Terms and Conditions
ARTICLE 1. IMPLEMENTATION OF TERMS AND CONDITIONS
These Terms and Conditions (hereafter « TAC ») are a support to use the services offered by AIR-COLLECT on its website www.air-collect.com.
The purpose of these TAC is to specify the terms and conditions under which, with a duly signed power of attorney, according to the provisions of article 1984 and following the French common law, Air-Collect act on behalf of the internet site user (hereafter the « claimant ») who wishes to file a claim for compensation after they experienced some disruption of the service offered by an airline company.
Air-Collect will only charge fees for its services in case of success. Unless we actually get the compensation claimed for, we will not charge fees of any kind to the claimant.
The TAC are made available to each claimant as a means to use Air-Collect services.
Any user account inception request on our website implies accepting the hereby terms and conditions. These TAC apply without limitation or reserves.
ARTICLE 2. DEFINITIONS
|AIR-COLLECT||Refers to the French company AIR-COLLECT SAS with the share capital of 12500 € whose registered office is located at 66, Avenue du Bois de Chigny, 77600 Chanteloup en Brie, France, and is registered at the Commercial and Companies Registry under number n° 831966460 RCS Meaux with intra-European VAT number n° FR55831966460|
|AIRLINE||Refers to any air carrier involved in a claim made by a claimant who mandated AIR-COLLECT to claim for his compensation.|
|COMPENSATION||Refers to the total amount owed by an airline in accordance with: a mutual agreement, an order, a court decision or of any other qualified authority, or with any payment made by an AIRLINE resulting from the actions undertaken by AIR-COLLECT in the wake of processing a CLAIM FOR COMPENSATION.|
|CLAIMANT||Refers to any AIR-COLLECT internet site user who filed a claim for compensation through the internet site forms, agreed with TAC and mandated AIR-COLLECT to act on his behalf to claim for compensation.|
|CLAIM FOR COMPENSATION||Refers to compensation/indemnification in full or in part of tickets bought from an airline company after a claimant mandated AIR-COLLECT to claim for it. The indemnification does not include any charge made necessary to get this compensation.|
|PERSONAL SPACE||Means the personal access to the website, which is specific to each website user, secured with a personal identifier and a secret code enabling the user to have access to all the personal information, the progress of his file and to exchange with AIR-COLLECT.
IN ADVANCE OF THE COMING UPDATE OF THE WEBSITE, TEMPORARILY THE PERSONAL AREA IS INOPERATIVE. COMMUNICATION WITH AIR-COLLECT IS POSSIBLE BY THE EMAIL ADDRESS: email@example.com
|POWER OF ATTORNEY||Proxy given by the claimant to AIR-COLLECT to act on his behalf by all means necessary to obtain the compensation the claimant claimed for. This power of attorney covers the mutual agreement procedure as well as the contentious procedure. In this context, AIR-COLLECT shall be able to give power of attorney to a lawyer if the contentious procedure were to be necessary.|
|GOVERNING LAW CONCERNING AIR PASSENGER COMPENSATIONS||Any law, regulation, directive or regarded as equivalent, issued by a federal state, European, National or regional entity, which establishes rules concerning financial compensation for air passenger regarding overbooking, cancellation or flight delays.|
|SERVICES||Refers to the services offered on the AIR-COLLECT internet site made for a CLAIMANT as a means to obtain a COMPENSATION from an airline company.|
ARTICLE 3. TERMS AND CONDITIONS OF THE SERVICES OFFERED BY AIR-COLLECT
3.1 Claim for compensation and scope of application
AIR-COLLECT offers to act in such a way to get compensation from airline companies on behalf of the claimant if a claimant experienced some air passenger service disruption: flight delay, flight cancellation, denied boarding, or more broadly, experienced any difficulty that prevented him to carry out the flight as confirmed by the booking reservation provided by the airline.
AIR-COLLECT shall act only if the Claimant generated a claim for compensation on the AIR-COLLECT’s internet site, which means the Claimant provided all the requested information which includes the signed power of attorney (See below 3.3. power of attorney provided to AIR-COLLECT).
