These Terms and Conditions (the “Terms”) constitute the legally
binding agreement between a customer (“Customer” or “you”) and the
Company with regard to provisions of our Services (defined below). By
accepting these Terms, you agree to be bound by them and any
additional terms applicable to our Services, and the Getmyclaims
(“Company”) Privacy Policy
We recommend that you do not engage with the Company for any of
our Services until you have read and understood these Terms,
the Privacy Policy, and our fee structure. If you have any questions,
doubts, or concerns, please contact the Company at Getmyclaims or
refer to our
FAQs.
In these Terms, except where the context otherwise requires, the following words and expressions shall have the following meanings:
1.1 “Airline” means the commercial airline that operated the flight for which our Services may be provided.
1.2 “Air Passenger Rights Regulations” means any law, regulation, directive, international convention, or similar, whether issued on a state, federal, European Union, national, international, or regional level, and case law, upon which a consumer may claim monetary compensation, damages, or refunds in the event of overbooked, delayed, cancelled, or any other Flight Disruption (defined below) or luggage-related issues, including but not limited to, “EC 261”: Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated February 11, 2004.
1.3 “Assignment Agreement” means the document, in electronic or other format, requested by Company on a case-to-case basis, whereby you and the Company agree that the Company shall become the owner of the Claim, subject to the terms of the Assignment Agreement, in order to collect and receive payments on behalf of the Customer.
1.4“Authority Document” means the document which authorizes the Company to act on your behalf with regard to your Claim. The document may be in any manner and form, due to various jurisdictional requirements, including but not limited to a power of attorney or certificate of authorization.
1.5“Claim” means any claim submitted by the Company on behalf of the Customer against the Airline, to uphold the Customer’s passenger rights for Compensation, damages, or refund in accordance with Air Passenger Rights Regulations.
1.6 “Compensation” means any amount paid by the Airline to the Customer in relation to the Claim, including but not limited to compensation, refund, damages, settlement, a gesture of goodwill, or otherwise, as a result of Services provided by the Company.
1.7“Flight Disruption” means any and all disruptions experienced by the Customer, including but not limited to long delay, cancellation, denied boarding and/or downgrade.
1.8 “Form” means the initial information provided by the Customer to the Company in relation to the Claim, including but not limited to submission and execution of Assignment Agreement, Authority Document, power of attorney, or other documents which enable the Company to provide the Customer with its Services.
1.9“Legal Action” means initiating proceedings in court against the Airline, either by Company’s lawyers or a contracted legal representative such as a lawyer or a law firm.
1.10 “Privacy Policy” means Company’s privacy policy that can be found here. Policy
1.11 “Services” means monetary compensation services provided by the Company, including but not limited to the Company, either by itself or together with a third party, pursues a Claim on your behalf, including Legal Action, in accordance with these Terms and any additional terms specific to the Services selected by you.
1.12 “Service Fee” means the amounts payable by the Customer to the Company when the Customer receives Compensation in the manner as set out under/in Fees.
2.1 The Customer inter alia agrees and undertakes the following:
a. The Customer acknowledges that failure to adhere to any of the obligations under this clause will negatively impact the Company’s ability to provide the Service.
b. Prior to commencement of Services by the Company, the Customer agrees and acknowledges that Company will only claim Compensation that is monetary, and that it is in Company’s sole discretion to accept travel vouchers and/or other services as Compensation and that Airline’s offer/s for non-monetary compensation may be treated by Company as an Airline’s refusal of Compensation.
c. Prior to commencing the Services, the Customer agrees and acknowledges that the Customer is not pursuing the Claim by any other means either directly or through any other third parties and no legal dispute is directly or indirectly pending or expected between the Customer and the Airline on the same matter.
d. Upon receipt and review of the Form, the Company may at its sole discretion, proceed with or reject such Form, or may request further information or documentation prior to commencement of Services in relation to the Claim. The Company shall inform the Customer of the rejection or approval of the Form, in writing (emails permitted)
e. After submitting the Form, the Customer may not assign the Claim to any other party as the legal title to the Claim has been assigned to Company. The Customer may not mandate or authorize another third party to act on your behalf concerning the same Claim.
f. If the Customer receives any direct payments or any other compensation from the Airline after entering this Claim-Compensation arrangement with the Company, the Customer must inform about the same to the Company immediately. Such payments shall be considered Compensation under these Terms and entitle the Company to the Service Fee, and the fee for Legal Action, if any, prior to you having received any amounts from the Airline.
