Terms & Conditions
'Agreement' means an agreement between AirDelay.co.uk and the client for us to claim compensation from an airline on behalf of the client under these terms and conditions.
'Air Carrier' and ‘Airline’ means the airline from which we claim compensation on behalf of the client.
'Claim' means the Client’s claim or claims for Compensation against an airline made by AirDelay.co.uk relating to a delayed/cancelled flight.
'Client' means the person or persons who enter into the agreement with AirDelay.co.uk under to seek compensation from an airline.
'Compensation' means any sums paid or awarded in respect of any claim made by us on your behalf. This includes benefits, compensation, gestures of goodwill, refunds, and discounts.
'Offer' an offer of compensation made by the air carrier.
'Fee' means the fee of 25%+VAT of the total compensation payable.
'Regulation' means European Parliament Regulation No 261/2004 dated 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding.
'Us', 'We', 'Our', and 'Air Delay' means Code Marketing Ltd, registered in England & Wales. Registration number: 09128935
'You' and 'Your' means the client(s).
'Terms & Conditions' means these Terms & Conditions.
'Website' means www.airdelay.co.uk
2.1. The contract shall commence on the date you agree to these Terms & Conditions and, unless terminated earlier as per clause 6 below, will continue until the earlier of:
a) Compensation is recovered for you by us and you have paid the Fee, or
b) We have advised you in writing that in our opinion your claim is unlikely to succeed and we are declining to act for you.
3. We agree to:
3.1. Review your claim application and assess the likelihood of your claim being successful.
3.2. If after we have reviewed your application, it is our opinion that your claim is unlikely to be successful we may decline to act for you. We will notify you of this fact via phone, in email or writing.
3.3. If we accept your claim application, we will confirm this to you via email and prepare and submit your claim to the airline.
3.4. We will liaise with:
3.4.1. The airline and use reasonable endeavours to pursue your claim.
3.4.2. The relevant governing body as defined by article 16 of EC Regulation 261/2004.
3.4.3. Any other relevant party.
3.5. We will notify you promptly of any requests for additional information that the airline need to investigate your claim.
3.6. Notify you in via email of any offers of compensation made by the airline.
3.7. Obtain your agreement before accepting or rejecting any offer or compensation; except where the offer is for full payment in line with the regulation.
3.8. Notify you of any circumstances beyond our control which prevent us from performing the services under this contract.
4. You agree to:
4.1. Appoint us as your exclusive agent to handle this claim. This means that you cannot appoint another person or firm to act on your behalf in respect of this claim, unless you terminate this agreement with us.
4.2. Provide full authority to us to deal with the airline on your behalf.
4.3. Provide truthful and accurate information regarding your claim.
4.4. Respond promptly to requests by us for further information, or documents that may be needed to progress your claim.
4.5. Pay our fee due as a result of a successful claim.
4.6. Upon receipt of an invoice for the fee, you will pay the amount due to us within 5 days of receiving payment from the air carrier.
5.1. Our fee is 25%+VAT of compensation awarded as the result of a successful claim. (VAT is only applicable to the fee NOT the total compensation)
5.2. We will not charge you if the claim is unsuccessful.
5.3. You will not have to pay until you have received payment from the airline.
5.4. Where the air carrier pays us directly; we will deduct our fee before posting out cheque(s) to the address provided when you signed up for passengers on your claim.
5.5. Where the air carrier pays you directly; once you/we have received an offer of compensation from the airline we will send you an invoice for the fee specified above, which can be paid online via credit/debit card.
5.6. Our fee must be paid within 5 days of receipt of payment from the air carrier. (This is known as the grace period).
5.7. We reserve the right to charge you for any reasonable costs incurred in seeking to recover our fee from you including interest at the rate of 2% per annum over the base lending rate of Barclays Bank if our fee is unpaid at the end of the grace period described in 5.6 above.
5.8. Our fee will be applicable to any successful claim, regardless if the payment is received by you or us. The fee will also apply if the airline agrees to pay you the full amount in a response to a private complaint made before or after entering into this agreement.
5.9. Where partial compensation has already been awarded, fees will be calculated based the total redress received.
6. How You Can Cancel This Agreement
6.1. You have 14 days from the date of signing this agreement to cancel your authority for us to act on your behalf. Cancellation is without charge and you will have nothing to pay under this agreement.
6.2. You can cancel the agreement at any time after the 14 days by writing to us.
6.3. If you cancel the agreement in accordance with clause 6.2 above, we reserve the right to charge you reasonable costs for the administration of your claim, up to the point where you informed us you would like to cancel.
6.4. If at the time of cancellation described in 6.2 above, we have received either confirmation that the claim is to be upheld or an offer of compensation has been made we reserve the right to charge the full fee.
7. How We Can Cancel or Change This Agreement
7.1. We can cancel this agreement by giving you 14 days’ notice in writing if any of the following events occur:
a) We become aware that your claim is unlikely to succeed.
b) You are declared bankrupt.
c) You enter into an Individual Voluntary Arrangement with your creditors or have a Bankruptcy petition presented against you.
d) You do not follow any reasonable recommendations we make.
e) You provide information which you knew to be false or misleading in support of your claim and this information is material to the success of your claim.
f) You fail to respond to reasonable requests for information in a timely manner and this prevents us from administering your claim.
g) You breach a term of the agreement and you do not correct this breach within 14 days of receiving written notification from us detailing the breach and the action required to resolve the breach.
7.2. Subject to the notice period in clause 7.3 below, we may change the terms of this agreement from time to time to reflect the increased cost of providing the service to you, to reflect changes or predicted changes in legislation, taxation or regulation.
7.3. We will always give you at least 14 days’ written notice of any changes before they take place. If you are not willing to accept the proposed change, you will be free to end the agreement and you will have no amount to pay under the Agreement.
8. General Conditions about This Agreement
8.1. This Agreement is governed by English law.
8.2. We may transfer our rights under this Agreement by giving you 30 days’ written notice of such transfer. You will be free to reject a transfer of rights by contacting us and cancelling your agreement. If you cancel in these circumstances you will have nothing to pay under this agreement.
If you have any questions regarding our terms & conditions please contact us on 01606 800135 or email: email@example.com