These Terms and Conditions must be read carefully before using the https://claimdon.com website (from now on referred to as the “Website”). The Website and the service Claimdon are operated by the company Libor Marketing Management Ltd, with its registered place of business at Dinka Šimunovića 14, 21000 Split, Croatia, OIB; 21314052876, a limited liability company registered with the Split Commercial Court Registry under number 060198919. These Terms and Conditions apply to all visitors, users and others who shall access or use the Website.
“Additional expenses”: Expenses that occur as a result of flight disruption related to meals, refreshment, telecommunication services or in a case of an overnight stay, accommodation and transport from the airport to the place of accommodation and vice versa. “Airline”: The air carrier operating the flight in particular situation. “Appropriate Legislation”: Law, regulation, convention, directive or similar, or any other regulation that establishes a legal framework regarding rights of air passengers. “Claim(s)”: Any process of financial nature arising from the Appropriate Legislation and submitted through Claimdon website. “Claimdon”: The Website and the service Claimdon are operated by the company Libor Marketing Management Ltd, with its registered place of business at Dinka Šimunovića 14, 21000 Split, Croatia, OIB; 21314052876, a limited liability company registered with the Split Commercial Court Registry under number 060198919. “Client(s)”: Person that has accepted these T&C and may be entitled to the Compensation in accordance with the Appropriate Legislation, another person or a company representing such person (pursuant to a relevant power of attorney), and who requests Claimdon to pursue the Claim. If the person is a minor, the Client becomes his or her parents, or another legal representative (custody, etc.). “Compensation”: Amount paid by the Airline in relation to the Clients Claim. It must be noted that Compensation does not include any payments for court fees, collection cost, interest or similar; those payments shall belong solely to Claimdon. “Contract”: A contract between Claimdon and the Client based on Client’s consent to these T&C, which are integral part hereof. “Electronic Signature”: An electronic marker that implies that the Client agrees to Claimdons Terms & Conditions and the Contract as well. “Fee”: A remuneration of Claimdon for successful collection of the Compensation for the Client. “Legal Action”: Handing over a Claim to a contracted legal representative, such as attorney or a law firm or initiating a court procedure, or filing a Claim to government bodies or national enforcement body (NEB) “Legal Partner(s)”: A contracted partners of Claimdon, a lawyer or a law firm authorised to perform Legal Activities in a particular country. “Payment”: Amount paid to the Client once the Claimdon fee is deducted from the total sum paid by the airline with regard to Clients Claim. “Power of Attorney”: An authorization of the Client allowing Claimdon to act on Clients behalf when pursuing the Claim from the Airline.
Claimdons service is carried out on a base of a Power of Attorney granted by the Client simultaneously with acceptance of these Terms and Conditions through Website. A power of attorney becomes effective on the day of conclusion of the Contract and shall expire after twenty-four months from that date. The Client shall receive an electronic copy of the Contract from Claimdon via email. Meanwhile, the Contract could be terminated by the Client or the Claimdon for the reasons listed further at 2.3.
The Client expressly authorises Claimdon to perform following acts on the Client’s behalf:
Agreement between Claimdon and Client will be terminated in following situations:
Client will be informed in writing via email that the Contract is terminated, with immediate effect when delivered. Even if the Contract is terminated, by the Client or Claimdon, in case the Compensation is paid out as a result of Claimdon activities, Claimdon is entitled to its fee as set out in Price List. In case the Client terminates the Contract after the court proceeding begins without stating justified reasons, he is obliged to reimburse Claimdon all the already paid court fees and all the fees that occur related to the court procedure.
Claimdon website is used to provide necessary information regarding air passenger rights in cases of flight disruption and to obtain compensation in the name of passenger(s). It is also used to evaluate the circumstances of disruption using an electronic system to determine if the Client could be entitled toa compensation. Through Claimdon website, the Contract between passenger and Claimdon is signed when the Client accepts T&C by giving its signature and submits the Claim. Following the submission of the Claim, the Client can see its status through website and update documents if necessary. Claimdon is an air passengers’ right service which helps passengers obtain flight compensation in cases of delay, cancelled or overbooked flights and reimbursement for additional expenses that occurred in relation to disturbed flight. This service is money risk-free, meaning that in case Claimdon does not obtain Clients compensation from the airline, it won’t charge its fee or any other fee. The fee will be charged only when Compensation is received from the airline in amount as it is set out in Price List, 25% (VAT included). Flight compensation is requested from an airline on the basis of Regulation 261/2004 or any other Appropriate Legislation in force applicable to the Client’s particular air travel.