g. After submitting the Form, the Customer must cease negotiations with the Airline and direct any communication with the Airline in relation to the Claim to the Company. Reassignment: The Claim may be reassigned back to the Customer either at the request of the Customer, or by the Company’s initiative, at its sole discretion, in writing (emails permitted). In the event that you have signed an Authority Document, you may withdraw the authority given in the Authority Document by giving a written notice to the Company.
h. Upon receipt of the Form by the Company, the Company will prepare a request for payment in relation to the Claim and send it to the Airline and handle all further correspondence.
i. Reassignment: The Claim may be reassigned back to the Customer either at the request of the Customer, or by the Company’s initiative, at its sole discretion, in writing (emails permitted). In the event that you have signed an Authority Document, you may withdraw the authority given in the Authority Document by giving a written notice to the Company.
j.Upon receipt of the Form by the Company, the Company will prepare a request for payment in relation to the Claim and send it to the Airline and handle all further correspondence.
k. Legal Action: In the event the Airline fails to pay the Compensation within a reasonable period after being notified by the Company, or the Company has, in its sole discretion, assessed that the Airline is unlikely to respond to a request for Compensation, the Company may initiate Legal Action. In the event that Legal Action is initiated, and the Compensation is paid, the Customer will be required to pay to the Company, the fee for such Legal Action in addition to the Service Fee. Where a separate form or other additional documents are required to undertake the Legal Action, the Customer undertakes to take all steps, sign all documents and comply with any and all requirements as are necessary for the Company to obtain Compensation in relation to the Claim. If the Company commences Legal Action to pursue a Claim, the Company will cover any and all legal expenses incurred during the Legal Action, even if the Legal Action is lost. In the event a settlement has been arrived at between the Airline and Company through a Legal Action, Company may recover from the Customer, any and all costs incurred by the Company, that are not covered by the Airline. The Customer acknowledge that the final outcome of Legal Action and obtaining Compensation is a time taking procedure and is not under the control of the Company
l. Settlements: The Company may pursue the assigned Claim in its own name and may offer to or accept from the Airline, individual or collective, at its sole discretion, Claim settlements for Compensation. The Customer acknowledges that the decision to accept a settlement from the Airline for Compensation rests solely with Company. In the event the Company acts on your behalf, in accordance with an Authority Document, the Company shall accept or reject settlement offers at its sole discretion, without the consent of the Customer.
m. The Customer is responsible for providing the correct data to proceed with the Services in relation to the Claim. The Company shall not be held liable for any incorrect communications, documents, incorrect data/information, and fraudulent conduct shared by the Customer. In the event the Customer provides incorrect information or data, in addition to any other recourse, the Company shall be have the right to exercise any remedies available to it under law and in equity. In the event Compensation is not received by the Airline in relation to the Claim, the Company shall, with the instruction of the Customer, claim compensation in kind, such as a flight voucher, fidelity points, or air miles.
n. In the event Compensation is not received by the Airline in relation to the Claim, the Company shall, with the instruction of the Customer, claim compensation in kind, such as a flight voucher, fidelity points, or air miles.
o.Subject to occurrence of any event of Force Majeure, if the Company is prevented from performing its Services in relation to the Claim, the Company shall resume its Services upon cessation of such Force Majeure event. For the purpose of these Terms, “Force Majeure” shall mean if the Company is prevented from performing its Services for the reasons including, but not limited to, strike, lock-out, labor dispute, force majeure, natural disasters, 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, storm, Airline insolvency, etc.
3.1 The Customer shall be liable to pay the Service Fee to the Company in the event the Company is successful in obtaining the Compensation in relation to the Claim. The Company will transfer the Compensation to the Customer, after deducting the applicable Service Fee, plus GST. For clarity, the Service Fee shall not include any other expenses incurred by the Company towards obtaining the Compensation in relation to the Claim and such expenses shall be additionally charged to the Customer and the Customer shall be liable to pay the same to the Company.
3.2 The Service Fee and the fee for Legal Action shall apply to any kind of settlement whenever the Company is able to procure the Compensation, whether obtained through Legal Action, settlement with the Airline, or where Company has settled the Claim with the Airline jointly with other Claims.
3.3 In the event the Compensation and/or the legal expenses, interest, or any other amounts in relation to the Claim are transferred directly from the Airline to the Customer, the Customer shall immediately inform the Company of the receipt of such amounts. Upon receipt of such amounts, the Customer shall be liable to pay the Service Fee, legal expenses, fee for Legal Action, if any, interest, or any other amounts in relation to the Claim incurred by the Company, without any delay.
