit.ru, 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.
Regulation 261/2004: Regulation (EC) n°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, entered into force on 17 February 2005.
Compensation: Lump-sum payment provided for in Article 7 of Regulation 261/2004.
Claimant: Any natural or legal person who gives Claim it authorisation to claim, in its name and on its behalf and/or in the name and on behalf of the person(s) it represents, the Compensation which is owed to them on the basis of Regulation 261/2004.
Principal Claimant: The Claimant for whom Claim it has contact details and with whom Claim it communicates mainly, or exclusively, with regards to the file. In general, it is the Claimant who opens a file at Claim it for one or more persons who will (also) be considered as Claimants from the moment they communicate a signed Certificate of Authorisation to Claim it.
The Principal Claimant is a Claimant. However, among Claimants in the same file, there is only one Principal Claimant.
Consumer: The Claimant who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal or self-employed activity.
Request for services: The Claimant's order by which the latter expresses his wish to benefit from the services of Claim it.
Authorisation: A contract 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.
Certificate of authorisation: Document communicated by Claim it and certifying, in particular, the Authorisation that the Claimant grants to Claim it.
Procedural Compensation: The contribution in 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.
Website: The Website which is accessible via www.claimit.eu, www.claimit.be, www.claimit.nl, www.claimit.de, www.claimit.fr, www.claim-it.be, www.claimit.it, www.claimit.ru 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 and www.claimit.es managed by Claim it and through which air passengers may submit a Request for Services.
Third parties: Any natural or legal person other than the Claimant and Claim it. It may include another Claimant or an airline.
ARTICLE 1 COMPANY IDENTITY
The services referred to in these terms and conditions are offered by:
Globafinance SPRL / BVBA (hereinafter: "Claim it")
Avenue Louise 500
Email address: email@example.com
Company number: 0597.610.565
VAT number: BE0597.610.565
ARTICLE 2 SCOPE & CONTRACTUAL CONDITIONS
1. These Terms and Conditions apply to each offer and sale of services by Claim it to the Claimant.
2. Claim it reserves the right to refuse, in a discretionary manner, a Request for Services. In the event that Claim it refuses a Request for Services, the Principal Claimant is informed after the provision of the Request for Services and before a claim is sent to the airline by Claim it.
3. In order to submit a Request for Services to Claim it, the Claimant must be at least 18 years of age. If the Claimant is not 18 years old, Claim it asks him to consult his parents or guardian so that they may submit the Request for Services on his behalf.
4. Prior to the provision of the Request for Services, Claim it asks the Claimant to make himself aware of and, subsequently, in case of full and unreserved agreement, to accept these terms and conditions. By placing a Request for Services, the Claimant confirms having first read and accepted these terms and conditions, which will be considered as part of the contractual relationship with Claim it.
5. When the Principal Claimant places a Request for Services, Claim it sends him, with the confirmation of his order, a copy of the general conditions in a format that the Claimant may save and/or print, which Claim it recommends him to do.
When the Principal Claimant opens a file for several persons, he undertakes to send them a copy of the general conditions that Claim it has communicated to him.
6. If, in addition to these general conditions, special conditions apply, these general conditions also apply to these special conditions. In case of contradiction with the present general conditions, the provisions of the special conditions will apply.
7. In the case that the Claimant has his own terms and conditions or any other document of a contractual nature, by contracting with Claim it, the Claimant expressly acknowledges that only these general conditions apply and that he waives his own general conditions and/or contractual documents (full agreement).
ARTICLE 3 OFFER AND REQUEST FOR SERVICES
1. The Claimant 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 Claimant may use to place a Request for Services. The description is sufficiently detailed to allow the Claimant to properly evaluate the offer.
2. Claim it offers its services to air passengers who have been delayed by three hours or more, cancelled or denied boarding against their will and who fulfil, or appear to fulfil, the conditions for entitlement to the lump-sum payment provided for in Article 7 of Regulation 261/2004. Claim it supports and represents travellers for the payment of the compensation.
3. A Request for Services may be made in a number of ways including, but not limited to, email, mail or the form on the Website.
