General Terms and Conditions of the EUDELAY, ltd
"Agreement" means an agreement between EUDELAY and the Client that empowers EUDELAY to seek financial compensation for and on behalf of the Client while the Client accepts the below listed Terms and Conditions. The acceptance may be made by ticking the relevant box at the Website.
"Air carrier" means an Air carrier from which the Compensation is claimed.
"Claim" means a claim for Compensation made by EUDELAY on behalf of the Client under the Regulation by dealing with the Air carrier, the relevant national enforcement body or/and by seeking a legal action through the relevant court of justice by virtue of a further appointment and consent to a legal representation provided by a law firm at the appropriate stage.
"Client" means a person(s) that enters into the Agreement under these Terms and Conditions.
"Compensation" means financial or other compensation from the Air carrier of which the Client is beneficiary.
"EUDELAY" means EUDELAY, ltd, registered company no. 08281471, registered address at 30 Church Road, Burgess Hill, RH15 9AE, registered in England.
"Order" means Clients intention to enter into the Agreement.
"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 or re-routing; or compensation rights arising to passengers under the Montreal Convention 1999 (Convention for the Unification of Certain Rules for International Carriage by Air - Montreal, 28 May 1999).
"Remuneration" means EUDELAY charge of 25% plus VAT, of the successfully claimed Compensation. Should the Compensation benefit the Client in other way than financial the Client undertakes to reimburse EUDELAY financially in the above stated percentage of the total value of non-financial Compensation.
"Terms and Conditions" means these terms and conditions.
"Website" means EUDELAY's website at www.EUDELAY.co.uk.
- The Agreement entitles EUDELAY to act on behalf of the Client in seeking Compensation under the Regulation.
- The Agreement does not constitute any certainty over the success of the Claim nor it creates grounds for any loss or damage on the side of the Client.
- The Agreement is only concluded if or when EUDELAY accepts the Client's Order, or if EUDELAY commences work on the Claim for the Compensation.
- Although EUDELAY always does its best to provide all with detailed information, it is entitled to refuse Orders without stating reasons. In case of refusal, EUDELAY will notify the Client as soon as possible.
- The Client undertakes to pursue the claim via EUDELAY only.
- By entering into the Agreement with EUDELAY, the Client declares that he/she is authorised to enter into the Agreement or give the order.
- By virtue of entering into the Agreement, the Client agrees to the Damages Based Agreement.
- The Client may terminate the Agreement by giving a reason in writing to EUDELAY's registered office address or at email@example.com. This termination of the Agreement does not diminish EUDELAY’s entitlement to the Remuneration.
- EUDELAY shall inform the Client about any Compensation received in a statement emailed to the Client without delay.
- The Client shall reclaim the Compensation collected by EUDELAY in one the following ways:
- By entering credit or debit card details in the Website or;
- By emailing his/her bank account details or;
- By requesting the financial Compensation in a postal cheque. £10 charge (including VAT) will be applied.
- The Air carrier may pay the Compensation to the Client directly. When this applies, the Client undertakes to:
- Inform EUDELAY about any direct payment(s) received from the Air carrier within 14 days of receipt. Failure to inform EUDELAY within the given time limit entitles EUDELAY to charge the Client an administration fee in the amount of £30 plus VAT. The entitlement to the administration fee does not diminish EUDELAY's entitlement to the Remuneration, and costs and damages incurred on recovering the Remuneration from the Client.
- Accept and pay the Remuneration to EUDELAY within 7 days from receipt of an invoice from EUDELAY.
- Legal Representation
- When the Claim is not resolved and the Compensation paid without the requirement of legal litigation (hereafter "Court Proceedings"), the Claim may be handled by a law firm which would require an appropriate appointment by the Client.
- The Client's consent to the appointment within the scope of clause 3. a. is required for the purposes of legal representation in the Court Proceedings.
- In the event of the Court Proceedings, the Client may be requested to pay the relevant court fee and hearing fee as required by law (hereafter "Court fee"); or accept EUDELAY's conditions enabling EUDELAY to pay the Court fee on behalf of the Client.
