Terms & Conditions


Terms & Conditions

1. Definitions

1. Flagito – Flagito OÜ is an enterprise that helps clients to claim compensatory damages and/or compensation from air carriers according to different regulations and acts.
2. Client – A natural person who has agreed to the present conditions and has provided information and filled the questionary on flagito.eu.
3. Compensation – Monetary payment paid by the air carrier according to the Regulation or Convention (can also be compromise).
4. Web Platform –Internet page flagito.eu
5. Questionary – Part of the contract where Client provides information on contacts and describes the circumstances which can be the grounds for possible compensation – delayed flight, cancelled flight, denied boarding, baggage problems, upgrading and downgrading.
6. Delayed flight – Flight passenger arrives to destination more than three hours after the original planned arrival time.
7. Flight Cancellation – means the non-operation of a flight which was previously planned and on which at least one place was reserved.
8. Downgrading – When an operating air carrier places a passenger in a class lower than that for which the ticket was purchased.
9. Denied Boarding – means a refusal to carry passengers on a flight although they have a confirmed reservation on the flight concerned and they have presented themselves for boarding at the time indicated in advance and in writing by the air carrier, the tour operator or an authorised travel agent (if no time indicated then not later than 45 minutes before the published departure time) except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation.
10. Baggage problem – The delayment, destruction or loss of checked baggage.
11. Regulation – Regulation (EC) No 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
12. Convention– Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention)
13. Claim – Monetary claim which the passenger has against the air carrier arising from the legal relationship between them
14. Prise list – Fees published on the web platform which regulate the assignment of claim.
15. Contract–Contract between the client and Flagito which is concluded according to the regulation in the third part of this terms of use. Terms of use and annexes are part of the contract and inseparable.
15.1. Authorisation – Client (principal) grants Flagito (representative) authorisation in the following: Represent the Client in the legal disputes in court proceedings, administrative proceedings, bodies conducting extra-judicial proceedings, National Enforcement Bodies and in other institutions including but not limited to administrative proceedings, misdemeanour proceedings, civil proceedings, extra-judicial proceedings etc. The authorisation is granted for unspecified term and the Representative does not have the right to delegate the authority.
16. Terms of Use – Regulation applicable on persons who use the Web Platform – Clients and other persons who use Web Platform.

2. Purpose of the Contract

17. The purpose of this contract is to regulate the legal relationship between the Client and Flagito. With this Contract the Client assigns his/her claim against the air carrier in full. According to the contract and the claim Flagito shall claim compensation or damages from the air carrier.

In addition, the Client gives Flagito an authorisation which is used to file a claim in consumer protection agencies or other institutions stated in clause 38 of this Terms of Use. The claim is filed in this way only in case the air carrier refuses to satisfy the claim or to provide sufficient evidence. In case the claim is satisfied Flagito shall pay to Client according to the price list.

3. Concluding a contract

18. With entry to the Web Platform Flagito makes a proposal to unspecified set of persons to make an offer.
19. A person makes an offer when all the required fields in the questionary are filled, a signature is provided, Terms of Use is accepted and the button „Answer“ is pressed. This is considered as an offer to Flagito to conclude a contract.
20. At the end of the questionary (step 3) Flagito gives an assessment to the claim whether it could be successful.
21. contract is deemed concluded only in the case where Flagito has notified the Client that Flagito has agreed to continue with the proceedings.
22.1. The contract is concluded in two (2) equal copies. Flagito has one and the other is sent to client with an e-mail.
22.2 When a party of this contract is with a restricted active legal capacity a contract is sent to the guardian with what the guardian affirms that he/she is the guardian of the natural person whose active legal capacity is restricted. The contract is concluded in two (2) equal copies. Flagito has one and the other is sent to client with an e-mail.

4. Obligations and rights

23. The Client shall use the Web Platform only in accordance with the Terms of Use.
24. The Client must follow all the laws, intellectual property regulations and good custom when using the Web Platform.
25. The Client hereby confirms that he/she has not assigned the claim to a third person.
26. The Client may not assign the claim nor ask for help (service) from a third person when this contract between Flagito and the Client is valid. The Client hereby confirms that there are no active or finished proceedings regarding the claim assigned to Flagito.
27. The Client must provide additional information regarding the claim when required so by Flagito.
28. After concluding this contract, the Client must immediately forward every contacting attempt from an air carrier to Flagito.
29. The Client must immediately notify Flagito in case she/he has received any form of compensation or help from the air carrier.
30. The Client is fully responsible for the provided information. In case of misinformation the Client is fully responsible for the damages.
31. The Client has the right to ask information regarding the proceedings from Flagito. The Client may ask information only regarding his/her own claim.
32. Signature provided in the Web Platform shall only be used to identify that the contract has been concluded (General Part of the Civil Code Act § 80).