4. A Request for Services is considered to have been made from the time the Claimant delivers a signed Certificate of Authorisation to Claim it.
Contrary to what is provided for in the preceding paragraph, when the Principal Claimant opens a file via the Website, his Request for Services is considered to be delivered from the moment he has completed the online form, i.e. when the Principal Claimant has completed page 3 of the form and has clicked on the link to go to the next page.
ARTICLE 4 CLAIM IT AUTHORISATION
1. The contract between Claim it and the Claimant is final from the moment the Claimant submits a Request for Services.
2. The agreement that the Claimant enters into with Claim it is an authorisation agreement in the most extensive sense of the 1984 and subsequent articles of the Belgian Civil Code.
By entering into a contract with Claim it, the Claimant acknowledges, among other things, that he authorises Claim it to claim the Compensation from the airline, to exchange communications, to negotiate with the airline, to collect the compensation, and to submit to any competent authority or body an appeal/application whose main purpose is for Compensation and for which the intervention of a lawyer is not necessary.
The Claimant also acknowledges that the agreement with Claim it consists, in particular, of an ad litem authorisation in that the Claimant acknowledges that it gives Claim it the right to take legal action in his name and/or on his behalf (submission of the application and management/follow-up of the dispute) in the context of any judicial or extra-judicial proceedings, civil or criminal, for the payment of all or part of the Compensation. It is specified that this right also extends to judicial interests and all costs and expenses, including the Procedural Compensation and/or any equivalent compensation.
3. Claim it may authorise a lawyer to, in the name and/or on behalf of the Claimant, perform all acts necessary to obtain the Compensation. Thus, the lawyer authorised by Claim it may, in particular, exchange correspondence with the airline, negotiate with the airline and initiate legal and/or extra-judicial proceedings. Before initiating a legal proceeding, the Claimant will be contacted by Claim it or its lawyer to specify the identity of this lawyer and the announcement that a legal proceeding will be introduced before the competent court, with the purpose of ensuring the payment of all or part of the compensation that is the subject of the contract.
4. If the Claimant does not agree with the choice of the lawyer, for whatever reason, he must inform Claim it within 3 days of the dispatch, by Claim it, of the notification referred to in point 4 of this Article. In this case, the Claimant shall terminate the contractual relationship with Claim it and shall pay Claim it an amount equal to 30.25% including VAT of the lump sum compensation covered by the contract.
ARTICLE 5 CLAIMANT OBLIGATIONS AND GUARANTEES
1. The Claimant guarantees that all the information he sends to Claim it is correct, accurate and complete.
If, prior to the provision of the Request for Services, the airline has already paid all or part of the Compensation to the Claimant or to a Third Party, the Claimant agrees to inform Claim it, at the latest, on the 7th calendar day following the provision of his Request for Services.
If, prior to the provision of the Request for Services, a legal proceeding has been initiated or a court order has been made concerning the Compensation, the Claimant undertakes to inform Claim it, at the latest, on the 7th calendar day which follows the provision of his Request for Services.
2. By entering into a contract with Claim it, the Claimant acknowledges, on the one hand, not to have assigned his claim to a Third Party and, on the other hand, not to be contractually bound to a Third Party with respect to, directly or indirectly, the recovery of the Compensation.
3. For the duration of the contract, in respect of the Compensation directly or indirectly, the Claimant is prohibited from:
transferring his debt-claim; and
from communicating, directly and/or indirectly, personally and/or via any third party acting in his name and/or on his behalf, with the airline and/or a representative of the latter.
4. Before initiating the claim process, Claim it asks the Principal Claimant to communicate, for himself and, where applicable, for each passenger for whom the Principal Claimant has indicated that he wishes Claim it to claim compensation:
a copy of the reservation and/or boarding ticket;
a copy of the passport or of the national identity card; and
a signed Certificate of Authorisation.
By submitting a Request for Services, the Principal Claimant agrees to provide to Claim it with all the documents mentioned in the preceding paragraph.
If, despite two reminders from Claim it, and after 7 calendar days after sending the second reminder, the Principal Claimant has still not communicated all the required documents, it will be considered, by right and without prior notice, that all the Claimants of the same file wish to terminate the contract which binds it to Claim it.
