§1Definitions
Terms and Conditions of ClaimFly
"ClaimFly" is a registered business name of Leon Morris, a sole trader carrying on business in Ireland under the Business Names Act 1963. Business name registration number: [Business Name Registration number — pending CRO RBN1A]. Principal place of business: Guinness Enterprise Centre, Taylor's Lane, Dublin 8, Ireland. E-mail: info@claim-fly.com. Point of contact: Leon Morris. References to "ClaimFly" in these Terms and Conditions are to Leon Morris trading as ClaimFly.
These are the Terms and Conditions of ClaimFly's services. Unless the context of the service Terms and Conditions requires otherwise, the capitalised terms used in these Terms and Conditions ("T&C") shall have the meanings set forth below:
"Contract" refers to the contract between the Customer and ClaimFly. This agreement is concluded after the Customer has read and accepted the T&C and may be signed electronically or in writing. Under this Contract, the Customer transfers full ownership and legal title of their monetary claim under Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004, or under any other applicable international or national legislation, to ClaimFly. This includes claims for denied boarding, flight cancellations or prolonged delays, as well as claims for lost or damaged baggage compensation. This transfer includes all amounts, taxes, and other related costs.
In cases where the assignment agreement (form) is not valid or cannot be considered valid in a specific jurisdiction (country), the agreement between the Customer and ClaimFly shall be treated as a service contract. Under this contract, ClaimFly administers the Customer's Assignment and undertakes to arrange and finance the collection of the Assignment and to perform all other actions related to the Contract.
"Claim for Compensation" means any monetary claim for compensation against an airline carrier under the Regulation on monetary compensation for flights.
"Customer" means a person who has signed the Contract, accepted the T&C, and seeks compensation for the flight with the assistance of ClaimFly.
"Regulation on Electronic Identification" refers to Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market, repealing Directive 1999/93/EC.
"Flight Compensation Regulation" is the acronym for Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004, which establishes common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellation, and long delays. This also includes any other applicable international or national legislation to the Customer in another country.
"Flight Compensation" is the total amount paid by an airline carrier as compensation, settlement, or goodwill gesture in relation to a Claim. This includes any additional expenses compensated to the Customer or ClaimFly by the operating carrier. Legal fees, court costs, collection costs, interest, penalties, or similar expenses incurred during the collection process are not part of the Flight Compensation. These expenses are covered by ClaimFly and must be reimbursed for the benefit of ClaimFly.
"Price List" is detailed in §7 of these T&C and specifies the amounts of ClaimFly's remuneration.
"Privacy and Data Protection Requirements" include all applicable laws and regulations concerning the processing of personal data and privacy, including the General Data Protection Regulation (EU) 2016/679 (GDPR) and the Irish Data Protection Act 2018, together with guidelines and codes of conduct issued by relevant supervisory authorities, and their equivalents in any relevant jurisdiction.
"Legal Proceedings" refer to the process where ClaimFly submits a Claim for Compensation to a court, alternative dispute resolution institutions, aviation regulatory agencies, consumer protection agencies, government entities, or delivers the Claim for Compensation to an appointed legal representative, such as a solicitor or law firm.
These definitions apply to any document or transaction related to these T&C at the time of their conclusion and execution.
§2Agreement
The foundation of any further agreement between the Customer and ClaimFly is the acceptance of these Terms and Conditions (T&C) by the Customer.
To streamline the contracting process, ClaimFly employs an online authentication service for advanced electronic signatures. This service complies with the requirements specified in Article 26 of the Regulation on Electronic Identification, which is internationally recognised and accepted in legal contexts. This approach eliminates the need for the Customer to print, physically sign, and return the Contract by registered post.
At the time of contracting, the Customer declares to be authorised and to have the legal capacity to execute documents binding both ClaimFly and the Customer. Alternatively, if applicable, the Customer acknowledges the right to sign on behalf of another person, such as a child.
The Customer also ensures that the Assignment of flight compensation has not been transferred to third parties and that there are no ongoing or anticipated legal disputes between the Customer and the airline regarding the same matter. The Customer is aware that, with this assignment, they are precluded from entering into similar agreements or engaging with ClaimFly's competitors on behalf of the Customer's interests, or pursuing legal actions related to Flight Compensation.
The Customer undertakes to provide ClaimFly with all necessary data and information for the collection of flight compensation from the airline.
ClaimFly exclusively accepts Flight Compensation and does not consider travel vouchers or other services offered by the airline.