- Should the Court Proceedings result in the Compensation and costs (including the Court fee) being awarded by the court, the party that paid the court fee shall receive it back, whether that be EUDELAY or the Client.
- The Court fee does not constitute a part of the Remuneration.
- Use of Content
- You may print, copy or store the free content from the Website for personal purposes only unless otherwise explicitly indicated on the Website or unless given express written permission to do so. Namely the Client/you agree that:
- You will not use the content of the Website for any commercial purposes;
- You will not copy or use any of the information from the Website with view to creating or compiling any form of data collection, compilation, directory or database.
- Intellectual Property
- All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of EUDELAY, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
- Subject to clause 4. c. you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by EUDELAY.
- Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- Links to other websites
- This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of EUDELAY or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
- Data and information from the Client and communication
- The Client must always supply and submit accurate information and data to EUDELAY. The Client understands that submitting incorrect data may cause damage or loss to EUDELAY and affect execution of the Agreement. The Client guarantees that the data and information provided, including valid email addresses, are complete and accurate.
- All communication from EUDELAY to the Client will be electronic either via the Website or email.
- All incidents of knowingly providing false and untrue data/information and of fraud in any manner whatsoever must be notified.
- The Client agrees to fully indemnify EUDELAY in all respects for all third-party claims including, but not limited to, incorrect client communications and/or provision of incorrect data/information and/or fraudulent conduct.
- EUDELAY makes no warranty or representation that the Website or software will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. EUDELAY makes no guarantee of any specific results from the use of our service.
- The Website or any part of it is not intended to provide advice, it should not be relied upon when making any decision or taking an action of any kind.
- EUDELAY deals with data supplied by third parties. As a result, information or results shown on the Website or received from us may not be relied upon or seen as completely accurate.
- The Website availability
- EUDELAY accepts no liability for any disruption or non-availability of the Website or software resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Liability and indemnity
- EUDELAY endeavour to provide the Client with the best service possible. However, EUDELAY is not liable for success or result of any Claim for Compensation made.
- EUDELAY is not liable for any direct or indirect loss to the Client, which also includes consequential loss, emotional damage, trading loss, loss of orders, loss of profit or any other loss.
- EUDELAY is not liable for any loss that may arise from inaccurate or incomplete information received from the Client.
- EUDELAY is not liable for any loss for the quality or the manner its work and service are carried out.
- Without prejudice to the Terms and Conditions, EUDELAY’s liability to the Client or any third party shall never exceed the assumed or invoiced value of the Remuneration (including VAT).
- Without prejudice to the provisions of the preceding paragraph, EUDELAY's liability will be limited to the sum paid by EUDELAY's liability insurance in a particular case in relation to the loss in question.
- Without prejudice to the provisions of the preceding paragraphs of this article, EUDELAY will never be liable for any loss, on any basis, ensuing from facts and circumstances which are attributable to third parties designated by you, whether or not these third parties (ultimately) performed that work on the instruction of EUDELAY. With respect to these third parties, you fully warrant your own choice, and the work performed by these third parties will be entirely at your expense and risk or the expense and risk of those third parties.
- The provisions of the preceding paragraphs do not affect the statutory liability of EUDELAY on the basis of mandatory legal provisions.
- Personal Data
- Any personal or other data received from the Client or any third party is used for the purposes of the Claim for Compensation and to fulfil the means of the Agreement. EUDELAY complies with provisions of the privacy laws and namely with the relevant Data Protection Act.
- EUDELAY shall never disclose any personal data to a third party unless authorised to do so by the Client.
- EUDELAY will remove and delete all data store about the Client upon a written request from the Client. At request, EUDELAY will supply the Client with a list of all data stored about the Client. The Client may access all or some of the stored date online at the Website.
- Further Conditions
- EUDELAY is authorized to alter the Terms and Conditions and/or set supplementary conditions.
- In the event that any party to the Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- In the event of any conflict between the Terms and Conditions and any prior versions thereof, the provisions of the Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Applicable Law
- All contracts and dealings with EUDELAY entered into are governed by the law of England and Wales. Any disputes to the Terms and Conditions, the Agreement or any other contractual relations shall be resolved and settled by the relevant court in England.