In this case, the Principal Claimant will have to pay Claim it the amount of €60.50 including VAT in consideration of the administrative work carried out by Claim it since the provision of his Request for Services.
5. The Claimant undertakes to inform Claim it, in writing and within 10 calendar days, of:
any change to his situation, his details and/or his bank details (change of residence, change of email address, etc.)
any new information directly or indirectly relating to the Compensation (partial or total payment by the airline, receipt of any communication from the airline, communication by a third party relating to the Compensation, etc.).
6. In accordance with point 5 of this article, if the Claimant, or a Third Party acting in the name and/or on behalf of the Claimant, receives payment of all or part of the Compensation following the provision of the Request for Services, he undertakes to inform Claim it within a period of 10 calendar days from receipt of payment.
The term payment must be interpreted in the broad sense (money, voucher, discount coupon, etc.).
7. When Claim it requests information or a document from the Claimant, the latter has the obligation to answer in a complete and adequate way within 7 calendar days from the dispatch of the request by Claim it.
Once this period has elapsed, in case of non-response or incomplete answer, Claim it reserves the right, at its choice:
to continue the recovery procedure;
to suspend the performance of its obligations with respect to all the Claimants of the same file by means of a prior communication to that effect to the Principal Claimant; or
to consider that the contract was unilaterally terminated by all Claimants of the same file.
The Claimant shall not be entitled to any damage resulting, directly or indirectly, from the suspension by Claim it of the performance of its obligations.
8. The Claimant guarantees Claim it against any demand from a Third Party and any conviction to the advantage of a Third Party arising, directly or indirectly, from the breach of one or more obligations of the Claimant, including those contained in the present article.
This guarantee will consist of assisting Claim it in the context of any legal proceedings and the repayment of all damages suffered by Claim it, including, at the very least, all sums that Claim it must pay/has paid to the Third Party.
ARTICLE 6 PRICE AND PAYMENT
Without prejudice to the provisions of Article 7, in the event of payment by the airline of all or part of the Compensation after the Claimant has made a Request for Services, Claim it is entitled to a remuneration equivalent to 30.25% including VAT of the amount paid as Compensation.
Without prejudice to the provisions of Article 7, if the payment referred to in point 1 occurs after Claim it has communicated the Claimants file to a lawyer, the Claimant is also liable for an amount of €25 including VAT in administrative costs.
In accordance with Article 7, point 8, of these general conditions, the communication of the Claimant's file to a lawyer is a discretionary choice of Claim it.
3. The remuneration provided for in points 1 and 2 of this article shall be due as from the 3rd working day following the date of payment by the airline of all or part of the Compensation.
4. Claim it may collect the Compensation on behalf of the Claimant.
5. When Claim it collects the Compensation on behalf of the Claimant, it has a period of 3 months, from the receipt of the payment, to pay to the Claimant the amount which is due to him, namely, the amount paid by the airline as Compensation less the price determined in points 1 and 2 of this article.
The 3-month period mentioned in the previous paragraph does not apply if:
Claim it does not have the bank details of the Claimant;
Claim it has bank details which seem clearly erroneous (missing a number, etc.) or believes that the information in its possession is not sufficient to make the payment;
Claim it has the bank details of the Claimant but decides to ask for confirmation.
In these cases, Claim it will have a period of 45 calendar days from receipt of payment to request the Claimant to communicate, complete and/or verify his bank details. Then, Claim it will have a period of 45 calendar days from the Claimant's response to make the payment. In order for the second 45-day period to begin, the Claimant's response to Claim it's request must be valid, adequate and complete.
If the Claimant does not respond validly to the request referred to in the preceding paragraph within 365 calendar days, from the date of sending this communication, he will no longer be able to demand payment by Claim it of the amount that should have been returned under this contract.
The 3-month period also does not apply in the following cases:
Claim it collects the payment of all or part of the Compensation and wishes to continue the processing of the file for the recovery of additional amounts, including, namely, the balance of the Compensation or costs incurred for the recovery of the Compensation;
The airline states its desire to appeal against the judicial or extrajudicial decision that condemns the payment of all or part of the compensation.