By signing the Contract and accepting the T&C, the Customer declares not to initiate direct contact with the operating airline and not to accept payments from them.
The Customer acknowledges that the T&C represent a genuine expression of their will and must be respected by the airlines. The Customer and ClaimFly agree that any payment related to flight compensation made by the operating airlines under ClaimFly's Compensation Requests must be directed to bank accounts owned by ClaimFly, or to other bank accounts agreed upon by ClaimFly and the Customer.
By accepting these Terms and Conditions, the Customer expressly acknowledges, agrees to, and executes the Assignment Form and a statement confirming the occurrence of the flight disruption.
ClaimFly reserves the right to retain any recovered compensation in the event that the Customer remains entirely unresponsive for a continuous period exceeding 180 calendar days.
Furthermore, the Customer consents to ClaimFly providing assistance in exercising their right to defence and collection of Flight Compensation.
§3Following the Compensation Request
Customers can initiate a Compensation Request by providing flight details through ClaimFly's website, mobile application, email, or other electronic means supported by ClaimFly. Upon receiving these details, ClaimFly will assess the potential success of the Compensation Request based on the provided flight information.
It is important to note that the assessment results are not legally binding and do not guarantee the success of the compensation request.
Once an agreement is established, ClaimFly will engage with the airline carrier to reach a settlement and prevent the need for Legal Proceedings.
In cases where the airline carrier refuses to meet the Compensation Request after ClaimFly's efforts, ClaimFly may, at its discretion, decide to initiate Legal Proceedings to pursue the Compensation Request. This may occur even where ClaimFly believes legal action could expedite flight compensation recovery more effectively.
During Legal Proceedings, ClaimFly's legal representative will have access to all Customer-provided data. If additional documents are needed to confirm the legal representative's authority, the Customer will promptly provide them with ClaimFly's guidance. In cases where it is necessary for the legal representative (e.g. a solicitor) to submit the Compensation Request on behalf of the Customer, the Customer and the legal representative will enter into an agreement. The Customer's monetary credit will then be reassigned to them from the moment the agreement is finalised. In such cases, the Customer and ClaimFly will resolve the matter according to the terms and conditions outlined in the present T&C and any other existing agreements.
If, following an assessment of the claim's merits, the legal representative deems it unlikely that the claim will proceed through Legal Proceedings, the Customer will be informed. In these cases, ClaimFly will cease the Compensation Request, and full ownership and legal title of the Assignment will automatically revert to the Customer without the need for further agreements.
When legal action is initiated to pursue the Compensation Request, the Customer is relieved of any incurred costs if the Compensation Request is not granted. If legal actions conclude with success or an agreement, ClaimFly covers costs not borne by the respective airline carrier. If the Compensation Request is granted and the Customer receives Flight Compensation, all costs incurred by ClaimFly and requested from the airline carrier will be paid to ClaimFly as agreed.
Both the Customer and ClaimFly acknowledge that ClaimFly has the exclusive discretion to accept or reject any transaction offer based on their experience with the respective airline carrier. The Agreement provides a legal basis for the effectiveness of this discretion. The Customer reserves the right to revoke this acknowledgement at any time and to terminate all legal ties with ClaimFly in accordance with the procedures described in the T&C.
Customers should be aware that the compensation request management process may take considerable time, and ClaimFly cannot control the speed at which compensation requests are processed.
§4Payments and Fees
For the successful settlement of Assignments, as specified in these Terms and Conditions, it is essential that the Flight Compensation has been received and duly deposited into either ClaimFly's or the Customer's bank account. Once the Flight Compensation is confirmed, ClaimFly and the Customer will follow the established liquidation procedure outlined in these T&C.
ClaimFly diligently pursues the Compensation Request without any charge. In the event of a positive outcome of the Compensation Request and subsequent receipt of the Flight Compensation, the agreed portion of the compensation will be transferred to the Customer, in accordance with the terms and conditions specified in the Price List (§7). Furthermore, ClaimFly and the Customer have the flexibility to mutually agree on an alternative remuneration amount and payment terms.
If ClaimFly does not reach a settlement agreement with the airline regarding the claim, or if it believes that legal action could expedite the recovery of Flight Compensation more efficiently, ClaimFly reserves the right to initiate legal action. This action involves an increase in the portion of Flight Compensation assigned to ClaimFly, as indicated in the Price List.
The Customer acknowledges the possibility of offsetting counterclaims under the Contract.