3.2 Filing a claim for compensation on AIR-COLLECT’s internet site
If the claimant wants AIR-COLLECT to act on his/her behalf, a claimant must fill in the online form with:
His/her personal details in order for AIR-COLLECT to be able to identify and contact the claimant. The information provided by the claimant must be trustworthy, the claimant engages his liability on the provided information.
All information concerning the contentious flight as indicated by the booking confirmation.
If other people besides the claimant are involved on the same claim and the claimant specifies their first and last names the claimant will engage his/her sole responsibility regarding the claim made without the express or implied consent of these third parties. It will be assumed that the claimant has been authorized to act on behalf of these third parties if the claimant has filled in the third party personal details and provided all requested information.
As for this matter, the claimant shall be the only AIR-COLLECT interlocutor.
The claim reason (delay, cancellation, etc.) as well as « OTHER » if the reason why you claim does not appear.
To tick a checkbox to agree on the TAC, there where requested.
A confirmation of the submitted claim will be send by AIR-COLLECT to the claimant upon reception of the requested information by AIR-COLLECT.
Once the claim approved by AIR-COLLECT, the claim for compensation will be registered, and the claimant shall receive a confirmation email.
3.3. Power of attorney given to AIR-COLLECT
In order to use AIR-COLLECT’S internet site services, the claimant will compulsorily give an exclusive power of attorney to AIR-COLLECT as a way to authorize AIR-COLLECT to undertake all the necessary actions to obtain the compensation for which the claimant filed a claim. This ranges from the case analysis to the cash collection from the airline involved in the claim.
This power of attorney must be understood exclusive of any other power of attorney or procedure initiated by the claimant to get compensation on a mutual agreement basis or as well as in a contentious procedure.
AIR-COLLECT reserves the right to resign from its mission at any time once it learns the claimant has initiated another procedure.
The claimant shall receive this power of attorney by email once his claim has been registered.
The claimant must electronically sign the power of attorney and submit the requested information and documentation through the link given by email in order to allow AIR-COLLECT to study claimant’s case and actually file a claim for compensation to the airline.
The claimant’s submission of a signed power of attorney to AIR-COLLECT is considered as a contract.
3.4 AIR-COLLECT validation of the claim for compensation
Once AIR-COLLECT has received all the requested information and the signed power of attorney, AIR-COLLECT’s team will analyze the claim and the information provided.
The claimant is hereby informed that AIR-COLLECT will resort to calling on any relevant person to analyze their information, if necessary, in order to validate their claim for compensation.
If AIR-COLLECT were to accept the claim for compensation, then AIR-COLLECT would be officially mandated to proceed with all the due diligence necessary to obtain the compensation. The claimant will be kept informed by email.
If AIR-COLLECT were to need some more information or any further details, AIR-COLLECT will get in contact with the claimant by email.
If AIR-COLLECT were to reject the claim for compensation, the claimant will be informed by email.
AIR-COLLECT retains the right to drop and/or to reject the claim for compensation in a discretionary but justified way at any time.
All the claims for compensation will be processed within a 15 working days delay.
ARTICLE 4. AIR COLLECT’S MISSION
Although AIR-COLLECT will do everything possible to obtain the compensation from the airlines in a mutual agreement way, AIR-COLLECT cannot ensure the claim will be agreed on by the airline concerned by the claim.
AIR-COLLECT is required to an obligation of means and will justify to the claimant of all the actions undertaken. The claimant will be able to follow up the progress of his claim in his personal account space.
AIR-COLLECT cannot be blamed for a failure in the mutual agreement procedure nor for an unfavorable court decision.
In the same manner, AIR-COLLECT cannot be blamed for external facts that would have prevented it to obtain the compensation, nor it cannot be blamed for an early termination due to external facts (see below).
ARTICLE 5. AGREEMENT BY THE AIRLINE OF THE CLAIM FOR COMPENSATION
Once AIR-COLLECT has come to know the airline agreed to pay the compensation, the claimant will be kept informed by email with no delay.
In accordance with the given power of attorney, AIR-COLLECT will cash in the amount paid by the airline and shall give notice to the claimant by sending him the receipt.
