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AGREEMENT ON CLAIM COLLECTION
1.1. Agreement – this Agreement between the Client and the Service provider, which is concluded after the acceptance of the terms and conditions contained herein by the Client.
1.2. Claim – Client’s claim for monetary compensation against an airline on the basis of Regulation 261/2004 or any other applicable laws and regulations.
1.3. Client – passenger entering into this Agreement with the Service provider and holding a Сlaim against an airline as prescribed by the Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 or any other applicable laws and regulations.
1.4. Power of attorney – a document to be signed by the Client upon conclusion of this Agreement whereby the Client authorizes the Service provider to demand on behalf of the Client payment of the Claim according to terms and conditions contained herein.
1.5. Service provider – SIA “EUFC, a company registered in Latvia under the registration number 40203110790.
2.1. This Agreement enters into force only after the Client signs and submits to the Service provider a scanned Power of attorney.
2.2. By entering into this Agreement, the Client warrants that he is entitled to enter into this agreement on his behalf or on behalf of the (fellow) claimant(s) indicated by him.
2.3. Service provider is at any time prior to collection of the Claim entitled to unilaterally withdraw from this Agreement without an obligation to pay any compensation to the Client. The Service provider shall notify the Client of such withdrawal without unreasonable delay.
2.4. The Client warrants that the Claim is not being pursued by him personally or via a third party on Client’s behalf, the Claim has not been assigned to any third party and no legal dispute over the Claim is pending between the Client and the airline.
2.5. After entering into this Agreement, the Client grants the Service provider the right to pursue Client’s Claim for the benefit of the Client and undertakes an obligation not to:
a) pursue the Claim on his own or via a third party, and
b) assign it to any other party without the consent of the Service provider.
2.6. Upon conclusion of this Agreement the Client shall forward correspondence (if any) regarding the Claim to the Service provider and cease further negotiations with the concerned airline (if such existed) and direct any contact made by the airline to the Service provider in order to ensure that the Service provider is in a position to achieve the best possible result in collecting the compensation.
2.7. If the Client receives any direct payments or any other compensation regarding the Claim concerned after entering into this Agreement, the Client shall be obliged to inform the Service provider without delay.
2.8. The Client shall provide the Service provider with full, truthful and accurate information necessary to pursue the Claim over the term of this Agreement for the purposes of successful collection of compensation.
3. TERMINATION OF THIS AGREEMENT
This Agreement shall automatically to an end when:
a) the Service provider has successfully recovered compensation according to Client’s Claim and the agreed amount has been transferred to the Client with a deduction of the success fee agreed herein, or
b) the Service provider has established that it would be futile to continue to pursue the Claim after conducting an in-depth review of the case and the Service provider has informed the Client that the Claim will not be pursued.
4. DESCRIPTION OF SERVICES
4.1. The Service provider represents the Client in negotiations with the airline for collection of compensation in accordance with the Claim on the basis of Regulation 261/2004 or any other applicable laws and regulations.
4.2. The Service provider informs the Client on the main stages of Claim settlement including, but not limited to the acknowledgement of documents, submission of the Claim to the airline, receipt of the final decision, receipt of monetary compensation from the airline.
4.3. In the event the Claim is successfully collected by the Service provider, the collected amount is transferred to the Client with a deduction of a service fee in the amount of 25% +VATfrom the total amount collected.
4.4. The Service provider may at its sole discretion initiate legal proceedings before a court or other competent institution for the recovery of the Claim. The Client will be informed of such decision no later than 3 days before the commencement of proceedings.
4.5. In the event that a contracted legal representative is used for legal action, the Client will allow the Service provider to grant the contracted legal representative access to all data communicated to the Service provider and allow the legal representative to transfer information concerning the proceedings to the Service provider. Where any other additional documents are required for the legal action, the Client undertakes to provide such additional documents.
4.6. The Client may at any time request that legal proceedings are not initiated or are terminated. In such case, the Client shall reimburse any legal costs sustained by the Service provider.
5. REMUNERATION TERMS
5.1. The Service provider collects a service fee only in case Client’s Claim is successfully collected. The service fee is 25% +VAT of the total amount collected from the airline.
5.2. All funds collected from the airline in relation to the Claim after this Agreement has been entered into are regarded as having been collected as a result of Service provider’s efforts.
5.3. In case the collected monetary compensation is transferred to Service provider’s bank account, the Service provider undertakes to inform the Client thereof within 5 business-days from the receipt of abovementioned payment and transfer the amount (with a deduction of the service fee) to Client’s bank account within 5 business days after receipt of Client’s bank account information. The parties may agree on other payment methods.
5.4. In case the airline transfers the monetary compensation directly to Client’s bank account or otherwise settles the Claim with the Client, the Client immediately informs the Service provider thereof and transfers the 25% +VAT service fee to Service provider’s bank account.
5.5. Any bank fees for the transfer of funds will be charged to the Client.
6. PERSONAL DETAILS
6.2. Unless the Client in each case in writing agrees, the Service provider will refrain from disclosing personal data to third parties, except if and insofar as such disclosure is required to recover any funds from the Claim.
6.3. The data provided can be adjusted and changed either by the Client personally or by the Service provider on the basis of an express written request by the Client. If so requested by competent authorities, the Service provider may disclose any data, including Client’s personal data.
7. RIGHT OF WITHDRAWAL
7.1. The Client may unilaterally withdraw from this Agreement within 14 days, without stating any reasons.
7.2. To exercise the withdrawal right, the Client shall notify the Service provider of the withdrawal within the 14-day period mentioned above to firstname.lastname@example.org and clearly state the intention to withdraw from this Agreement.
7.3. Due to the nature of the service provided, the Client cannot withdraw from this Agreement after the Service provider has informed the Client that the airline has accepted the Claim, since in such case the requested service has been completed.