Terms and Conditions
Article 1: Definitions In these terms and conditions (hereinafter referred to as “Terms”), the terms defined below have the following meaning:
1.1 “Agreement”: an agreement between the customer and SKYCLAIM, concluded after the customer’s acceptance of the Terms. In the case of the provision of the Legal Assistance Service, the agreement is considered valid after the customer has signed the Assignment Form or the Claim Request Agreement in addition to accepting these Terms.
1.2 “SKYCLAIM”: SKYCLAIM SA, a commercial company with registered office in the Municipality of Bucharest , Sector 3, Calea Moșilor, no. 88, Sc.F , apartment F1, registered at ORCT Bucharest under no. J40/9509/2024 having CUI 50063420 and EUID ROONRC.J40/9509/2024
1.3 “SKYCLAIM”: a free online tool, available on the SKYCLAIM website and mobile application, which allows connecting the customer’s email to SKYCLAIM, in order to allow SKYCLAIM to identify flight bookings and possible claims in accordance with the Rights Regulation air passengers, in that email.
1.4 “Air Passenger Rights Regulation”: any law, regulation, directive or similar, whether issued at state, EU, federal, national or regional level, that establishes rules regarding monetary compensation, compensation or reimbursement to passengers in the event of overbooking , flight delay or cancellation.
1.5 “Assignment form”: the document by which the customer, in accordance with the terms and conditions stipulated therein, transfers ownership of the application to SKYCLAIM.
1.6 “Claim Agreement”: a document provided by SKYCLAIM to the customer, authorizing SKYCLAIM or one of its affiliates or partners to act on behalf of the customer. The document may be presented in various forms, including but not limited to a power of attorney or a customer support agreement.
1.7. “Claim”: any claim for monetary compensation, compensation or reimbursement against an airline under the Air Passenger Rights Regulations.
1.8 “Client(s)”: the person(s) who has accepted these Terms.
1.9 “Eligibility Service”: SKYCLAIM’s provision of its last-minute eligibility determination service through specialized software. The eligibility service is carried out individually, from one request to another, in the SKYCLAIM web form or for all flights found, if the customer is connected to SKYCLAIM. The Eligibility Service will inform the customer of the likelihood of having an eligible application. An eligible claim will have a high probability of being paid and SKYCLAIM will provide its legal assistance service for such claims if requested by the client. Ineligible claims will have a low probability of being paid and SKYCLAIM will not provide legal assistance service for such claims. Currently, the Eligibility Service is only available for EC 261 applications.
1.10 “Compensation”: the total amount of money paid by an airline for a claim, as compensation, out-of-court settlement, gesture of goodwill or otherwise, transferred to the customer or to SKYCLAIM after the customer has accepted the Terms.
1.11 “Information Service”: is the provision of flight information by SKYCLAIM, including airline information, airport information, other travel-related information, information on air passenger rights and consumer protection laws. The information will be relevant to the customer’s journeys, but will also have a more generic context, such as airport or airline classification or news about changes to air passenger rights. Information will be provided through electronic communications, including email, personalized electronic boards, websites controlled by SKYCLAIM or mobile applications.
1.12 “Justice as a service”: is SKYCLAIM’s pursuit of a claim for compensation, including, if necessary, through litigation.
1.13 “Litigation”: it is initiated only at the client’s request and not by the SKYCLAIM company, but by specialized lawyers, registered in the Lawyers’ Register, which can be checked here www.unbr.ro
1.14 “Fast Track”: is a procedure for airlines that usually do not pay compensation, unless legal action is initiated. If SKYCLAIM provides a legal assistance service by providing fast track, SKYCLAIM will charge both the service fee and the litigation fee due to the increased risk and cost to SKYCLAIM.
1.15 “Member(s)”: the person/persons who purchased SKYCLAIM.
1.16 “Price list”: the appendix attached to these Terms, which specifies the accepted currencies, payment methods and all fees charged by SKYCLAIM.
1.17 “Regulation 261/04”: Regulation (EC) no. 261/2004 of the European Parliament and of the Council, of 11 February 2004, establishing common rules for compensation and assistance to passengers in the event of denied boarding and cancellation or prolonged delay of flights.
Article 2: Agreement
2.1 After the customer has accepted these Terms, SKYCLAIM agrees to provide the Service and the customer agrees to receive the Eligibility Service and the Information Service.
2.2 After the customer accepts these Terms and signs either the Assignment Form or the Indemnification Agreement, the customer agrees to receive the Legal Aid Service and SKYCLAIM agrees to provide this service, unless SKYCLAIM informs the customer without undue delay that SKYCLAIM is unable to provide support for that claim.