Necessary information regarding the flight must be submitted to Claimdon by the Client through the Website (email or other electronic or software solutions supported by Claimdon). The Contract is based on Client’s consent (by giving its signature) to these Terms & Conditions which are its integral part, before submitting the Claim, on Claimdons Website. Claimdon uses certified online authentication service that is internationally recognised and accepted by courts so you can easily fulfil this step without having to print, sign and send us this document. In accordance with the Regulation (EU) No. 910/2014 and the Croatian law regarding electronic signatures, as amended, electronic signatures have the same legal standing as handwritten signatures using pen and paper. The Client is aware and ensures that the documents signed by his electronic signature are deemed to be signed by him personally. The Contract gives exclusive power to Claimdon to process Client’s Claim and the Power of Attorney in case of a Legal Action. Once the Claim is submitted, Claimdon will check and evaluate the flight information and verify the flight data. If the necessary requirements for compensation are not fulfilled, Claimdon will inform the Client that the Claim will not be processed, without undue delay. The Contract will be terminated with immediate effect in that case. If the necessary requirements for compensation are fulfilled Claimdon will prepare and send to the Airline a request for payment, without unreasonable delay, and handles all further correspondence.
If the airline refuses to pay the Compensation within a reasonable period, Claimdon may initiate a Legal Action against the airline at no extra cost for their Client. If the contracted Legal Representative is used for Legal Action, the Client allows Claimdon to share with the Legal Representative all the data submitted to Claimdon regarding the Claim. Legal Representative has the right to review circumstances of the case and to decide not the proceed with the case if there are no sufficient reasons to believe it will be a success. In any event, the Client will be informed about the status of its Claim. If Claimdon decides to pursue the compensation in a court of law, the Client’s presence will not be required, but the Client must cooperate with Claimdon in the unlikely event that the Court asks for any additional document or evidence. All the cost that may occur in case of the legal proceeding, regardless of the outcome of the case will be covered by Claimdon.
Claimdon notes that the result of this initial evaluation does not include any binding statement on the actual chances of a successful enforcement of a Claim. Additionally, Claimdon requests from its Clients to upload documents about the flight such as a ticket, receipt of the expenses that Client had and the signed Contract for additional passengers. The Client acknowledges that it is the sole decision of Claimdon to accept any settlement offer. Claimdon may reject any settlement offer for any reason and shall not be liable for any amount of compensation, damages for loss of opportunity or similar, including, but not limited to, the Claims falling for a statute of limitation, if Claimdon has accepted or rejected a settlement offer, if it is not caused by intent or gross negligence of Claimdon. Claimdon shall not be liable for any amount of compensation, damages for loss of opportunity or similar, including, but not limited to, the Claims falling for a statute of limitation, if the Client has been advised about the closure of case due to an insufficient prospects of success, if it is not caused by intent or gross negligence of Claimdon.
Client is obligated to cooperate with Claimdon while the Claim is processed, providing any document and information that is necessary, ensuring their truthfulness and accuracy. Client is not allowed to assign any other entity to handle its case, to carry out any legal actions related to the Claim directly or indirectly or to communicate directly or indirectly with the Airline after the Contract is signed. Client, signing the contract, warrants Claimdon that no such agreement exists and there is no pending or expected proceeding relating the same flight. When the Contract is established, and the Airline pays the Compensation directly to the Client or third entity, the Client shall immediately inform Claimdon via email and pay Claimdon the 25% fee in 15 days from the date the amount is paid to the Client. The Client warrants that he or she will indemnify Claimdon in a case of breach of any of his or her obligations.