In this case, the period of 3 months referred to in the first paragraph of this point, or the double 45-day period mentioned in the 3rd paragraph of this point, shall begin to run from the date on which Claim it has recovered all the amounts that it considers that it can recover and/or be certain that the airline will no longer dispute the decision ordering payment of all or part of the Compensation.
6. Unless otherwise expressly stated in writing, the Claimant acknowledges that Claim it may validly pay the amounts due to it under this contract to the account communicated by the Principal Claimant.
The Claimant also recognises that the amounts due to several Claimants of the same file can be the subject of a single transfer. Thus, Claim it will not have to make as many separate payments as Claimants in the file.
7. The Claimant acknowledges that he is entitled only to the amount paid by the airline as Compensation, less the price determined in points 1 and 2 of this article.
The Claimant therefore acknowledges that he is not entitled to any other amount that would be paid by the airline, such as, for example, the reimbursement of the costs of filing an appeal, the costs of executing a decision or the payment of a Procedural Compensation.
In the event that the Claimant receives an amount to which he is not entitled, he undertakes to transfer it to Claim it within a period of 5 calendar days from the date of receipt of this amount.
8. If the Claimant receives all or part of the Compensation after Claim it or, failing this, the lawyer authorised by Claim it, has sent to the airline a claim for payment of the Compensation, it shall be considered irrevocable that this payment was obtained through the services provided by Claim it in the context of the execution of this contract.
9. If the Claimant agrees to receive the Compensation in a form other than a payment in cash (voucher, discount coupon, etc.) or if the Claimant waives all or part of the Compensation, free of charge or onerous, the price determined in points 1 and 2 of this article remains due to Claim it. The remuneration will be due by the Claimant as of the day of its acceptance or renunciation. It will be calculated on the basis of the amount of the Compensation, as claimed by Claim it from the airline.
This remuneration must be paid in euros and Claim it will not accept other forms of payment such as vouchers or coupons.
If the Claimant agrees to collect the Compensation in a form other than a cash payment, Claim it may collect such payment and condition the release thereof from the Claimant (Principal) of the prior payment of the remuneration due to Claim it.
10. The invoices issued by Claim it under this contract will be communicated to the Principal Claimant and must be paid within 8 calendar days of their dispatch.
In case of non-payment of all or part of an invoice within the period of 8 calendar days:
the sums due shall, by right 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 on combating late payment in commercial transactions, depending on the quality of the Claimant; and, the Claimant will be liable to Claim it for the cost of each reminder mail, fixed at a flat rate of €50 per mail; and,
Claim it reserves the right to suspend performance of its obligations.
No claim or dispute authorises the suspension of the payment of undisputed amounts.
11. The Claimant has a period of 8 calendar days to contest an invoice, in that the dispute must reach Claim it no later than the 8th calendar day following the date of dispatch of the invoice to the Principal Claimant. In order to be valid, the Claimant's dispute must be communicated in writing and be justifiable.
If no justifiable dispute is communicated within this period, it will automatically be considered that the Claimant agrees to the invoice.
12. If the transfer by Claim it of the amount due to the Claimant is subject to shipping costs, the full costs will be borne by the Claimant.
13. If, on the basis of erroneous information provided by the Claimant, the transferred money is debited from the account of Claim it and credited to the bank account of a Third Party, Claim it will be considered discharged of all liability and/or obligation with respect to the Claimant.
This means, on the one hand, that Claim it will under no circumstances be obliged to recover the money transferred and, on the other hand, that the transfer of money made by Claim it will be considered, indisputably, as having been validly made for the benefit of the Claimant.
14. If the Claimant informs Claim it of incorrect bank details, the costs and expenses generated by this error will be entirely borne by the Claimant.
15. Without prejudice to the provisions of Article 7, in the event that the legal claim lodged for the Claimant is declared inadmissible or unfounded, the Claimant shall pay the Procedural Compensation to which he has been sentenced, without being able to claim payment or refund from Claim it.
