A GUIDE TO AIR PASSENGERS RIGHTS
These terms and conditions (hereinafter referred to as “the terms”) form the legal agreement between
a client (“client”, “customer” or “you”)
and
AIRCOPILOT LLP, 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom (“AirClaimExperts”, “we”, “us” or “the company”)
regarding the provision of our services.
By accepting these terms, you acknowledge your agreement to comply with them, any supplementary rules pertaining to the specific services you’ve selected, and our privacy policy.
We strongly recommend that you refrain from initiating any transactions with AirClaimExperts for any of our services until you’ve thoroughly reviewed and understood these terms, the privacy policy, and our charges.
I. Services
1.1. To access our services, you must acknowledge and agree to the terms outlined herein.
1.2. By doing so, you confirm that you have reached the age of legal majority in your country of residence and possess the capacity to enter into legally binding agreements under applicable laws.
Moreover, you are authorised to agree to these terms and any service-specific agreements on behalf of yourself and other passengers, where applicable. If you use our service on behalf of a child under 16 years of age, you confirm that you are authorised by the holder of parental responsibility over the child.
1.3. The company assists air passengers in managing flight disruption consequences, which may include facilitating claims processing on behalf of passengers for compensation and other related matters arising from, but not limited to, delayed flights, cancelled flights, missed transfer flights or denied aircraft boarding. AirClaimExperts provides a service based on European Union Regulation 261/2004.
1.4. It must be noted that AirClaimExperts is not a law practice and does not directly provide legal services. However, whilst providing its services, AirClaimExperts may collaborate with third-party contract lawyers or solicitors.
II. Definition of terms
The following terms bear the meanings set forth below:
1.1. “Signature” means an electronic signature provided through AirClaimExperts’ online signing platform, which carries the same legal weight as a handwritten signature. Where electronic signing is not feasible, we accept either a handwritten signature, fingerprint, or scanned signature.
1.2. “Third party” refers to any person or organisation contracted by AirClaimExperts who is authorised to process personal data whilst providing our services either directly or indirectly to the customer.
1.3. “Airline” means any air transport undertaking operating the flight for which our services may be provided.
1.4. “Air passenger rights” and/or “air passenger regulations” encompass any legislation, regulation, directive, international convention, or similar instrument, including case law at the state, federal, European Union, national, international, or regional level, upon which a consumer may establish a claim for monetary compensation, damages, or refunds for overbooked, delayed, cancelled, or otherwise disrupted flights.
1.5. “Assignment agreement” means the document requested by AirClaimExperts, assessed case by case, wherein you and AirClaimExperts agree that AirClaimExperts shall become the representative of the claim, for the purpose of collecting and receiving payments, subject to the terms therein.
1.6. “Authority document” means the instrument authorising AirClaimExperts and/or any third party to act on your behalf regarding your claim.
1.7. “Claim” means any claim against an airline for monetary compensation, damages, or refund under air passenger rights laws or an airline’s goodwill.
1.8. “Compensation service” refers to the service through which AirClaimExperts, either independently or in conjunction with its third parties, pursues a claim on your behalf, which may or may not involve legal action against the airline.
1.9. “Discretion” means AirClaimExperts’ authority to make informed decisions regarding your claim in a manner that best serves your interests.
1.10. “Eligible claim” means a claim that AirClaimExperts has evaluated, at its sole discretion, as one it is prepared to pursue on your behalf through the compensation service.
1.11. “Eligibility service” means the service provided by AirClaimExperts using proprietary tools, information, data, know-how and intellectual property to determine whether your claim qualifies as an eligible claim.
1.12. “Flight compensation” means the total sum of money, or other receivables (where accepted by AirClaimExperts at its discretion), paid by an airline in relation to a claim.
1.13. “Fellow passenger” means any additional passenger whom the customer has included in the form for the receipt of flight compensation, such as a family member or co-traveller on the airline.
1.14. “Form” refers to the assignment form, authority document, power of attorney, or any other documents enabling AirClaimExperts or third parties to provide our services to the customer. AirClaimExperts shall determine which form is most suitable on a case-by-case basis.