3.4Upon disbursement of the Compensation by the Company in relation to the Claim, the Company shall not be liable for checks, prepaid debit cards, credit cards, and similar lost in transit to the Customer, any effect of the Customer giving wrong information including but not limited to bank account details, address. In the event the Compensation has been paid to a wrong receiver, the Company shall not be obligated to reclaim it.
3.5 The Customer shall not be entitled to claim any interest on the Compensation during the time period between when the Company receives it and when it is transferred to the Customer. The Company reserves the right to retain any interest on any and all amounts recovered from the Airline.
4.1 Without prejudice to any other claims, rights or remedies that the Company may have against the Customer hereunder and/or under law or in equity, the Company may withdraw from the Service in relation to the Claim upon occurrence of Force Majeure and/or if the Customer has provided incorrect information engaged in fraud, or engaged in activities that the Company may reasonably suspect to be misleading or fraudulent, in relation to the Claim. The Company shall notify the Customer in writing of such withdrawal and the Company agrees to resume its Services on the dates as the Company deems fit upon cessation of such Force Majeure event and/or upon the Customer rectifying the submission of such incorrect information.
4.2 The Company may terminate its Services in the following circumstances:
a. Upon the occurrence of an event of Force Majeure which continues for a period of more than 7 (seven) days from the date of withdrawal;
b. In the event the Customer at any time fails, or is unable, neglects or refuses to perform any of its obligations specified under these Terms, or is otherwise in breach of its obligations and fails to remedy such breach within 7 (seven) days of issuance of the notice in this regard by the Company;
c. In its sole discretion, by notice to the Customer without assigning any reason; or
d. The Customer has provided incorrect information, engaged in fraud, or engaged in activities that the Company may reasonably suspect to be misleading or fraudulent, in which case the Customer shall not be entitled to the Compensation or any other payments.
4.3 The Customer shall not in any event, terminate its rights and obligations under these Terms, unless under the statutory provision that entitles the Customer in its capacity as a consumer to withdraw from these terms within 14 (fourteen) days from the date of conclusion, without giving any reasons.
4.4 Without prejudice to any right that the Producer may have hereunder and/or under law or in equity, if the Services are terminated for any reason, the Customer shall pay the Service Fee, fee for Legal Action including the legal expenses incurred by the Company and any all amounts payable to Company under these Terms, including without limitation, in the event of withdrawal of Services by the Customer after the Airline confirms the payment of Compensation, within a period of 7 (seven) days from the date of termination. The Company shall reassign the Claim of the Customer upon request by the Customer.
4.5 In the event of the Customer’s breach of any of the its obligations under these Terms, the Customer agrees that the Customer ’s sole remedy against the Company shall be for actual damages, if any. All rights to recover consequential and/or aggravated damages from the Company are waived by the Customer.
5.1 Versions and Modifications: The Company reserves the right to amend these Terms at any time without further notice. The latest version will always be available on the Company website. Any new features of our Services will be subject to the latest version of the Terms displayed on the Company website. Your use of the Services will be governed by the version of the Terms in place on the date in which you accepted them. If you are unsure of which version of the Terms applies to you, please contact Company at info@getmyclaims.com and we’ll provide them to you.
5.2 Data Protection: All personal data collected in the tenure of Services provided by the Company, or connected to the provision of such Services, will be subject to the Privacy Policy.
5.3 No Waiver: Save and except as expressly provided in these Terms, no exercise, failure to exercise, or delay in exercising any right, power, or remedy vested in the Company under or pursuant to these Terms shall constitute a waiver by the Company of that or any other right, power, or remedy.
5.4 Severability: If any provision of the Terms is adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of the Terms, or its validity or enforceability and the unenforceable provision shall be performed to the extent valid and enforceable.
5.5 Entire Agreement: The Terms, together with all agreements and documents executed contemporaneously with it or referred to in it, constitute the entire Terms in relation to its subject matter and supersedes all prior version and understanding, whether oral or written, between the Company and the Customer, with respect to such subject matter.
5.6 Assignment: The Customer shall not assign these Terms and/or any of its rights and obligations under the Terms to any third party. The Company has the right to assign any of its rights and obligations under these Terms to any third party, without seeking the Customer’s consent.
5.7Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of India and the Parties agree that the Courts at New Delhi shall have exclusive jurisdiction regarding any matter arising out of or related to these Terms.
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