The following Terms and Conditions are an agreement between you (either as a website user or a customer) and CLAIM EXPERTS (“ClaimExperts.com”), which operates the website www.claimexperts.com. This agreement outlines the terms under which ClaimExperts.com provides information, software, and services via its website. Services from ClaimExperts.com are available only when you have accepted these Terms and Conditions.
1. Definitions
1.1. “Agreement”: The contract between the client and ClaimExperts.com, formed after the client has read and accepted these Terms and Conditions.
1.2. “Power of Attorney”: A document allowing ClaimExperts.com to represent the client before airlines and other institutions regarding their Claim, under specific terms and conditions.
1.3. “Claim”: Any demand for monetary compensation in accordance with European Regulation 261/2004.
1.4. “Client”: An individual who has accepted these Terms and Conditions.
1.5. “Compensation”: The total sum of money to be paid by an airline, either by court order, decision of an authorized body, or offered voluntarily, resulting from actions taken by ClaimExperts.com related to a claim.
1.6. “Regulation 261/2004”: European Regulation 261/2004, established on February 11, 2004, for passenger rights regarding denied boarding, cancellations, or long flight delays.
1.7. “Compensation Calculator”: A webpage on www.claimexperts.com where clients can estimate the likelihood and possible amount of compensation. The displayed sum is not legally binding and does not constitute an offer for a contract.
1.8. “ClaimExperts.com Commission”: A 50% (inclusive of VAT) commission of the total Compensation amount.
1.9. “Legal Action”: Initiating a court case or assigning a claim to a contracted legal representative, such as an attorney or law firm.
1.10. “Legal Action Commission”: An additional 15% (inclusive of VAT) commission on the total Compensation amount, charged along with the ClaimExperts.com Commission in case of Legal Action.
1.11. “Ticket Refund Fee”: A €19.99 fee that the Client pays upfront when submitting a Claim for ticket refund due to a canceled flight.
1.12. “Montreal Convention”: The 1999 Convention for the unification of rules for international air carriage.
2. General Provisions
2.1. These Terms and Conditions are binding for all clients. By checking the box “I have read and agree with the Terms and Conditions,” the client signifies full acceptance and commits to comply with these terms.
2.2. The client’s acceptance of these Terms and Conditions is recorded by server log files at claimexperts.com, along with the client’s IP address and other relevant non-personal data, consistent with our Privacy Policy.
3. Agreement
3.1. By completing all fields in the “Compensation Calculator,” accepting these Terms and Conditions, and submitting the form, the client makes a legally binding offer to enter into an Agreement with ClaimExperts.com. An Agreement exists only if ClaimExperts.com accepts to proceed with the client’s Claim.
3.2. The client assures that their Claim has not been assigned to another party, and no legal dispute exists or is anticipated between them and the airline on the same matter. Once the Power of Attorney is signed, the client agrees not to engage other parties for the Claim or assign it to anyone other than ClaimExperts.com. Any existing engagements must be terminated before signing the Power of Attorney.
3.3. The Agreement terminates when:
3.3.1. The Compensation has been fully paid to ClaimExperts.com by the airline, and the agreed portion has been transferred to the client after deducting all applicable fees,
3.3.2. The Compensation has been fully paid directly to the client by the airline, and the client has paid both the ClaimExperts.com Commission and, if applicable, the Legal Action Commission to ClaimExperts.com, or
3.3.3. ClaimExperts.com decides not to pursue the Claim after an in-depth case review and notifies the client accordingly.
4. Services Provided by CLAIM EXPERTS.com
4.1. CLAIM EXPERTS ensures the effective pursuit of Compensation for air passengers under European Regulation 261/2004 and the Montreal Convention, charging a fee of 35% (inclusive of VAT) of the total Compensation if successfully obtained. Additionally, ClaimExperts.com assists clients with ticket refunds and levies an upfront Ticket Refund Fee of €19.99, regardless of the Claim outcome.
4.2. ClaimExperts.com evaluates the validity of the Claim, compiles the necessary documentation, attempts an out-of-court settlement, and, when required, escalates the Claim to other institutions like National Enforcement Bodies or Alternative Dispute Resolution entities. Should these efforts be unsuccessful, or if the airline refuses to engage with ClaimExperts.com, legal action will be initiated. A Legal Action Commission is added to the standard commission to cover the costs incurred in legal proceedings. No fees, including standard or Legal Action commissions, will be charged if the Claim is unsuccessful.
4.3. The “Compensation Calculator” on ClaimExperts.com does not provide a legally binding offer. The cost of services will be deducted from the Compensation received from the airline upon successful resolution.
4.4. To advance the Claim, a signed Power of Attorney from the client is required, which can be sent via web form, email to contact@claimexperts.com, or postal service.
4.5. For instances of false information or fraud, such as submitting a forged signature, ClaimExperts.com reserves the right to terminate the Agreement immediately, without prior notice, and no Compensation will be provided.
5. Payment and Fees
5.1. ClaimExperts.com only charges a commission if the Claim is successfully enforced. Clients owe nothing if Compensation is not achieved.
5.2. Commissions may vary for clients referred by third-party partners, as detailed in the partner’s Terms and Conditions.
5.3. If a court awards partial Compensation, commissions will be calculated on that partial amount, not the original Claim amount.
5.4. ClaimExperts.com has the right to deduct its standard and Legal Action commissions from the total Compensation before transferring the balance to the client.
5.5. Upon receiving Compensation, ClaimExperts.com is committed to transferring the agreed sum to the client as quickly as possible.
5.6. Clients must provide their banking information to ClaimExperts.com for transaction purposes. The most cost-effective transfer method will be employed, with all associated costs borne by the client.
5.7. If the client receives Compensation directly, they are obligated to remit the applicable commissions to ClaimExperts.com promptly. These fees are non-refundable, and chargebacks are considered a violation of this Agreement.
5.8. If the client provides incorrect or incomplete banking information, ClaimExperts.com will make reasonable attempts to obtain correct details. Failure to provide such details within 12 months from the first notification will result in forfeiture of the Compensation due to the client.
6. Client’s Rights and Responsibilities
(Your existing points 6.1 – 6.6 can be placed here without much alteration; they seem clear and straightforward.)
7. Rights and Responsibilities of CLAIM EXPERTS.com
(Your existing points 7.1 – 7.4 can also be placed here with minimal changes.)
8. Right to Withdraw
8.1. Clients may rescind their agreement within 14 days of acceptance without the need to provide a reason. The withdrawal can be made in any written form.
8.2. The right to withdraw is nullified if both parties fully execute the Agreement prior to the withdrawal.
9. Final Provisions
The laws of the Republic of Bulgaria apply, excluding the UN Convention on Contracts for the International Sales of Goods.