This Damages Based Agreement is made on the day the Client, as defined in the Terms & Conditions, agrees to the Terms & Conditions and to this Agreement by ticking the relevant box or by signature.
This agreement is between
EUDELAY, ltd, registered company no. 08281471, registered address at 30 Church Road, Burgess Hill, RH15 9AE, registered in England
- This is a Damages Based Agreement made pursuant to the Damages-Based Agreements Regulations 2013 (Statutory Instrument 2013 / 609).
- This Agreement is intended to create a contract enforceable at law.
- The Terms & Conditions as accepted by the Client prior EUDELAY undertakes any actions on his/her behalf are incorporated into and apply to this Agreement. EUDELAY reserves a right to terminate the Terms & Conditions and the Agreement with the Client at any time.
- The definitions used in the Terms & Conditions apply to this Agreement.
- "The Claim" for the purpose of the definition in the Terms & Conditions and for the purpose of specifying the claim or proceedings or parts of them to which this Agreement relates as required by regulation 3(a) of the Damages Based Agreements Regulations 2013 is as follows:
- The Compensation claim under EC Regulation 261/2004 for monetary compensation or its equivalent.
- Any interest recovered from the Air carrier.
- Value of related expenses incurred as a result of a flight disruption.
- The Compensation claim under the Montreal Convention 1999 for lost or delayed luggage.
- For the Compensation or value within the scope of Article 5. (1.), (2), (3) and (4) of this Agreement successfully received either by EUDELAY or the Client, EUDELAY charges the Client 25%, plus VAT. The Client receives 70% NET.
- Should litigation against the Air carrier start by receiving the Client’s consent, the Client undertakes to pay statutory court fees, namely Issue court fee, Directions questionnaire fee (if applicable) and hearing fee (if applicable). These fees shall be returned to the Client when recovered from the defendant.
- This Agreement and the Terms & Conditions upon which EUDELAY agrees to act on the Claim on behalf of the Client on a contingency basis, so that EUDELAY will be paid the agreed percentage of the Client’s financial benefit from the Claim if the Claim is concluded with the award to the Client of financial benefit or settled upon terms which include the payment to the Client of that financial benefit or another benefit (e.g. a voucher), but will receive nothing if the Claim is lost.
- The services of EUDELAY will comprise the following in the Claim:
- Communication with the Air carrier;
- Communication with the relevant designated body as defined by Article 16 of EC Regulation 261/2004;
- Communication with any other relevant party;
- Ensuring that claim particulars are drafted and approved by the appointed law firm;
- Upon mutual agreement of the Client, EUDELAY and the law firm, providing full legal representation by appointment of the law firm.
- If the Client wins the Compensation, meaning that another party to the proceedings either agrees to, or is ordered to, pay a sum by way of financial benefit or other form of Compensation that can be financially quantified to the Client then EUDELAY is entitled to payment of 25%, plus VAT of that sum recovered, received, and/or awarded.
- The reason for setting the percentage at 25%, plus VAT is because the extent of work undertaken when acting on the Client’s behalf during pre-litigation or/and litigation stage.
- EUDELAY shall be entitled to deliver an Invoice to the Client in respect of the payment due to EUDELAY, if any, immediately after another party to the proceedings either agrees to or is ordered to pay a sum to the Client. The Invoice will set out a description of the Services provided by the EUDELAY, and identify the relevant VAT sum (if applicable). The Client must pay the Invoice within 7 days of receipt by the Client of the sum awarded against another party or agreed to be paid by another party in the Claim.