AIR-COLLECT commits to pay the amount received within 30 working days. The period of time between the moment AIR-COLLECT received the compensation from the airline and the moment AIR-COLLECT pays the claimant shall not bear accrued interests for the claimant’s benefit whatsoever. AIR-COLLECT reserves the right to keep the accrued interests received from the airline.
Once the claim for compensation has been validated by AIR-COLLECT, if any amount is paid by the airline directly to the claimant, the claimant must inform AIR-COLLECT within 8 days. The claimant must fulfill his or her payment obligations concerning the commission due to AIR-COLLECT within a delay of 30 working days. If not, a late delivery penalty shall be applied that equals the then applied European Central Bank accrued interest rate plus 10%, up to the moment AIR-COLLECT receives its owed fees.
Moreover, AIR-COLLECT reserves the right to undertake all the necessary actions to recover the fees owed from its actions after the claimant filed a claim for compensation in accordance with the given power of attorney.
ARTICLE 6. REJECTION BY THE AIRLINE OF THE CLAIM FOR COMPENSATION
6.1 Contentious procedure
If the airline rejects the claim for compensation over the contentious flight ticket or if it does not answer in a reasonable time frame to the formal notice (demand letter), a contentious procedure may prove necessary.
According to the given power of attorney, the claimant agreed in advance to authorize AIR-COLLECT to take legal action against the airline if need be or if AIR-COLLECT believes it is required; AIR-COLLECT shall forward the file to the lawyer of its choice who will be mandated to initiate all the legal actions needed. The claimant shall be given notice once the contentious procedure has been initiated and the lawyer’s name designated to take care of it.
However, the claimant remains free to reject AIR-COLLECT’S lawyer and he will be able to challenge AIR-COLLECT’s choice and designate the lawyer of his own within 48 hours once he received the lawyer designation email. In this case, the claimant will have to bear all the costs of the legal consultancy fees on his own.
In this case, AIR-COLLECT shall be entitled to terminate the binding agreement.
This implies that the claimant agrees that all the details and information given on AIR-COLLECT’S internet site shall be forwarded to the designated lawyer.
If the designated lawyer reckons the odds to win are too low then the claimant will be kept informed and the mission, AIR-COLLECT has been entrusted with, will come to an end.
AIR-COLLECT will cover all the expenses related to the contentious procedure engaged for and on behalf of the claimant, irrespective of its outcome. If AIR-COLLECT succeeds in its mission and actually gets the compensation and/or reimbursement, then AIR-COLLECT shall deduct all the expenses it paid for regarding the contentious procedure from the compensation to be paid to the claimant.
If AIR-COLLECT loses its case in court, AIR-COLLECT will be responsible for all the expenses the claimant may be sentenced to in this respect except in case of fraud or deceit from the claimant’s part.
If the claimant decides to put an end to the lawyer’s mission before the end of the contentious procedure then the claimant must pay the lawyer’s fees for the actions taken by the lawyer on behalf of the claimant before their termination. The claimant shall then be able to carry on his claim for compensation on his or her own. AIR-COLLECT shall not be considered mandated anymore.
If the contentious procedure conducted by the lawyer is a success then he will be responsible for carrying out the court decision and getting paid with a CARPA cheque.
The lawyer’s fees according to the fee agreement as well as AIR-COLLECT’S fees will be drawn from the CARPA account and the remaining amount will be paid to the claimant by cheque or bank transfer. In this respect, the amount the airline may have to pay under the article 700 of the code of civil procedure shall be kept by the lawyer and/ or AIR-COLLECT.
ARTICLE 7. RATE OF SERVICE
7.1 Service fee
AIR-COLLECT’s rate of service will only be determined by the compensation obtained for the claimant as exposed below:
If the compensation is paid directly to AIR-COLLECT then AIR-COLLECT’s fees shall be 25% including VAT of the compensation amount paid by the airline which shall be deducted from the amount received.
If the airline pays the compensation directly to the claimant then the claimant must give the information to AIR-COLLECT within 8 days. AIR-COLLECT will then issue an invoice that amounts to 25% including VAT of the amount paid to the claimant and the claimant, in turn, will have 30 days delay to pay the bill.