2.3 By entering into an agreement with SKYCLAIM, the customer warrants that he has the legal authority and capacity to enter into the agreement on his own behalf and, if applicable, on behalf of the persons with whom he traveled. By signing the Assignment Form or Indemnification Agreement, the customer warrants that it is authorized and has the legal capacity to sign the Assignment Form or Indemnification Agreement on its own behalf and, if applicable, on behalf of minors with whom it has traveled.
2.4 The Customer acknowledges that SKYCLAIM only pursues flight compensation. Customer agrees that SKYCLAIM will not accept travel vouchers and/or other services as compensation, and such offer by airlines will be considered a refusal to pay, unless SKYCLAIM determines that the likelihood of a more favorable outcome to the customer is low and that under the circumstances the best choice would be to accept such an offer.
2.5. The customer warrants that the compensation has not been transferred to third parties and that there is or will be no legal dispute between the customer and the airline regarding the same subject.
2.6 After signing the Assignment Form, the customer cannot transfer the claim to any other party, as the legal title to the claim has already been assigned to SKYCLAIM. Any existing commitments or transfers, if any, must be canceled prior to signing the Assignment Form or Compensation Claim Agreement. For the avoidance of doubt, where the customer has signed a Claim Agreement, the customer may revoke the power granted in the Claim Agreement by written notice to SKYCLAIM.
2.7 If the customer receives direct payments or any other compensation from the respective airline after the conclusion of the contract, the customer is obliged to inform SKYCLAIM about this without delay. These payments are considered compensation and entitle SKYCLAIM to claim the service fee and litigation fee if SKYCLAIM has filed a lawsuit before that customer has received payment from that airline.
2.8 After signing the Assignment Form or Claim Agreement, the customer must cease negotiations with the relevant airline and direct any contact from the airline to SKYCLAIM, to ensure that SKYCLAIM obtains the best possible result.
Article 3: Description of the legal assistance service
3.1 SKYCLAIM raises the customer’s claim for compensation from the airline that operated the flight, based on Regulation 261/2004 or any other air passenger rights regulation in force, applicable to the customer’s specific air travel.
3.2 Flight data and information may be transmitted to SKYCLAIM via the website, mobile applications, email, other electronic solutions or via software supported by SKYCLAIM or by telephone.
3.3 In order to successfully pursue the claim, SKYCLAIM requires the Assignment Form or Claim Agreement signed by the customer, which the customer can send to SKYCLAIM via the web form, mobile application, email or of the postal service. Upon receipt of a signed assignment form or claim agreement from the customer, SKYCLAIM prepares a payment claim and sends it to the airline that operated the flight without undue delay and handles all subsequent correspondence. For this part of the Legal Aid Service, where a claim is payable, SKYCLAIM will charge a service fee (see Price List).
3.4 If the airline that operated the flight fails to pay the compensation within a reasonable time after being notified by SKYCLAIM and provided that the claim has been confirmed with adequate certainty, SKYCLAIM may initiate legal action for to follow the request. If legal action is initiated and compensation is paid, SKYCLAIM charges a litigation fee in addition to the service fee to cover additional litigation costs (see Price List).
3.5 If a contracted legal representative is used for litigation, the customer will allow SKYCLAIM to grant the contracted legal representative access to all data communicated to SKYCLAIM and will allow the legal representative to transfer to SKYCLAIM information about the progress of the case. If the court of competent jurisdiction requires a certificate of authentication, a power of attorney, an affidavit of authenticity, an assignment form or other separate additional documents, the customer agrees to sign such additional documents. If the customer has already signed an Assignment Form and signs an authentication certificate, power of attorney, customer service agreement or similar document, the customer and SKYCLAIM agree that such claim is automatically transferred back to the customer immediately before he signs that authentication certificate, power of attorney, customer service agreement or similar document.
3.6 If the contracted legal representative concludes that there are insufficient prospects of success, the customer will be informed of this and neither SKYCLAIM nor the contracted legal representative will take any further action.
3.7 If SKYCLAIM or the contracted legal representative initiates a lawsuit to pursue a claim for compensation, SKYCLAIM will cover all costs incurred in the event of losing the lawsuit. If the lawsuit is won or if an agreement is reached between the airline and SKYCLAIM, SKYCLAIM will cover all costs incurred that are not covered by the airline.
Update for Romania: 29.07.2020
Article 3 paragraph (7) applies only if SKYCLAIM assigns the claim to the passenger (customer). The terms and conditions are completed with the legislation in force in Romania.
