Unless the context requires otherwise, the capitalised terms used in these terms and conditions (“T&C”), shall have the meanings indicated below:
“Agreement” shall mean an assignment agreement / power of attorney between the Client and Skycop that is concluded after acceptance of T&C by the Client, which is signed by electronic means provided in Skycop website and/or app. In case that the transfer of the Client’s rights is not accepted, the Agreement is also considered as the Client’s expressed and irrevocable authorisation exclusively for Skycop or someone Skycop appoints to deal on the Client’s behalf, for all purposes related to the Claim including court litigation and reception of payments.
“Claim” means any claim against an airline for monetary compensation pursuant to Flight Compensation Regulation.
“Client” shall mean any natural or legal person that has accepted T&C and is seeking for Flight Compensation with the help of Skycop. For the avoidance of doubt, in case of a legal person, the legal person itself as opposed to its employee shall be considered as the Client and shall assume all rights and obligations provided in the Agreement including receiving Flight Compensation.
“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 an airline in relation to a Claim as compensation, settlement, gesture of goodwill or otherwise, to the Client or Skycop after the Client has accepted T&C. For avoidance of doubt, Flight Compensation do not include any payments of attorney’s, court fess, collection cost, interest or similar, which payments shall belong solely to 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 fills the Claim with a court, ADR, aviation regulatory agencies, consumer protection agencies and/or governmental body or handling over the Claim to contracted legal representative, such as an attorney or law firm.
“Skycop” means 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.
- The Client automatically and simultaneously accepts T&C (the Agreement) which is considered as the basis of any other documents to be concluded between the Client and Skycop, including the Agreement on the basis of which Skycop shall pursue the Claim against an airline.
- 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.
- 6.4. By entering into an Agreement and issuing the power of attorney, the Client warrants that he (she) is authorized and has legal capacity to execute these actions.
- The Client warrants that the Claim has not been assigned to third parties and no legal dispute is pending or expected between the Client and the airline in the same matter. After conclusion of the Agreement, the Client shall not negotiate with the airline and shall forward Skycop all related correspondence. For the term of the Agreement, the Client undertakes not to conclude any similar agreement with companies competing with Skycop to act in the interest of the Client, take legal action or dispose of the Claim, however this does not prevent the Client to directly refer to the airlines to defend his/her rights.
- The Client undertakes to provide Skycop with all data and/or information that is required for the execution of the Agreement.
- Skycop shall be entitled to accept only Flight Compensation and no travel vouchers and/or other services that may be offered by airlines shall be accepted, except if otherwise suggested by Skycop if it believes airline proposes sufficient compensation for the Client.
2. PURSUING OF THE CLAIM
- 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 a 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, the Client shall be required to sign the Agreement.
- 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.
- When the Agreement is concluded, Skycop immediately refers to the airline with a request for payment. Initially, Skycop shall start the Claim in a friendly manner in order to avoid litigation.
- Provided the airline refuses to satisfy the Claim after Skycop has reached the respective airline, Skycop is entitled to initiate Proceedings to pursue the Claim.
- During Proceedings, the legal representative of Skycop shall be granted access to all data provided by the Client to Skycop in order to successfully pursue the Claim. If third parties require any additional documents proving the representation by the legal representative, other than the Agreement, the Client, with the guidance of Skycop, shall immediately provide to the legal representative any such documents.
- 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 assignment has ended.
- If Proceedings are initiated to pursue the Claim, the Client shall be exempt from any costs incurred in the event the Claim is lost. In case of success or settlement in Proceedings, Skycop shall cover any costs incurred that are not covered by the respective airline. Provided that the Claim is successful and the Client receives compensation, the Client agrees that all costs incurred by Skycop and claimed from the airline goes to Skycop.
- 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 respective airline. The Agreement is considered as sufficient legal grounds for such discretion to be effective. The Client is entitled to revoke this acknowledgment at any time.
- 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
- Skycop pursues the Claim free of charge. Provided 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 Compensation sum (plus VAT, if applicable).
- If friendly arrangement with airline is not reached regarding the Claim, Skycop is entitled to commence Proceedings which shall result in the performance fee which is paid to Skycop indicated in Section 3.1 to be increased but not more than 50 % of the Claim amount. Prior to initiating the Proceedings, Skycop will refer to the Client in writing and explain consequences of the Proceeding. The initiation of the Proceedings is subject to the consent of the Client.
- 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.
- If the Client fraudulently provides incorrect or incomplete data and Skycop incurs additional costs due to such misinformation, the Client reimburse Skycop such costs.
- 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.
- 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 external cost imposed upon Skycop.
- For the accounts in the Single Euro Payments Area (SEPA), all payments will be sent to the account via bank transfer.
- To save bank costs, in case of shared booking, Skycop shall transfer all payments to a single account if the Clients give Skycop clearance to do so.
- Skycop shall not be liable for any checks, prepaid debit cards, credit cards and similar lost in transit to the Client, as well as for any effect of the Client giving wrong bank account information.
- If the Client requests so, Skycop shall provide an electronic invoice via email for any services delivered and fees charged by Skycop.
- 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, labor dispute, act of God, war, riot, compliance with a law or governmental order, rule, regulation, etc.
4. COOPERATION BY THE CLIENT
- 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.
- Before engaging in the services of Skycop, the Client has not disposed of the Claim in any other manner, nor has engaged a third party to enforce the Claim.
- 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. boarding pass, delay notification, correspondence with the airline or order on secondment.
- If the Client receives any direct payment or any other type of compensation, e.g. flight voucher, from the airline 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 3.1 in the bank account provided in the contact column of Skycop’s website or any other bank account provided by Skycop in a written form.
- If the Client provides incorrect or incomplete data or if the Client withheld from Skycop that the Client has already received compensation from the airline for the respective Claim and Skycop is not able to collect Flight Compensation or loses during the Proceedings, Skycop reserves the right to assert its claim against the Client for the resulting damage.
5. TERMINATION AND WITHDRAWAL
- The Agreement is terminated immediately:
- when Skycop considers that the Claim shall 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
- upon decision of the Client without stating reasons within 14 days since conclusion of the Agreement by submitting a withdrawal request by email.
- At any times, in case of termination of the Agreement and T&C 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 adverse costs incurred, court fees, costs of services, other bailiff’s costs, extrajudicial collections cots, authorised representative’s fees, additional fees and other costs incurred. The Client shall pay the amount indicated in this Section above within 14 days after receipt of an invoice by Skycop.
- 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. 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 3.1.
6. FINAL PROVISIONS
- 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
- The laws of the Republic of Lithuania apply to T&C, the Agreement and/or any other document concluded in relation to this T&C and the Agreement, except if otherwise agreed in the specific document which is satisfactory to Skycop.
- 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.
- In 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.
- Any dispute, controversy or claim, arising out of or relating to 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
- The Client is not entitled to assign or transfer all or any part of its rights and obligations under T&C, the Agreement and/or any other document in relation to T&C without a prior written consent of Skycop.
- 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.
- In case of discrepancies of the English version of T&C and any other language, the English text shall prevail.