5. Description of the procedure

33. The Client provides the required information to Flagito using the Web Platform.
34. Flagito determine whether the claim is successful and shall notify the Client at the earliest opportunity.
35. After accepting the Terms of Use and concluding the contract Flagito shall begin with proceedings against the air carrier.
36. Flagito shall file the claim to air carrier and handle the proceedings and negotiations.
37. Flagito has the exclusive right to decide which legal remedies shall be used in proceedings against the air carrier.
38. Flagito has the right to file a claim in Estonian or foreign consumer protection agency or other institutions like the.
39. Flagito has the right to solve the claim in arbitration.
40. Flagito has the right to file a claim in Estonian or foreign court system.
41. Flagito has the right to accept a settlement offering from the air carrier when the air carrier accepts to compensate more than 70% of the original claim.
42. When accepting a settlement Flagito shall pay to Client according to the price list.
43. Flagito bears all the costs of proceedings.

6. Price list

44. Flagito does not take any service fees from the Client.
45. Client pays to Flagito according to the following scheme:

Monetary Compensation:Departure & destination (km)
Compensation (250 €)A flight of less than 1500 km
Compensation (400 €)A flight of 1500 to 3500 km
Compensation (600 €)A flight of greater than 3500 km

46. The Client shall receive 70% of the value of the satisfied claim. Flagito shall receive 30% of the value of the satisfied claim.
• When the flight is less than 1500 km then the Client has the right to receive 250 euros of compensation. In that case, Flagito shall receive 75 euros of that 250 euros.
• When the flight is between 1500 and 3500 km then the Client has the right to receive 400 euros of compensation. In that case, Flagito shall receive 120 euros of that 400 euros
• When the flight is more than 3500 km then the Client has the right to receive 600 euros of compensation. In that case, Flagito shall receive 180 euros of that 600 euros.

7. Payment to Client

46. The Client must provide Flagito with the necessary details to transfer the compensation to Client. The information must be provided by e-mail. The payment shall only be done with an online transfer.
48. When the Client does not provide details required for the bank transfer then Flagito has the right to keep the compensation when three months have passed from sending the question to the Client.
49. Flagito shall pay 70% of the amount of the satisfied claim to Client in reasonable time after receiving the compensation from the air carrier.
50. When Flagito is unable to receive a compensation from the air carrier then Flagito is not obliged to pay anything to the Client.
51. All the fees and compensations are in Euros.

8. Ending the contract

52. The contract ends when Flagito has transferred the amount of compensation stated in part 6 of this Terms of Use. When the Client does not provide information necessary to transfer the money to Client after 3 months then Flagito has the right to receive 100% of the compensation and the contract ends.
53. When Flagito determines that the claim has no merit or is not perspective enough then Flagito may cancel the contract.
54. When the Client has agreed to the Terms of Use and agreed to start the proceedings then the Client loses the right to cancel the contract according to the VÕS § 47(3)(1) when Flagito has determined that the claim may be successful and has started the proceedings (sent the first e-mail to air carrier) as with that Flagito has done enough for the air carrier to satisfy the claim.
55. When Flagito has not started the proceedings (sent a first letter to the air carrier) then the client has the right to cancel the contract in 14 days from concluding this contract without a reason.

9. Using personal data

56. With accordance to the personal protection laws, personal information is processed only with the permission of the Client and only in the extent what is necessary to provide the services. When using Flagito`s service the Client agrees to the following use of personal data:
56.1. His/her personal data is processed in Flagito`s info systems;
56.2. His/her personal Estonian identification code, contact information, flight reservation number shall be used to request information about the Client from different data bases if that is necessary to carry out the proceedings.
56.3. His/her personal information is used and forwarded to consumer protection agencies, courts or/and other institutions used to settle the dispute.

10. Copyright

57. You do not have the right to use Flagito`s trademark, design, and/or other works which are copyright protected. You may not use the same or similar elements which are published on the Web Platform and which belong to Flagito or to a third party.

11. Responsibility

58. Flagito is not responsible in front of the Client in any case in the amount of more than 70% of the original value of the claim.
59. Flagito cancels the contract because it is determined that the claim has no merit then the parties have no monetary nor non-patrimonial claims against each other.

12. General conditions

60. Applicable law to this contract is the law of the Republic of Estonia.
61. Disputes arising from this contract shall firstly be settled through negotiations. When the negotiations do not solve the dispute then parties have the right to argue the dispute in Estonian Consumer Protection Board or in Harju Maakohus.
62. Flagito has the right to amend the Terms of Use unilaterally.
63. Flagito may unilaterally without a prior notification restrict or cancel access to the Web Platform when the Client has breached the Term of Use or the security of Web Platform is threatened.
64. The nullity of a part of a term of use does not render the other parts void
65. Comments regarding possible changes or ideas regarding the Terms of Use may be submitted to info@flagito.eu

 

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