SKYCLAIM cannot sue the air carrier directly on behalf of the passenger under applicable law. Being a limited liability company, we cannot act as a representative, in accordance with the provisions of Law no. 51/1995 regarding the organization and exercise of the lawyer profession.
Moreover, according to the law, legal consulting is a field reserved for lawyers, through the forms of practicing the profession, and a lawsuit would involve legal consulting and representation. The company can act in its own name if it assigns the passenger’s right of claim, this right thus entering the company’s patrimony.
The company cannot claim in court a right in the assets of another person, except in certain exceptional situations that do not apply in the current situation. The legal relationship between SKYCLAIM and the passenger (client) is aimed at amicable representation before the airline operator. Out of respect for its customers, if the airline operator refuses to give the passenger the proper compensation, SKYCLAIM offers the customer several alternatives, such as: 1. Assignment of the right of claim in exchange for a sum of money; 2. The recommendation of lawyers specialized in such situations, registered in the Register of Lawyers.
Article 3.8: Customer acknowledges that it is SKYCLAIM’s sole decision to accept any out-of-court settlement offer as Customer has transferred the claim to SKYCLAIM. If SKYCLAIM is acting on behalf of the customer under a claim agreement, the customer authorizes SKYCLAIM to accept or reject out-of-court settlement offers based on SKYCLAIM’s experience with the airline and the advice of outside legal representatives.
Article 4: Fees and Payments
4.1 SKYCLAIM provides the Eligibility Service, SKYCLAIM Connect and the Information Service free of charge.
4.2 SKYCLAIM provides the legal assistance service free of charge, unless SKYCLAIM succeeds in collecting compensation. If the action is successful, SKYCLAIM will transfer the agreed part of the compensation to the customer, subject to the applicable fees according to the price list.
4.3. Payment of the agreed part of the compensation to the customer will be made in accordance with the options in the price list.
4.4 If the customer has provided incorrect or insufficient information necessary for the payment of the compensation, and the payment is returned to SKYCLAIM, and the customer, after several notifications and reasonable efforts by SKYCLAIM to contact the customer by means other than the email provided by customer to SKYCLAIM, does not respond to correct or provide the information necessary for the payment of the agreed part of the compensation, SKYCLAIM has the right to keep that part of the compensation that would have otherwise been transferred to the customer.
4.5 After SKYCLAIM has paid the agreed compensation in accordance with the instructions and method selection provided by the customer, SKYCLAIM is not responsible for:
- i) checks, prepaid debit cards, credit cards and other losses in transit to the customer;
- ii) any effect of the customer providing incorrect bank account information, incorrect address or the like, including but not limited to compensation paid to an incorrect recipient. If the compensation has been paid to an incorrect recipient due to the customer’s fault, SKYCLAIM will not be obliged to actively recover it.
4.6 Interest cannot be claimed for the period between incoming and outgoing payments. SKYCLAIM reserves the right to retain any interest recovered from the airline.
4.7 SKYCLAIM is not liable for any compensation, damages or the like, if SKYCLAIM is prevented from transferring payment to the customer due to an event beyond its reasonable control, including but not limited to strike , employer’s strike, natural disaster, war, riot, civil disturbance, willful sabotage, compliance with a law or government order, regulation, provision or instruction, accident, plant or machinery failure, fire, flood and storms.
5: Protection of personal data
5.1 SKYCLAIM will mainly use the personal data provided by the Customer for the purpose of providing the Eligibility Service, the Information Service, in accordance with the Agreement. SKYCLAIM may also collect personal data for other purposes, such as statistics, administration and communication, IT administration and security, physical protection, authentication and authorization systems, support systems, coordination of internal projects and teams, and organizational activities. All personal data is collected in accordance with the General Data Protection Regulation, Regulation (EU) 2016/679 (see Privacy Statement).
5.2 The Customer provides SKYCLAIM with personal data in accordance with the General Data Protection Regulation or other current data protection laws, with the explicit permission to process the personal data and use it in the context of the Contract. SKYCLAIM will transfer personal data to third parties only under the conditions listed below:
- i) if the customer has given his consent;
- ii) if it is done for a purpose directly associated with the original purpose for which the personal data were collected;
- iii) if necessary for the preparation, negotiation and fulfillment of the agreement with the client;
- iv) if necessary as a result of a legal, administrative obligation or a court order;
- v) if necessary to establish or protect legal claims or to defend against legal actions;
- vi) where it serves to prevent misuse or other illegal activities, such as deliberate attacks, to ensure data protection.
Article 6: Customer data and information
6.1 At SKYCLAIM’s request, the customer will provide SKYCLAIM with all data or information necessary for the execution of the agreement. The customer guarantees that the data and information provided is correct, complete and true (see Privacy Statement).
