Terms and Conditions of Skycop
Unless the context of the Terms and Conditions of Services requires otherwise, the capitalised terms used in these Terms and Conditions of Services (“T&C”), shall have the meanings indicated below:
“Agreement” shall mean the agreement between the Client and Skycop that is concluded after the Client got acquainted with and accepted T&C, which is signed by electronic means or in writing. Under the Agreement the Client assigns to Skycop full ownership and legal title to his (her) monetary claim pursuant to Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 (establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancelation or long delay of flights, and replacing Regulation (EEC) No 295/91) or any other analogous or similar national regulation applicable in respect of the Client in another country which establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancelation or long delay of flights, including all amounts related to the Assignment (“Assignment”).
Only where the Assignment agreement (form) is declared invalid or cannot be considered valid in the particular jurisdiction (country), the Agreement concluded between the Client and Skycop shall be considered as a contract for services according to which Skycop administers Client‘s Assignment and undertakes to organize and finance the collection of the Assignment and to execute all other actions in relation to the Agreement.
“Claim” means any claim against a flight operating carrier for monetary compensation pursuant to Flight Compensation Regulation.
“Client” shall mean a person that has signed the Agreement, accepted T&C and is seeking for Flight Compensation with the help of Skycop.
“Electronic Identification Regulation” means Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.
“Flight Compensation Regulation” means Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.
“Flight Compensation” means total amount of money paid by a flight operating carrier in relation to a Claim as compensation, settlement or gesture of goodwill, including all additional expenses compensated to the Client or Skycop by free will and decision of an operating carrier after the Client has signed the Agreement and accepted T&C. To avoid any doubts, it shall be specified that the Flight Compensation does not include any legal fees, court fess, collection cost, interest, penalty or similar expenses incurred, which are paid by Skycop during the entire collection process. Accordingly, all the amounts paid by Skycop during the collection processmust be refunded and paid exclusively for the benefit of Skycop.
“Privacy and Data Protection Requirements” shall mean all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice (if any) issued by the relevant supervisory authorities, and the equivalent of any of the foregoing in any relevant jurisdiction (whether mandatory or not).
“Proceedings” shall mean a process when Skycop files the Claim to a court, alternative dispute resolution institutions, aviation regulatory agencies, consumer protection agencies and/or governmental bodies or handling over the Claim to a contracted legal representative, such as an attorney or law firm.
“Skycop” means a legal entity (UAB Skycop.com, legal entity code 304423851, registered address at Smolensko str. 10-101, Vilnius, Republic of Lithuania), operating a platform designated for securing compensation of air passengers for delayed, cancelled and/or overbooked flights.
The aforementioned definitions shall be used upon concluding and performing any document or transaction connected with T&C.
1. The Client accepts T&C (the Agreement) which is considered as the basis of any other documents to be concluded between the Client and Skycop by free will.
2. Skycop uses online authentication service for advanced electronic signatures complying with requirements set forth in Article 26 of the Electronic Identification Regulation that is internationally recognised and accepted even by courts, so the Client does not have to print, sign and return the Agreement by registered mail.
3. By entering into an Agreement, the Client confirms that he (she) is authorized and has legal capacity to sign documents binding both Skycop and the Client.
4. The Client confirms that the Assignment of Flight Compensation has not been assigned to third parties and no legal dispute is pending or expected between the Client and the flight operating carrier on the same matter. The Client understands that by making Assignment he/she may not conclude the same and/or any similar agreement, including companies competing with Skycop to act in the interest of the Client, take legal action in relation to collection of the Flight Compensation.
5. The Client undertakes to provide Skycop with all data and/or information that is required for the collection of the Flight Compensation from the flight operating carrier.
6. Skycop shall be entitled to accept only Flight Compensation and no travel vouchers and/or other services that may be offered by the flight operating carrier shall be accepted.
7. By signing the Agreement and agreeing with T&C the Client confirms that he (she) will not maintain any direct contact or accept the payment from an operating carrier.
8. The Client confirms and declares that T&C are a direct proof and expression of true will and to be respected by flight operating carriers. Client considers Skycop to be his (hers) partner and demands flight operating carriers not to create any artificial and formal obstacles in the process of Flight Compensation collection. At the same time the Client agrees with Skycop that all Flight Compensation payments made by operating carriers under Skycop‘s Claims should be made directly to the bank accounts owned by Skycop or other bank accounts as agreed by Skycop and the Client.
9. The Client also agrees that Skycop will assist him (her) in the exercise of his (her) right to defend him (her) in the collection of the Flight Compensation.
2. PURSUING OF THE CLAIM
1. Flight data in relation to the Claim may be submitted to Skycop preferably via Skycop’s website, mobile app, email and/or any other electronic or software solutions supported by Skycop. After such data is received, Skycop shall assess the merits of the flight and whether the Claim on the grounds of such flight data could be successful. If Skycop estimates that the flight data provided by the Client is sufficient and Claim could be successful, Skycop shall execute all necessary actions in relation to the collection of Client’s Flight Compensation according to the documents signed and approved by the Client.
