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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
3. Compensation – Monetary payment paid by the air carrier according to the Regulation article 7 – 250, 400 or 600 euros – or Convention (can also be compromise).
4. Web Platform –Internet page flagito.eu or flagito.ee
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, 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 authorized 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. 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.
11. Convention– Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention)
12. Claim – Monetary claim which the passenger has against the air carrier arising from the legal relationship between them
13. Price list – Fees published on the web platform which regulate the assignment of claim by the Client.
14. 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.
14.1. Authorization – Client (principal) grants Flagito (representative) authorization 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, misdemeanor proceedings, civil proceedings, extra-judicial proceedings etc. The authorization is granted for unspecified term and the Representative does not have the right to delegate the authority.
15. 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
16. The purpose of this contract is to regulate the legal relationship between the Client and Flagito. With this Contract the Client assigns his/her claims (including penalty for late payment; compensation for collection costs etc) against the air carrier in full to Flagito. According to the contract and the claim Flagito shall claim Compensation or damages from the air carrier.
3. Concluding a contract
17. Upon entry onto the web platform Flagito makes an offer to unspecified persons to conclude a contract in accordance with the Terms & Conditions.
18. A person accepts an offer when all the required fields of the questionary are filled, a signature is provided, Terms of Use are accepted and the button „Result“ is pressed. The aforementioned constitutes an assignment of claim of the Client to Flagito OÜ and a concluded contract between the Client and Flagito.
19. The text visible at the end of the questionary does not influence the validity of neither the assignment nor the conclusion of the contract.
20. Flagito considers the consent to conclude a contract on the grounds of Terms & Conditions to be provided by the Client after the button “Result” has been pressed.
21.1. The contract is concluded in two (2) equal copies. Flagito has one and the other is sent to client with an e-mail.
21.2 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
22. The Client shall use the Web Platform only in accordance with the Terms of Use.
23. The Client must follow all the laws, intellectual property regulations and good custom when using the Web Platform.
24. The Client hereby confirms that he/she has not assigned the claim to a third person.
25. 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.
26. The Client must provide additional information regarding the claim when required so by Flagito.
27. After concluding this contract, the Client must immediately forward every contacting attempt from an air carrier to Flagito.
28. The Client must immediately notify Flagito in case she/he has received any form of compensation or help from the air carrier.
29. The Client is fully responsible for the provided information. In case of misinformation the Client is fully responsible for the damages.
30. The Client has the right to ask information regarding the proceedings from Flagito. The Client may ask information only regarding his/her own Compensation proceedings.
5. Description of the procedure
31. The Client provides the required information to Flagito using the Web Platform.
32. After accepting the Terms of Use and concluding the contract Flagito shall begin with proceedings against the air carrier.
33. Flagito shall file the claim to air carrier and handle the proceedings and negotiations.
34. Flagito has the exclusive right to decide which legal remedies shall be used in proceedings against the air carrier.
35. Flagito has the right to file a claim in Estonian or foreign consumer protection agency or other institutions like the.
36. Flagito has the right to solve the claim in arbitration.
37. Flagito has the right to file a claim in Estonian or foreign court system.
38. Flagito has the right to accept a settlement offering from the air carrier when the air carrier accepts to pay more than 70% of the Compensation.
39. When accepting a settlement Flagito shall pay to Client according to the price list in proportion to the settled amount
40. Flagito bears all the costs of proceedings.
6. Price list
41. Flagito pays to Client only the following amounts of the Compensation:
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
42. The Client shall receive 70% of the value of the satisfied Compensation. Flagito shall receive the 30%.
• 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.
43. In every other instance (refund of fare, claim for reimbursement of expenses ) except in points 41 and 42, Flagito service charge is 30% of the value of the satisfied claim. In case the airline or booking portal reimburses directly to the Passenger(s) bank account, Flagito is entitled to 30% of the compensation per Passenger. If the Passenger accepts non-monetary payment ( e.g gift card ) the Passenger is obligated to pay service charge which is 30% of the compensation per Passenger.
7. Payment to Client
44. Flagito`s service fee of 30% includes but is not limited to the legal analyze of the Compensation; consultation of the Client; examinating and collecting evidence; communicating with the Client, official institutions, air carriers or third parties; analyzing national and international case-law; composing motivated answers to Clients; composing and sending legally motivated claim letters to air carriers; composing legally motivated court documents; post- and communication fees; bearing all costs and risks in civil court proceedings, consumer protection proceedings or other dispute settlement proceedings .
45. Flagito shall pay 70% of the amount of the satisfied Compensation to Client in reasonable time after receiving the Compensation from the air carrier.
46. When Flagito is unable to receive a Compensation from the air carrier then Flagito is not obliged to pay anything to the Client.
47. All the fees and compensations are in Euros.
8. Ending the contract
48. The contract ends when Flagito has transferred the amount of Compensation stated in part 6 (Price list) of this Terms of Use..
49. When Flagito determines that the claim has no merit or is not perspective enough then Flagito may cancel the contract any time.
50. 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 claiming Compensation 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 pay Compensation.
51. 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
52. 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 that his/her:
52.1. personal data is processed in Flagito`s info systems;
52.2. 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.
52.3. personal information is used and forwarded to consumer protection agencies, courts or/and other institutions used to settle the dispute.
10. Copyright
53. Flagito has the sole right to trademark, design, and/or other works which are copyright protected and has the sole right to 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
54. Flagito is not responsible in front of the Client in any case in the amount of more than 70% of the Compensation.
55. When Flagito cancels the contract because Flagito determines that the claim has no merit then the parties have no monetary nor non-patrimonial claims against each other.
12. General conditions
56. Applicable law to this contract is the law of the Republic of Estonia.
57. 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 the Estonian Consumer Protection and Technical Regulatory Authority or in Harju Maakohus.
58. Flagito has the right to amend the Terms of Use unilaterally.
59. 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.
60. The nullity of a part of a term of use does not render the other parts void
61. Comments regarding possible changes or ideas regarding the Terms of Use may be submitted to info@flagito.eu
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