In cases where the Customer knowingly provides inaccurate or incomplete data resulting in additional costs for ClaimFly, the Customer is responsible for reimbursing such costs.
As ClaimFly's registered office is in Ireland, the application of Value Added Tax (VAT), where applicable, complies with Irish legal regulations and the applicable tax rate (currently 23%).
If the Customer provides incorrect or insufficient information for receiving Flight Compensation, and if this results in funds being returned to ClaimFly, ClaimFly is authorised to deduct any additional expenses incurred. Should the Customer fail to correct or provide necessary information after ClaimFly's prompts and reasonable attempts, ClaimFly may retain the portion allocated to the Customer.
In the context of SEPA accounts, all payments are made via bank transfer. For international transfers to the Customer, any associated bank charges are deducted from the Customer's share of the Flight Compensation.
To streamline financial processes and reduce bank costs, in scenarios involving shared bookings or similar situations (e.g. parents receiving compensation on behalf of children), ClaimFly transfers all payments to a designated single account, with the Customer's consent or specific instruction. In these cases, the person responsible for distributing funds to the recipients must facilitate disbursement, with ClaimFly assuming no responsibility for any missed payments.
ClaimFly assumes no liability in cases of loss of cheques, prepaid debit cards, credit cards, or similar payment methods, and disclaims any responsibility for issues arising from the provision of inaccurate bank information by the Customer.
When necessary, ClaimFly provides electronic invoices or other required documents via email.
ClaimFly disclaims any liability if unable to disburse agreed Flight Compensation due to circumstances beyond its reasonable control. Such circumstances may include, among others, strikes, labour disputes, natural events, wars, civil unrest, compliance with legal mandates or government orders, and regulatory changes.
Payments of Flight Compensation and other related amounts are strictly disbursed by ClaimFly to final beneficiaries entitled to Flight Compensation. ClaimFly refrains from making payments to intermediaries, agencies, representatives, or third parties unless they can unequivocally demonstrate in writing their authority to accept payments on behalf of the final beneficiary. In cases of uncertainty regarding entitlement to receive payments, ClaimFly reserves the right to request further verification of the beneficiary's authority and may unilaterally refuse payments directed to such individuals.
§5Guidelines for Cooperation with ClaimFly Customers
Before using ClaimFly's services, the Customer ensures not to have transferred the Assignment by other means or tasked a third party to pursue the claim.
The Customer is responsible for providing ClaimFly with accurate, complete, and truthful data and information regarding the Compensation Request. Otherwise, the Customer may indemnify ClaimFly from any claims arising from inaccurate information or inadequate collaboration.
The Customer agrees to provide ClaimFly with all necessary data and documents for processing the Compensation Request. These may include identification documents, boarding passes, delay notifications, and any correspondence with the airline carrier, as required.
If, after using ClaimFly's services, the Customer receives any form of Flight Compensation (e.g. a flight voucher) from the airline carrier, the Customer must promptly inform ClaimFly. In such cases, the Customer is required to compensate ClaimFly, as specified in §4, within ten (10) days of receiving Flight Compensation from the airline carrier. Payment must be made to the bank account specified on ClaimFly's website or any other account specified by ClaimFly in writing.
In the event that the Customer provides inaccurate or incomplete data, or fails to provide information regarding the receipt of Flight Compensation from the airline carrier for the same Compensation Request, and ClaimFly is unable to recover the Flight Compensation or mitigate losses through Legal Proceedings, ClaimFly reserves the right to assert its claim against the Customer for any damages suffered.
§6Cessation and Withdrawal Policy
The Contract may be terminated under the following circumstances:
- ClaimFly reserves the right to terminate the Contract if, following a thorough evaluation, it is determined that the compensation claim is unlikely to succeed, duly notifying the Customer.
- Termination may also be initiated by ClaimFly if the Customer provides incorrect data, misleading information, or engages in fraudulent activities.
- The Customer has the right to withdraw from the Contract within fourteen (14) days of its conclusion without specifying reasons, in accordance with the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013. The withdrawal notice must be sent via email.
- If the Customer chooses to terminate the Contract after the commencement of contractual work, or after ClaimFly and/or its legal representatives have initiated Legal Proceedings, ClaimFly reserves the right to charge the Customer administrative expenses and other related costs. These expenses include legal costs, service charges, judicial officer expenses, extrajudicial expenses, authorised representative expenses, additional expenses, and other relevant costs. The Customer is required to settle these amounts as specified in this section within ten (10) days of receiving ClaimFly's invoice.