2. Please note that the result of the assessment as provided in Section 2.1 above does not include any binding statement and does not guarantee successful enforcement of the Claim.
3. When the Agreement is concluded, Skycop refers to the flight operating carrier with the Claim in order to reach settlement and avoid Proceedings.
4. Provided the flight operating carrier refuses to satisfy the Claim after Skycop has reached the respective carrier, Skycop is entitled to initiate Proceedings to pursue the Claim.
5. During Proceedings, the legal representative of Skycop shall be granted access to all data provided by the Client to Skycop in order to pursue the Claim. If third parties require any additional documents proving the powers of the legal representative, the Client, with the guidance of Skycop, shall immediately provide to the legal representative with any of such documents.
6. If, after assessing the merits of the Claim, the legal representative considers that pursuit of the Claim during Proceedings is unlikely to succeed, the Client will be informed and Skycop will pursue the Claim no further. Such notification of the Client shall mean that the collection of the Flight Compensation has ended and full ownership and legal title to the Assignment is automatically returned to the Client without conclusion of additional agreements.
7. If Proceedings are initiated to pursue the Claim, the Client shall be exempt from any costs incurred in the event the Claim is not upheld. In the case of success or settlement in the Proceedings, Skycop shall cover any costs incurred that are not covered by the respective flight operating carrier. Provided that the Claim is successful and the Client receives the Flight compensation, the Client agrees that all costs incurred by Skycop and claimed from the flight operating carrier are paid to Skycop.
8. The Client and Skycop confirm their acknowledgment that Skycop has sole discretion to accept and/or reject any settlement offer in accordance with experience with the respective flight operating carrier. The Agreement is considered as sufficient legal ground for such discretion to be effective. The Client is entitled to revoke this acknowledgment at any time and terminate all legal ties with Skycop in accordance with the procedure provided in the T&C.
9. The Client acknowledges that the Claim handling by the court may take considerable time and that Skycop cannot influence how quickly the Claim can be asserted.
3. FEES AND PAYMENT
1. Settlement in accordance with the procedure provided in these T&C for the Assignment is linked to the essential condition that the Flight Compensation is received i.e. paid to Skycop’s or Client’s bank account. Upon payment of the Flight Compensation by the flight operating carrier Skycop and the Client shall settle in accordance with the procedure provided in the T&C.
2. Skycop pursues the Claim free of charge. Provided that the Claim is successful and the Flight Compensation is received by Skycop, Skycop is entitled to remuneration for the services provided under the Agreement equal to 25 % of the Flight Compensation amount (plus VAT, if applicable).
3. If settlement agreement with a flight operating carrier is not reached regarding the Claim, Skycop is entitled to commence Proceedings which may result in the increase of the payment for services which is paid to Skycop as indicated in Section 3.2 but not more than 50 % of the Claim amount. Prior to initiating the Proceedings, Skycop will infrom the Client in writing.
4. The Client pays for the services provided by Skycop under this Agreement within 10 (ten) days from a day the Claim is satisfied. The Client confirms his (her) acknowledgement that parties to the Agreement may set-off their counter-claims. In order to avoid uncertainty between the Client and Skycop, the Client must also pay for the services provided after receiving a partial payment of the Claim (partial Flight Compensation).
5. If the Client fraudulently provides incorrect or incomplete data and Skycop incurs additional costs due to that, the Client shall reimburse such costs to Skycop.
6. As the registered office of Skycop is located in the Republic of Lithuania, the amount of VAT to be paid is stipulated by the laws of the Republic of Lithuania in accordance with the legally stipulated rate.
7. If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to Skycop, Skycop is entitled to deduct all additional costs incurred by Skycop.
8. For the accounts in the Single Euro Payments Area (SEPA), all payments will be sent to the account via bank transfer. When making an international transfer to the Client all bank fees are deducted from the Client‘s Flight Compensation.
9. To save banking costs, in case of shared booking, Skycop shall transfer all payments to a single account if the Client permits Skycop to do so.
10. Skycop shall not be liable for any checks, prepaid debit cards, credit cards and similar means which are lost by the Client as well as for any effect of the Client giving wrong bank account information.
11. If the Client requests so, Skycop shall provide an electronic invoice via email for any services delivered and fees charged by Skycop.
12. Skycop shall not be liable for any failure to pay the agreed Flight Compensation due to circumstances which are beyond its reasonable control, including, but not limited to strike, lock-out, labour dispute, act of God, war, riot, compliance with a law or governmental order, rule, regulation, etc.
13. Flight Compensation and any other payments will be made by Skycop only to final beneficiaries with the right to claim Flight Compensation. Skycop shall not pay Flight Compensation and (or) any other payments to intermediaries, agencies, representatives and (or) other third parties which, together with the request for payment of the Flight Compensation do not provide any specific written proof clearly and unambiguously confirming the authority to accept payments on behalf of the final beneficiary. In case of any doubt regarding the right to receive payments, Skycop has the right to request additional proof confirming the right to accept payments on behalf of the final beneficiaries and (or) unilaterally refuse to pay the Flight Compensation directly to such person.