6.2 The customer agrees to fully indemnify SKYCLAIM in all respects for all third party claims, including but not limited to incorrect communications by the customer, provision of incorrect data/information and fraudulent conduct.
6.3 In case of incorrect data/information and fraudulent behavior, SKYCLAIM reserves the right to terminate the contract with immediate effect. If the contract is terminated in accordance with this paragraph, the customer will not be entitled to any compensation.
Article 7: Right of withdrawal
7.1 If you qualify as a consumer under EU consumer regulations, i.e. you are a natural person who undertakes a legal transaction for a purpose that is neither commercial nor self-employed, you have a right of withdrawal provided by law.
7.2 You can withdraw your acceptance of our agreement within 14 days of its conclusion (eg by letter, email) without having to explain the reasons. To exercise your right of withdrawal, you must communicate it within the 14-day period mentioned above and clearly state that you wish to withdraw from the contract. Given the nature of the service provided, you cannot withdraw from our Contract if we have informed you that the airline concerned has accepted the claim for compensation, because in this case we have provided the service you have requested, or if you have flown on any flight covered by the SKYCLAIM+ Subscription.
The withdrawal can be sent to the address of the registered office or by e-mail: contact@skyclaim.ro
Article 8: Conditions and terms regarding the payment of compensations
8.1 Within a maximum of 30 days from the time of receipt of the compensation related to the Customer represented in connection with the Flight, we will notify the Customer to provide us with the bank details for the transfer.
8.2. The term mentioned in para. 1 above begins to run from the moment the undersigned, SKYCLAIM, knows that the amount received from the airline is the flight compensation owed to the represented Customer. Therefore, if at the time of making the bank transfer the airline does not mention the payment details, the undersigned SKYCLAIM will contact the airline for clarification within a maximum of 5 days of receipt.
8.3 Within a maximum of 30 days from the moment when the represented Customer has sent the undersigned complete and correct bank details (Name, IBAN, etc.), SKYCLAIM will make a bank transfer to the represented Customer including the compensation derived from the Flight Request, retaining the Price . The represented customer cannot provide the bank details of another person, as the undersigned, in accordance with anti-money laundering legislation, will not be able to make this payment. The undersigned will notify the represented Client within 30 days that they have submitted incorrect bank details (incomplete/incorrect IBAN/etc.).
8.4 The aforementioned payment shall be made in the currency in which the undersigned received the compensation from the airline. Therefore, if the undersigned received the compensation in EUR, he will make the payment to the passenger in the same currency. If the passenger declares that he does not have a bank account in that currency, the undersigned will make the bank transfer to the client represented in the currency indicated by him, at the BNR rate established on that day (or the previous day, for payments made before the communication of to the NBR of the exchange rate).
8.5 If SKYCLAIM does not receive the correct and complete banking data from the Represented Client within 3 months of the notification sent to the passenger regarding the request to transmit bank data for the transfer (notification referred to in art. 8.1), SKYCLAIM will not had no responsibility for non-compliance by the Represented Client with the obligations mentioned in art. 8.1. 8.1. above and/or late submission of data and the full amount of compensation (obtained compensation) will be retained by SKYCLAIM at the end of the 3 month period.
8.6 For clarification and to avoid any confusion, it is mentioned that, in accordance with art. 8.1 above, SKYCLAIM will request the bank details of the Represented Client in order to make the bank transfer of the claim obtained on his behalf. The Customer understands and agrees that SKYCLAIM will withhold the entire compensation (compensation obtained) if he does not submit his correct and complete bank details to SKYCLAIM within 3 months of receiving the said notification (request). Thus, the object of the representation contract will be fulfilled and it will cease.
Article 9: Final Provisions
9.1 SKYCLAIM is authorized to amend these Terms and the price list and to establish additional conditions at any time and without notice. However, changes that have an adverse effect on the customer will not apply to the customer unless the customer accepts these new changes.
9.2 The laws of Germany apply to these Terms, the Assignment Form and the Agreement between SKYCLAIM and the customer. However, the customer always has the right to request the protection due in accordance with the legal provisions of the country in which he resides.
9.3 If any provision of these Terms is or becomes void, illegal or unenforceable, this will in no way affect the validity of the other provisions.
9.4 The rights and obligations related in whole or in part to any submitted claim may be transferred without restriction by SKYCLAIM to any entity within the SKYCLAIM group of companies and by SKYCLAIM to third parties.
9.5 The English language version of these Terms prevails in the event of any discrepancy with any other language version.