16. Any increase in VAT or new tax imposed by law prior to invoicing by Claim it of the price of its services, and applying to this invoice or the profit that is withdrawn by Claim it, will be charged to the Claimant.
ARTICLE 7 CONTRACT TERMINATION
1. The Claimant may, at any time and without notice, terminate the contractual relationship with Claim it by giving written notice to Claim It by post or e-mail.
2. When the Principal Claimant terminates the contractual relationship with Claim it without specifying whether the termination only concerns him or other Claimants of the same file, it shall be considered that all Claimants in the same file terminate the contractual relationship.
3. If the Principal Claimant terminates the contractual relationship only for himself or for one or more other Claimants, the Principal Claimant undertakes to communicate to Claim it the contact details (email, telephone number and address residence) of a Claimant of the same file who is of age and is not concerned by the contractual termination.
Claim it will contact this Claimant to inform him of this situation. Unless this Claimant expressly refuses it, he will be considered as the new Principal Claimant as of the date of the submission of the communication by Claim it. To be valid, the refusal of this Claimant must be communicated to Claim it within 7 days from the date of dispatch of the notification by Claim it and must include the contact details of another Claimant of the same file who is also of age and did not terminate the contractual relationship. If the Claimant who communicates his refusal does not want or cannot (no other of age Claimants) refer another Claimant, his refusal to be the Principal Claimant will not be valid.
4. If the Claimant terminates the contract with Claim it between the time of the provision of the Request for Services and the communication of the file to a lawyer, he shall pay to Claim it:
an amount equal to 30.25% including VAT of the compensation subject to the contract. This amount will be due as compensation for services already provided by Claim it.
5. If the Claimant terminates the contract with Claim it, after the submission of the file to a lawyer and before the beginning of legal proceedings, the Claimant shall pay to Claim it:
an amount equal to 30.25% including VAT of the compensation that is the subject of the contract (as compensation for services already provided by Claim it); and
a lump sum of €50 (as reimbursement of the fees paid or payable by Claim it to the lawyer); and
an amount of €25 including VAT (as administrative costs).
6. If the Claimant terminates the contract with Claim it, after the beginning of legal proceedings, he will have to pay to Claim it:
an amount equal to 30.25% including VAT of the compensation that is the subject of the contract (as compensation for services already provided by Claim it); and
a lump sum of €50 (as reimbursement of the fees paid or payable by Claim it to the lawyer); and
an amount of €25 including VAT (as administrative costs); and
the total costs (fees, expenses, etc.) incurred and/or to be borne by Claim it in the context of the legal proceedings.
In addition, from the termination of the contract, Claim it will no longer be required to pay any costs (fees, costs, etc.) related to the ongoing legal proceedings. The Claimant will bear all the costs related to the legal proceedings and will be solely responsible, in particular, for the management, the progress, the result and the outcome of the legal proceedings.
7. The Claimant expressly acknowledges that the following situations will be automatically, unless otherwise decided by Claim it, considered as constituting a unilateral termination, by all the Claimants of the same file, of the contract entered into with Claim it:
In violation of Article 5, point 6, of these general terms and conditions, the Claimant or any Third Party acting in his name and/or on his behalf has received payment of all or part of the Compensation and has not informed Claim it within 10 calendar days from the date of receipt of payment. The term payment must be interpreted in the broad sense (money, voucher, discount coupon, etc.) ;
In violation of Article 5, point 1, paragraph 2, of these general terms and conditions, all or part of the Compensation has been paid to a Claimant or a Third Party prior to the provision of the Request for Services, without Claim it being informed;
The Claimant has assigned all or part of his claim to a Third Party;
The Claimant communicates with the airline directly or via a third party acting in his name and/or on his behalf;
The Claimant is contractually bound to a Third Party with respect to, directly or indirectly, the recovery of the Compensation;
The claim for payment in court of the Compensation is declared inadmissible or unfounded because of, in whole or in part, the communication of incorrect or incomplete information transmitted by/to the Claimant or in his name and/or on his behalf, or missing information;
The claim for payment in court of the Compensation is declared inadmissible or unfounded because of, in whole or in part, the non-communication and/or incorrect or incomplete communication of information or document requested expressly by Claim it.
