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General Terms and Conditions

 

These general terms and conditions, hereafter “TC”, apply to the relationship between Air Claims International (hereafter “ACI”) and the users of all or part of ACI’s website (hereafter the “User(s)”, that have accepted the TC.

 

  1. Definitions

 

1.1. “Client(s)”: User(s) that has accepted the TC. Acceptance shall be given by the User(s) during signing the letter of authorization on ACI’s web service.

 

1.2. “Agreement”: an agreement between a Client and ACI that is reached after the acceptance of these General Terms and Conditions by the Client. The Agreement shall be considered reached once the Client has expressed present intention to adopt or accept the TC either by signing the signatory page or by other means.

 

1.3. ”Flight Compensation Regulation”: Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flight, and repealing Regulation (EEC) No 295/91s.

 

1.4. “Claim”: any amount or form of claim against an airline for monetary compensation, damages or refund governed by Flight Compensation Regulation, and other relevant legislation.

 

1.5 “Claim Compensation”: total amount of money paid by an airline in relation to a Claim as compensation or otherwise, to the Client or ACI after the Client has accepted these General Terms and Conditions.

 

  1. The Purpose of the Agreement

 

The purpose of this Agreement is to establish the TC by which ACI and its own or assigned legal representatives provide the Clients with a service in order to seek compensation on their behalf in cases of flight delays, flight cancellations, flight overbookings and other flight and travel related compensation matters in accordance with Flight Compensation Regulation and other relevant legislation.

 

Due to the nature of the service offered, ACI offers no guarantee of success for the Claims.

 

  1. Agreement

 

By using the service provided the Client accepts these General Terms and Conditions.

 

By providing ACI with his/her signatory, the Client warrants that he/she is authorized and has legal capacity to enter into contractual relationship with ACI on his/her own behalf and, where applicable, on behalf of his/her minor fellow passengers and/or his fellow passengers, when applicable.

 

The Client warrants that the information he/she provides is accurate, truthful, honest and complete.

 

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 agreeing to this Agreement, the Client assigns the legal title to the claim to ACI. Any existing engagements or assignments, if any, must be cancelled before entering into the Agreement, and no further engagements or assignments can be assigned to third parties.

 

In the event that a contracted legal representative is used for filing a Claim with a court or government body, such as a national enforcement body, or handing over a Claim to a contracted legal representative, such as an attorney or law firm, the Client will allow ACI to grant the contracted legal representative access to all of the data communicated to ACI and allow the legal representative to transfer information concerning the proceedings to ACI. Where a separate Power of Attorney or other additional documents are required by the court, the Client undertakes to sign such additional documents.

If the contracted legal representative is of the opinion that there are insufficient prospects of success, the Client will be advised about this and neither ACI, nor the contracted legal representative will take further action.

 

ACI may amend, revise, and update these terms and conditions at any time by a reasonable notice. The Clients are notified of these changes by publishing a public announcement on ACI’s website, email notification, text message notification or other such means.

 

To fulfill the purpose of this Agreement, the Client signs a Letter of Authorization for ACI. This Letter of Authorization can be used for other types of claim related assignments with the consent of the Client.

 

  1. Payments, costs, and transfer of funds

 

In case of unsuccessful Claim by ACI, the service provided to the Client is free of charge. This includes possible costs accrued from filing a Claim with a court or government body, such as a national enforcement body, or legal expenses from handing over a Claim to a contracted legal representative.

 

In case of a partially or fully successful Claim by ACI, the compensation, damages and/or refunds is forwarded to Client with service fee deducted from the total.

 

In all cases, no interest shall be collected from ACI or from the Client.

 

If the Client uses a travel agency and the travel agency forwards the compensation claimed by ACI, the Client’s travel agency may deduct fees according to the agreement between the travel agency and the Client.

 

All potential fees and costs due to internet access or connection in matters related to using ACI’s service are at the User’s (and Client’s) sole cost. The Client will bear the cost of any possible monetary transfer fees, charges, and additional costs payable in international transfers of money. The Client will also bear the fees, charges, and additional costs payable due to monetary exchange in case they cannot or will not accept Euros. Responsibility for the compensation ends on ACI’s part once the payment has been sent according to the information provided by the Client. The Client is responsible for the correctness of the information.

 

As a service fee, ACI will retain 25% (TWENTY-FIVE PERCENTAGE) service fee of the total amount awarded to the Client. A Finnish VAT of 24% (TWENTY-FOUR PERCENTAGE) is added to the service fee, when applicable. The service fee and VAT are deducted from the total compensation amount forwarded to the Client. This award does not include any payments or reimbursements of attorney’s fees, cost of legal advice, court fees, collection cost, interest or similar, which payments shall belong solely to ACI.

 

In the case that a contracted legal representative is used, a further 25% (TWENTY-FIVE PERCENTAGE) fee of the total amount awarded to the Client is added to the service fee.

 

  1. Applicable law and Jurisdiction

 

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one. The language of the arbitration shall be English. The applicable law is Finnish law

 

  1. Intellectual Property

 

This website contains proprietary information including, text, software, photos, video, graphics, music and sound protected by copyrights. Unless expressly given written consent to, or permitted under copyright law, no portion of this site may not be , reproduced, copied, sold, or otherwise exploited. You may use material from this site only for your own personal, non-commercial use.

 

  1. Data Consent

 

The Client hereby agrees that ACI may collect, obtain, process, and store personal data in order to fulfill the purpose of this TC.

 

In addition, Client’s personal data may be transferred to third parties, such as contracted legal representatives if deemed necessary to best fulfill the purpose of this agreement.

 

See ACI’s Privacy Policy for further details.

 

  1. Other terms and conditions

 

The Client understands that ACI makes no representation or warranty as to the accuracy or completeness of the information it provides on its website or through any other medium.

 

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision of this Agreement; or the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.

 

If the Client is a person protected by EU consumer laws, in case they should want to exercise their right to withdrawal, the withdrawal must be communicated within 14-day period from the conclusion of this Agreement and it must clearly state that the Client wishes to withdraw from the Agreement. Due to the nature of the service provided to the Client, the Client cannot withdraw from this Agreement, if ACI has informed the Client that the airline has accepted the Claim or if ACI has undertaken actions to proceed with the Claim. The withdrawal can be sent to hello@inspecto.com

 

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