If the compensation paid arises from a court decision then AIR-COLLECT’s fees equal 30% including VAT of the amount granted to the claimant excluding what may have been granted under the article 700 of the French civil procedure code, or any other European equivalent and what may have been granted to repay for the procedure expenses.
If the compensation paid arises from a mutual agreement after a contentious procedure has been initiated which means the action undertaken by the lawyer is withdrawn then AIR-COLLECT’s fees shall be 30% including VAT of the amount paid.
If the amount granted by the court to repay procedure expenses does not cover all the costs incurred by AIR-COLLECT then these documented expenses shall be withdrawn from the compensation to be paid to the claimant.
In any case, if the amount obtained from the airline to repay the procedure costs does not cover all the costs incurred within a mutual agreement procedure or within a contentious procedure, then the compensation to be paid to the claimant shall be reduced by the amount of these expenses.
7.2 Transfer fee / exchange rate
It is specified that if the clients’ bank account is not SEPA regulated, the client shall bear any related banking fees and/or currency exchange rates, deducted from the compensation to be paid to the client.
ARTICLE 8. WITHDRAWAL AND CONTRACT TERMINATION
According to the legal provisions of the article L 121-21 of the French consumer code, the claimant shall have a 14 days period to withdraw from the agreement after claimant signed the mandate.
An electronic form provided for that purpose is available on our internet site www.air-collect.com.
The claimant does not have to give any reason for his withdrawal but this withdrawal must be stated expressly and unequivocally.
8.2 Early termination
8.2.1 For external reasons to AIR-COLLECT and the claimant
However, AIR-COLLECT can unilaterally put an end to its mission for any external reason that may prove necessary, for instance, when the airline is under a winding-up or liquidation procedure when regulations have changed, or if the pieces of information were to be destroyed (burnt, stolen, …).
This list is not comprehensive.
8.2.2 To the claimant’s sole responsibility
AIR-COLLECT can also put an early end to its mission in particular when the claimant cashed the compensation without telling AIR-COLLECT, or if the claimant has mandated another company or lawyer to retrieve his compensation or, more broadly, for any deceitful behavior.
In the case of an early termination, and as long as AIR-COLLECT started its mission, AIR-COLLECT shall be entitled to request fees equivalent to 25% excluding VAT of the compensation claimed for, notwithstanding the amount the claimant actually received.
8.2.3 Disagreement between AIR-COLLECT and the claimant over a mutual agreement settlement proposal
However, the claimant shall be aware that by signing the mandate, he gives up the opportunity to accept any non-financial compensation. The claimant understands and agrees that AIR-COLLECT will systematically turn down any non-financial compensation proposal offered by an airline.
8.3 Contract termination
Once AIR-COLLECT has fulfilled its mission through a mutual agreement or contentious procedure and all payments were completed (i.e. the claimant received his or her owed compensation, AIR-COLLECT received its fees and, where applicable, lawyer’s fees were paid) then AIR-COLLECT’s mission will automatically come to an end.
In accordance with the 6th of January 1978 French law « informatique et libertés », all the personal details asked to the claimant when filing a claim for compensation on AIR-COLLECT’s website are necessary pieces of information for AIR-COLLECT or, if need be, its lawyer in the case of a contentious procedure, to duly file the claimant’s claim for compensation.
Personal data is data that allows identifying and/or getting in contact with an individual and notably includes the claimant’s first name, last name, email address, postal address.
These data must be trustworthy, complete and accurate regarding the purpose they were collected for. These data shall be considered strictly confidential and shall be processed fairly and legally. AIR-COLLECT commits itself to never sell to any third party the claimant’s personal data.
If the claimant does not transmit the requested information, AIR-COLLECT will not be able to process the claim. As the claimant of a specific claim would not be clearly identified, the access to AIR-COLLECT’s services could be denied or even impossible.
The claimant shall have the right to access, correct and erase all their personal data. The claimant shall be able to exercise their right through their personal account space or by sending an email to the following email address: firstname.lastname@example.org.
The claimant may also get in contact with AIR-COLLECT to the following email address: email@example.com or to the following postal address: 66, Avenue du Bois de Chigny, 77600 Chanteloup en Brie, France.