For the purposes of points 4, 5 and 6 of this Article, this will be taken into consideration from the moment Claim it becomes aware of the situation(s) constituting a termination of the contract.
Unless proved otherwise, it must be considered that Claim it has become aware of a situation constituting a termination of the contract on the day it sends to the Claimant a communication which mentions it.
8. Claim it may terminate the contractual relationship with the Claimant at any time, without notice and without compensation, provided that no legal proceedings initiated under the contract are in progress.
This is because Claim it, acting on the principle of "no cure, no pay", must advance money to obtain the Compensation. However, it is possible, in particular, that the Compensation may not be due, that the risk of losing to the court may be considered to be high or that the recovery of the compensation may represent a cost and/or financial risk considered to be high (examples: no competent court in Belgium/the airline discloses extraordinary circumstances/Claim it does not have evidence of delay, cancellation or denied boarding/the case-law of the competent judge is wrong regarding passengers/etc.).
9. In the case of the lodging of a legal action, and if the appeal is declared, at first instance, inadmissible or unfounded, Claim it is under no circumstances obliged to reintroduce an application or to bring an ordinary or extraordinary appeal against this judgment.
ARTICLE 8 CLAIM IT WARRANTY AND LIABILITY
1. Claim it cannot guarantee the Claimant the obtaining of the Compensation. Obtaining the Compensation depends on several factors, which Claim It cannot always influence.
2. Claim it is committed to an obligation of means. In the event that Claim it does not obtain payment of all or part of the Compensation, it cannot be held responsible for damages, direct or indirect, suffered by the Claimant or by Third Parties.
3. Claim it cannot be held responsible for late payment of the Compensation if this delay is not attributable to it.
4. Claim it can under no circumstances be held responsible for the consequences of the unavailability of the Website.
5. 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 transmitted by the Claimant or in his name and/or in his behalf and, on the other hand, of the non-communication or incorrect communication of information and documents by the Claimant.
In addition, Claim it will not be liable for damages that are the direct or indirect consequence of missing information.
6.1. Applicable to the non-consumer Claimant: Claim it will only answer for its own wilful misrepresentation. Claim it is exonerated in particular from its gross fault. Therefore, except in case of wilful misrepresentation, the liability of Claim it cannot be raised by the Claimant and/or any third party acting in his name and/or on his behalf and/or for the benefit, direct or indirect, of the Claimant.
6.2. Applicable to the Claimant falling within the legal definition of "consumer": Claim it will only answer for its own wilful misrepresentation, gross negligence and the damage resulting from any non-fulfilment of an obligation consisting of one of the main services of the contract. Therefore, except in the three cases mentioned in the preceding sentence, Claim it's liability cannot be raised by the Claimant and/or any Third Party acting in his name and/or on his behalf and/or for the benefit, direct or indirect, of the Claimant.
7. In all cases where Claim it can be held liable, the compensation required or due as a result of this liability shall in no case exceed the amount of the Compensation.
ARTICLE 9 RIGHT OF WITHDRAWAL
1. The Claimant has a period of 14 days from the date of the provision of the Request for Services to withdraw from the contract. During this period, the Claimant may retract his order without compensation and without giving any reason by means of a written notification to that effect addressed to Claim it.
Within 14 days of the notification of the exercise of its right of withdrawal, Claim it will confirm to the Claimant the termination of the contractual relationship.
2. In order to execute the right of withdrawal in a correct and expeditious manner, the Claimant can fill out and send the form below by mail to Globafinance SPRL, Avenue Louise 500, 1050 Brussels, Belgium or by email to firstname.lastname@example.org.
3. This section applies only to the Claimant who falls within the legal definition of the Consumer (See title "Definitions")
For the attention of Globafinance SPRL, Avenue Louise 500 in 1050 Brussels:
- I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the provision of service below. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
- Ordered on __________________________________________________________
- name of Consumer (s)_______________________________________________________
- Address of Consumer (s) ____________________________________________________
- Consumer (s) signature (only if this form is notified on paper) ____________________________________________________________________________
- Date __________________
(*) Strike out inapplicable.