4. COOPERATION BY THE CLIENT
1. The Client warrants that data and information provided by the Client to Skycop in relation to the Claim is correct, complete, true and not misleading. The Client shall keep Skycop indemnified for any claims which arose due to incorrect information provided by the Client and/or lack of cooperation or improper cooperation by the Client.
2. Before engaging in the services of Skycop, the Client has not disposed of the Assignment in any other manner, nor has engaged any third party to enforce the Claim.
3. The Client shall with or without a specific request provide Skycop with all the data and documents that are required for processing the Claim, e.g. copies of identity documents, boarding pass, delay notification, correspondence with the flight operating carrier or order on secondment.
4. If the Client receives any payment or any other type of the Flight Compensation, e.g. flight voucher, from the flight operating carrier after engaging Skycop’s services, the Client is obligated to inform Skycop immediately. In such case, the Client shall be obliged to pay Skycop the commission, indicated in Section 3.2 or 3.3, in 10 (ten) days from the day the Flight Compensation is received from the flight operating carrierto the bank account provided in the contact column of Skycop’s website or any other bank account provided by Skycop in a written form.
5. If the Client provides incorrect or incomplete data or if the Client withheld from Skycop that the Client has already received the Flight Compensation from the flight operating carrier for the respective Claim and Skycop is not able to collect the Flight Compensation or losses through the Proceedings, Skycop reserves the right to assert its claim against the Client for the resulting damage.
5. TERMINATION AND WITHDRAWAL
1. The Agreement is terminated immediately:
– when Skycop considers that the Claim may not be successful after conducting an in-depth review of the Claim and the Client is informed regarding such decision; or
– in case of incorrect data/information and fraudulent conduct by the Client upon decision by Skycop; or
– if within 14 (fourteen) days since the conclusion of the Agreement, the Client, without stating any reasons, submits a withdrawal notice by email.
2. In any case, in the case of termination of the Agreement by the Client after contractual work has already been performed or after Skycop and/or legal representatives have commenced Proceedings, Skycop is entitled to charge the Client administration costs as well as other costs incurred, court fees, costs of services, bailiff’s costs, extrajudicial costs, authorised representative’s fees, additional fees and other costs incurred. The Client shall pay the amounts indicated in this Section within 10 (ten) days after receipt of Skycop’s invoice.
3. If the Client is a consumer pursuant to EU-consumer regulations, i.e. acts outside the scope of business, it has the statutory right of withdrawal from the Agreement at the same time returning full ownership to his (hers) Assignment. The Client is entitled to terminate the Agreement with a written notice served to Skycop 5 (five) days in advance. In case the Agreement in terminated by the Client, Skycop is entitled to reimbursement of the costs incurred in a course of supply services to the Client under this Agreement, and the reimbursement shall not exceed a sum specified in Section 3.2.
6. FINAL PROVISIONS
1. Skycop is authorized to alter T&C and set forth additional conditions at any time and without notice, however shall put efforts for the Client to be updated with any such alterations. If any such alterations are negative from the Client’s perspective, the Client shall have to approve such alterations in order for amended T&C to be applied to the respective Client.
2. The laws of the Republic of Lithuania apply to the T&C, the Agreement and/or any other document concluded in relation to the T&C and the Agreement, except if otherwise agreed in the specific document which is satisfactory to Skycop.
3. Skycop will use the Client’s and, if applicable, its employees’ personal data exclusively for enforcing the Claim. Any and all information regarding the extent and form of data collection, storage and usage of personal data can be found in Skycop’s Data Protection Policy.
4. In the case the Client is a legal entity, it warrants and represents that:
– the personal data provided by such to Skycop has been collected and is to be provided to Skycop at all times in accordance with the Privacy and Data Protection Requirements;
– for the purposes of this Agreement Skycop will be acting as a data processor, rather than as a data controller (as they are understood under the Privacy and Data Protection Requirements), in respect of all such data processing activities which Skycop may carry out under this Agreement.
5. Any dispute, controversy or claim, arising out of or relating to the T&C, its breach, termination or validity shall be finally settled in the respective court of the Republic of Lithuania subject to the rules of jurisdiction.
6. If any provision of T&C is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the other provisions of T&C will remain in full force and effect. Any provision of T&C held to be illegal, invalid or unenforceable only in part, or to a certain degree, will remain in full force and effect to the extent that it is not held illegal, invalid or unenforceable. Skycop will amend T&C by replacing such illegal, invalid or unenforceable provisions with legal, valid and enforceable provisions that would produce the result as close as possible to the intentions of Skycop and the Client. Skycop will put all their best efforts into ensuring the implementation of all the provisions hereof.
7. In case of discrepancies of the English version of T&C and any other language, the English text shall prevail.