1.15. “Goodwill claim” occurs when AirClaimExperts requests flight compensation from the airline in the absence of established air passenger rights regulations. Such compensation may be monetary or in kind, such as flight vouchers, loyalty points, or air miles.
1.16. “Information service” means AirClaimExperts’ provision of flight information, airline information, airport information, other travel-related data, and details about air passenger rights under the applicable air passenger rights regulations.
1.17. “Solicitor” means any legal practitioner or law firm engaged by AirClaimExperts for legal action or other legal services concerning a claim.
1.18. “Legal action” encompasses the preparation and filing of a claim for legal proceedings, either by submitting the claim to court, presenting it before a legally binding governmental or non-governmental body, or referring a claim to a solicitor.
1.19. “Legal action fee” means the fee specified in our fees that AirClaimExperts charges upon receipt of flight compensation for providing the compensation service that includes legal action.
1.20. “Legal expenses” include all fees incurred by, paid by, or awarded to you in pursuit of legal action.
1.21. “Our fees” means the fees and charges detailed here, specifying accepted currencies and payment methods, which you must pay to AirClaimExperts.
1.22. “Reassignment form” means the document signed by you and AirClaimExperts transferring the rights of your claim back to you, or reinstating your authority over the claim.
1.23. “Service fee” means the fee specified in our fees that AirClaimExperts charges upon receipt of flight compensation following the provision of the compensation service.
1.24. “Services” means any of our services, including the eligibility service, compensation service, information service offered by AirClaimExperts or a third party to you under these terms and any additional terms specific to the services you select.
1.25. “Withdrawal” refers to the process detailed in the withdrawal and termination section whereby either the customer withdraws from the compensation service or AirClaimExperts withdraws from the compensation service.
1.26. “VAT” means any system of value-added tax.
III. Processing of claims
1.1 Following your acceptance of these Terms and Conditions, AirClaimExperts shall provide the Eligibility Service and Information Service to assess, at its sole discretion, whether you hold an Eligible Claim.
1.2 Should AirClaimExperts reach a favourable determination, they shall furnish you with the Form. The purpose of the Form is to authorise AirClaimExperts to represent you, whether directly or indirectly, in dealings with Solicitors, the Airline or its agents, and/or the courts to secure Flight Compensation.
1.3 Please be advised that the delivery of the Information Service or Eligibility Service by AirClaimExperts does not constitute a binding commitment to provide any additional Services, including but not limited to the Compensation Service. The primary purpose of the Information Service or Eligibility Service is to acquaint the Client with the scope of our service offering.
1. Claim submission and compensation service procedures
Submission of the form
1.1 Before submitting the form
Prior to the commencement of the Compensation Service, you must authorise your e-Signature on the Form, confirming that you:
1.1.1 Provide freely given consent to receive the Compensation Service. In providing such consent, the Client confirms their agreement to the processing of their personal data.
1.1.2 Understand that AirClaimExperts shall exclusively pursue monetary Flight Compensation, and that it remains within AirClaimExperts’ sole discretion to accept travel vouchers and/or other services as Flight Compensation on your behalf, and to treat non-monetary compensation offers from the Airline as a refusal of Flight Compensation.
1.1.3 Confirm that you are not pursuing the Claim through any other means, whether directly or via third parties, and that no legal proceedings are pending or anticipated between yourself and the Airline regarding this matter. You hereby declare that you have not received any compensation from the Airline or any third party concerning this Claim, and you accept legal responsibility should you fail to comply with this condition.
1.2 Pre-existing engagements
Should you have any existing arrangements or assignments relating to your Claim, these must be terminated forthwith and all relevant information provided to AirClaimExperts without delay via email at [email protected] or through our website’s contact form.
1.3 Non-compliance consequences
Failure to comply with these requirements shall result in the Compensation Service not being provided.
1.4 Form assessment
Upon receipt and review of the Form, AirClaimExperts shall confirm in writing, via email or alternative written format, its intention to commence the Compensation Service. AirClaimExperts maintains sole discretion to proceed with or decline the provision of the Compensation Service, or to request additional information or documentation prior to commencement.