ARTICLE 10 INTELLECTUAL PROPERTY
1. In general, the contract does not grant or transfer any intellectual property rights to the Claimant.
2. The Claimant is prohibited from making use of and/or making any changes to the elements of the Website, for example to reproduce them without the prior express written consent of Claim it.
ARTICLE 11 PROCESSING OF PERSONAL DATA
1. In the execution of the contract concluded with the Claimant, Claim it gathers personal data of the Claimant. In collecting and using this personal data, Claim it complies with all applicable legislation.
2. The Claimant accepts that Claim it uses, in the course of its commercial activity (claim for compensation), all the documents established by Claim it or received by the latter from the airlines.
ARTICLE 12 COMPLAINT PROCEDURE
1. In the event that the Claimant considers that Claim it is not performing or poorly performing one or more of its contractual obligations, he undertakes to inform Claim it by mail or e-mail.
2. In this case, Claim it shall have a period of 15 working days from receipt of the notification referred to in point 1 to remedy this breach(s) and/or inform the Claimant of the reason for which the obligation(s) has/have not been (or has been poorly) executed.
3. In the event that Claim it sends the notification referred to in point 2 of this article, the Claimant shall state his position with respect to the explanation provided by Claim it. In this case, Claim it shall once more have a period of 15 working days from receipt of the notification to remedy this breach(s) and/or inform the Claimant of the reason for which the obligation(s) has/have not been (or has been poorly) executed.
4. The Claimant acknowledges that he will not bring any legal action, initiate any alternative dispute resolution procedure (mediation, arbitration, etc.) and will not unilaterally terminate the contract entered into 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.
5. The Claimant acknowledges that if he acts in violation of all or part of this article, he must be considered excluded and his request (in court, mediation, arbitration, etc.) shall be considered null, inadmissible or, at least, unfounded.
ARTICLE 13 INVALIDITY OF A PROVISION AND ENTIRE CONTRACT
1. These terms and conditions constitute the entire agreement between Claim it and the Claimant, unless otherwise expressly agreed in writing and arising from the consent of the parties.
2. If a provision (article, point or paragraph) of these terms and conditions is illegal, void or not likely to be invoked for any reason whatsoever, this provision shall be considered separately from these terms and conditions and may not in any way affect the validity or enforceability of the other provisions.
Thus, on the one hand, if one or more whole article(s) is/are illegal, void or is/are not likely to be invoked, this cannot in any way affect the validity and enforceability of 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 illegal, void or is/are not likely to be invoked, this shall in no way affect the validity and enforceability of the other points and other paragraphs.
Furthermore, in this case, Claim it and the Claimant undertake to replace the illegal, void or non-invokable provision with a provision pursuing the same objective as this provision and, to the extent possible, with equivalent effects, to restore the contractual balance.
ARTICLE 14 SOLIDARITY AND INDIVISIBILITY
1. The obligations contained in these general terms and conditions are indivisible and in solidarity with all the Claimants of the same file.
Thus, by way of example, Claim it may claim from the Claimant of its choice the payment of all the amounts due by all the Claimants of the same file.
ARTICLE 15 GENERAL
1. Claim it communicates mainly, if not exclusively, with the Principal Claimant.
2. Any communication sent to a Claimant by Claim it shall be considered validly sent to all the Claimants of the same file.
3. The fact that a special condition infringes on one of the provisions of these conditions does not exclude the application of the other provisions.
4. Headings of the clauses of the Contract are for ease of reference only and do not affect interpretation.
The terms in the singular also signifies 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.
5. Unless otherwise indicated, all prices and methods of determining prices are in Euro.
6. The fact that Claim it does not enforce one or the other clause established in its favour in these conditions, cannot be interpreted as a waiver on its part of its right to claim.
ARTICLE 16 APPLICABLE LAW AND CHOICE OF FORUM
1. The contractual relationship between Claim it and the Claimant is subject to Belgian law.
2. Any dispute arising out of this contract, its conclusion, its interpretation, its execution, its non-performance or its dissolution, its outcomes and consequences, shall fall under the exclusive jurisdiction of the French-speaking courts of the District of Brussels.
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