Claimdon reserves a right to take a 25% fee (including applicable VAT) in case of a successful Claim. If Claimdon does not succeed with the Claim, none of the fees will be charged, making its service financially risk free for its customers. The only exception is the termination of the Contract by the Client without justified reason after the 14-day period, as stated in part 9.1. Fee will be charged upon successful receipt of the Compensation from the airline to Claimdon. If the Compensation is paid directly to the Client, he or she is obliged to pay the fee to Claimdon, no later that within 15 days after the receipt of the Compensation. In case of undertaken Legal Activities, the fee remains the same, 25% (including applicable VAT). All the fees related to court procedure will be covered by Claimdon. If any other form of settlement is accepted (e.g. travel voucher, frequent flyer bonus points or similar), the Client is charged a service fee amounting to 25% of the value of received compensation converted to a financial sum in EUR. If the service fee cannot be determined, it shall be agreed between Claimdon and the Client in writing via email before accepting the Compensation. In a case of a court proceeding or Legal Partners involvement, Claimdon will cover all costs and fees that may incur. In case the court proceeding has a positive result, Claimdon has a right to keep the amount paid by the airline for proceeding costs in its entirety. The commission and all fees stated above include applicable VAT if it is not expressly noted otherwise. Invoices related to the Services will not be provided as default. If prescribed by law, the tax receipt about provided services will be issued on request.
Airlines will be requested to make the payment directly to Claimdon account. The Client will have several available options of transferring money. Payment options differ in charged fees, so we kindly ask Clients to read all the information before choosing one.
Once the Client is informed about the successful outcome of the Claim, he or she is obligated to select a preferred payment method within five working days from the notice. If the Client does not provide all the information necessary for the transaction of payment within 30 days after the notice, Claimdon has the right to 100% amount of Compensation and to retain the Payment that should have been transferred to the Client. The Payment can only be made in EUR, USD or GBP, depending on the airline in particular case. Client cannot claim to Claimdon any loss that is a result of currency conversion, exchange fee or any other fee that the third party may apply while transferring payment. If the Client provides incorrect payment details for the transfer of the Payment and money returns to the bank account of Claimdon, the Client will be informed via email. If the Client provides Claimdon with an incomplete or wrong information and consequently the payment could not be completed, the Client will bear the costs of repeated transaction, in an amount of 10 euros. Claimdon shall not be liable for any amount of compensation, damages or similar if Claimdon is prevented from transferring the payment to the Client by an event beyond its reasonable control. Including without limitation, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood and storm.
Claimdon is obligated according to these Terms & Conditions to give 5% of its fee to a charity organisation of Client’s choice. This donation will not affect amount Client is entitled to; it will be deducted entirely from the Fee Claimdon is entitled to in case Client’s Compensation is obtained from the Airline. Once the Compensation is paid by the Airline, Claimdon is obliged to make a donation in a reasonable period of time.
Claimdon will use personal data provided by the Client in accordance with applicable privacy and data protection laws and only for the actions related to processing the Claim successfully. The Client, signing the Contract with Claimdon, gives explicit permission to process the personal data provided and to use them in the context of the Contract. Personal data will be transferred to third parties only under the conditions as listed below:
Client is obliged to provide accurate, complete and correct data and information that are necessary to proceed with the Claim. In case of third-party claims including, but not limited to, incorrect data, information or other fraudulent conduct, the Client agrees to indemnify Claimdon in all respects entirely. In case of aforementioned situations, the Contract will be terminated with immediate effect by Claimdon and the Client will not have any right to a compensation of any kind.
Claimdon liability towards the Client shall never exceed the value of the Claim assigned to Claimdon.
The Client has a right of withdrawal at any time in a 14-days period and latter. In a period of 14-days, Client can withdraw acceptance to the Contract without the need to specify any reason. Withdrawal must be sent by e-mail at email@example.com in mentioned period of time and Client’s intention to withdraw from the Contract must be clearly stated. If the Client wishes to withdraw from the Contract after 14-days period, his or her intention must be expressed in the same way. The reason for withdrawal must be provided only if Claimdon initiated Legal Action or transferred Claim to the Legal Partner.
An example of withdrawal:
I hereby withdraw the Contract with Claimdon concluded on (DATE OF CONCLUSION) and registered under reference code (REFERENCE CODE) because (REASON).
Name of the Client
Signature of the Client
Date of withdrawal
In case that Claimdon informs Client in a 14-days period that the Airline accepted the request for payment Client have no right to withdraw from the Contract since Claimdon has completed the service Client requested. If the Client is informed about initiation of the Legal procedure or of the fact that the Claim has been transferred to the Legal Partner, the Client will have to reimburse Claimdon for expenses that occur in relation to those actions only if the Client does not provide justified reason for withdrawal.
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