The databases through which AIR-COLLECT automatically processes the personal details are reported for to the CNIL under the number 2107740 v 0
AIR-COLLECT takes all the appropriate measures (administrative, technical or physical) to protect our users’ personal data against loss, theft or improper use as well as to prevent unauthorized access, disclosure, modification or destruction of such data.
AIR-COLLECT shall retain the data for a period that shall not exceed the time required to fulfill the mission for which the data was collected.
By sending their personal details to AIR-COLLECT, the claimant authorizes AIR-COLLECT to process them for the mission AIR-COLLECT was mandated for.
The preservation and confidential use of personal data is an important commitment to AIR-COLLECT: the given data will only be used to get the compensation the claimant filed a claim for according to what is stated hereby and in respect to the governing laws.
AIR-COLLECT strongly commits itself to not send these personal details to any third party except: if the claimant gave his consent for it or if it is necessary in order to file the claim for compensation, or if any administrative or legal authority has requested them, or if it may be necessary to send them in order to protect their confidentiality.
However, the claimant shall be considered to have given his authorization to use them for:
Marketing prospection of AIR-COLLECT’s services,
The claimant can always decline to receive marketing documentation by clicking on the link within the sent email or by sending an email to the following email address: firstname.lastname@example.org.
If the personal details were proved to be false then the claimant may be exposed to an early termination to the claimant’s sole responsibility with immediate effect.
AIR-COLLECT may automatically get access to personal and non-personal data through users’ connection to AIR-COLLECT’s website, services or to the claimant’s personal account space through third parties’ website and technologies (Facebook, Google +, Twitter etc) used to get him connected.
AIR-COLLECT uses these technologies to communicate with the claimant, to better understand his needs and continually improve its services.
AIR-COLLECT may automatically collect some personal and non-personal data through the claimant’s connection to AIR-COLLECT’s website. The kind of information automatically collected may vary but generally, includes technical information of the claimant’s computer such as its IP address or any other identifying item of the network device.
The data collected may also include information concerning interaction with AIR-COLLECT’s website.
This information may notably include the URL addresses of the web pages visited by the claimants, the URL addresses of referring and exit pages, pages viewed, time spent on one page, the number of clicks, the web browser used or any other information on the manner the claimant used the website.
In the case the claimant uses a mobile device to access its website, AIR-COLLECT may be able to collect information about the device’s location.
In some cases, although the claimant does not use a mobile device the claimant’s location may be identifiable from the IP address used by the device or the URL addresses received.
If the claimant gets access to the website or to its services with a mobile device, AIR-COLLECT may be able to retrieve its phone number.
Cookies are small files downloaded to your computer from internet web browsers to track movements within a website. The information collected with cookies can be considered as personal data. Notably, the cookies permit the collection of information about the claimant’s connection to the claimant’s personal account space.
It is the claimant’s responsibility to set his or her internet web browser to get notified of cookies installation on his or her computer or to limit their installation.
The claimant may prevent cookies from social media being stored or activate the anonymity option on his IP address on these websites.
ARTICLE 10. COPYRIGHT PROTECTION
All the website components including all its images, sounds and embedded technologies are protected by copyright.
AIR-COLLECT holds the appropriate rights of exploitation on all these components.
In this respect, AIR-COLLECT owns all the proprietary rights on all the letters and copies of the letters sent to the airline companies. AIR-COLLECT shall not transfer any proprietary right related to these letters, notices or any documentation sent to the airline companies.
The « AIR-COLLECT » letters, as well as all the website contents (texts, images, logos, icons, or software components), are the sole property of the AIR-COLLECT company.
Any copying, reproducing, representation or diffusion, even partially, of any of these components is strictly prohibited. In this respect, a claimant’s reproduction or sharing of any of the letter or email templates, conceived and transferred by AIR-COLLECT in the normal course of the service contract execution, is expressly prohibited.
ARTICLE 11. GOVERNING LAW AND JURISDICTION ASSIGNEMENT
AIR-COLLECT and the claimant shall agree that the herein TAC are subject to the French common law.
In this respect, any future dispute or litigation, including over the interpretation, the implementation, the termination of the mission the AIR-COLLECT company was entrusted with, or about the herein TAC shall be submitted to the French competent court with respect to the common law.