- If the Customer is classified as a consumer under EU consumer regulations, operating outside of commercial activities, they have the legal right to terminate the Contract and reclaim full ownership of their Assignment. The Customer may initiate Contract termination by sending written notice to ClaimFly with at least 5 days' notice. Upon termination by the Customer, ClaimFly reserves the right to request reimbursement of incurred costs.
§7Price List
The Price List contains detailed explanations of all terms in uppercase and concerns payments related to the Flight Compensation Regulation. Any other service provided by ClaimFly will be subject to separately agreed conditions.
No upfront fee
ClaimFly's pursuit of your Compensation Request is completely free. There are no fees if Flight Compensation is not recovered from the airline.
ClaimFly Commission
Once your Flight Compensation is successfully recovered, a pre-agreed portion will be deducted from the compensation paid by the airline. The standard remuneration structure is 20% of the recovered Flight Compensation, inclusive of applicable VAT.
| Flight distance | EU261 compensation | ClaimFly fee (20% incl. VAT) | You receive |
|---|---|---|---|
| ≤ 1,500 km | €250 | €50 | €200 |
| Intra-EU > 1,500 km, or 1,500–3,500 km | €400 | €80 | €320 |
| All other (> 3,500 km extra-EU) | €600 | €120 | €480 |
If the entitled Flight Compensation amount differs from the figures above, ClaimFly's remuneration will be 20% of the received Flight Compensation, including applicable VAT.
Legal Proceedings
In cases where an agreement with the airline cannot be reached, or where the Flight Compensation recovery process would be expedited by legal action, ClaimFly will initiate Legal Proceedings and is entitled to an increased remuneration to cover additional costs associated with Legal Proceedings, including court costs, translation costs, legal fees, and administrative expenses.
ClaimFly Fee for Legal Proceedings: 20% of the recovered Flight Compensation, inclusive of applicable VAT. The fee structure for Legal Proceedings is identical to the standard fee structure set out above.
| Flight distance | EU261 compensation | ClaimFly fee (20% incl. VAT) | You receive |
|---|---|---|---|
| ≤ 1,500 km | €250 | €50 | €200 |
| Intra-EU > 1,500 km, or 1,500–3,500 km | €400 | €80 | €320 |
| All other (> 3,500 km extra-EU) | €600 | €120 | €480 |
If the entitled Flight Compensation differs from the figures above, ClaimFly's fee will be 20% of the received Flight Compensation, including applicable VAT.
§8Concluding Provisions
The laws of Ireland govern the T&C, the Contract, and any other document related to the T&C and the Contract, unless specified otherwise in specific documents. If the Customer is a consumer, they also retain the right to seek protection under mandatory provisions provided by the laws of their country of residence.
ClaimFly reserves the right to amend the Terms and Conditions (T&C) and introduce additional terms at any time, without prior notice. However, ClaimFly will make every reasonable effort to inform the Customer of such changes. If any of these changes are unfavourable to the Customer, they must consent to these changes for the modified T&C to apply to their specific situation.
If the Customer is a legal entity, they ensure and declare that:
- Personal data provided to ClaimFly has been and will continue to be collected and provided in accordance with Privacy and Data Protection Requirements.
- For the purposes of this Contract, ClaimFly acts as a data processor rather than a data controller (as defined under Privacy and Data Protection Requirements) in relation to all data processing activities conducted under this Contract.
- ClaimFly will use the Customer's personal data, as well as that of its employees if applicable, solely for the purpose of pursuing the Compensation Claim. For a comprehensive understanding of the methods and parameters for the collection, storage, and use of data, please refer to ClaimFly's Privacy Policy.
Any dispute, controversy, or claim arising from or related to the T&C, including their breach, termination, or validity, shall be finally resolved by the appropriate court within Ireland, in accordance with jurisdiction rules, unless mandatory legal provisions dictate otherwise.
If any provision of the T&C is found unlawful, void, or unenforceable by a court or arbitral tribunal, the remaining provisions of the T&C shall remain fully effective. If a provision is found unlawful, void, or unenforceable only in part or to a certain extent, it shall remain fully effective to the extent that it is not found unlawful, void, or unenforceable. ClaimFly will amend the T&C by replacing such unlawful, void, or unenforceable provisions with legal, valid, and enforceable clauses that align as closely as possible with ClaimFly's and the Customer's intentions. ClaimFly will make its best efforts to ensure the full implementation of all provisions of this document.
In case of discrepancies between the English version of the T&C and any other language, the English text shall prevail.