1.5 Post-form submission
1.5.1 You may not assign the Claim to any other entity as the legal title has been transferred to AirClaimExperts.
1.5.2 You are prohibited from authorising another third party to represent you regarding the same Claim. Should AirClaimExperts discover any incorrect information or fraudulent actions by the Client following the agreement’s execution, AirClaimExperts reserves the right to terminate the Agreement immediately without notice. The Client shall not be entitled to compensation in such circumstances.
1.6 Direct payments
Should you receive any direct payments or other compensation from the Airline after entering into the Compensation Agreement, you must notify AirClaimExperts immediately. Such payments shall be considered Flight Compensation, entitling AirClaimExperts to the Service Fee and Legal Action Fee if Legal Action was initiated prior to your receipt of payment.
1.7 Communication protocol
Following Form submission, you must cease negotiations with the Airline and redirect any communication regarding your Claim to AirClaimExperts. AirClaimExperts undertakes to communicate with Airlines on your behalf to secure the most advantageous outcome. Continuing negotiations with the Airline without informing us after signing the agreement shall constitute a breach, whereupon AirClaimExperts reserves the right to terminate the Agreement.
2. Claim reassignment
2.1 Your claim may be reassigned to you either at your request or at AirClaimExperts’ initiative. Such reassignment must be executed in writing with both parties signing a Reassignment Form. In cases where an Authority Document has been signed, the authority therein granted may be withdrawn through written notice to AirClaimExperts.
3. Withdrawal
3.1 Following the execution and submission of the Form, you maintain the right to Withdraw and/or reassign your Claim as detailed in the Withdrawal and Termination section below.
3.2 AirClaimExperts likewise reserves the right to Withdraw from the Compensation Service as specified in the Withdrawal and Termination section below.
4. Customer representative
4.1 When acting in a representative capacity or on behalf of other passengers, you must obtain a power of attorney and provide evidence thereof upon AirClaimExperts’ request. For minor passengers, you shall furnish their complete particulars, including the minor’s name and date of birth, alongside the names and signatures of their custodians or legal guardians.
5. Commencing the compensation services
5.1 Upon receipt of your written notification as specified above, AirClaimExperts shall provide the Compensation Service to secure Flight Compensation on your behalf.
5.2 You shall provide AirClaimExperts with all requisite data and information necessary for the effective execution of the Compensation Service. You warrant that all data and information provided are accurate, complete, and truthful, and where applicable, validated by Fellow Passengers. Such information may be transmitted via the website, email, supported electronic solutions, or telephone.
5.3 AirClaimExperts may require supplementary information, including:
5.3.1 Passenger details (name, surname, email address, telephone number), disruption type (delay, cancellation, or denied boarding/overbooking), delay reason (if known), delay duration, Airline name, flight number, date of travel, departure and arrival locations, and incident description.
5.3.2 Additional Forms may be submitted via web form, supported electronic solutions, email, or postal service.
5.4 You acknowledge that any failure to furnish AirClaimExperts with requested information shall adversely impact their ability to render the Compensation Service.
6. Flight compensation and legal action
6.1 Following Form receipt, AirClaimExperts shall prepare and submit a payment request to the Airline and manage subsequent correspondence. Upon successful receipt of Flight Compensation, you shall be liable for the Service Fee.
6.2 Should the Airline fail to remit Flight Compensation within a reasonable period following notification, or should AirClaimExperts determine, at its sole discretion, that the Airline is unlikely to respond to the payment request, AirClaimExperts may commence Legal Action.
6.3 Where Legal Action results in Flight Compensation being paid, you shall be liable for both the Legal Action Fee and the Service Fee.
6.4 In circumstances where a Lawyer is engaged for Legal Action, you expressly consent to AirClaimExperts sharing all pertinent data with the Lawyer to facilitate Legal Action.
6.5 You undertake to provide any additional Forms or documents required for Legal Action. Where you have executed an Assignment Agreement followed by an Authority Document (or similar), you accept that the Authority Document effects a reassignment of the Claim to you.
6.6 In the event that AirClaimExperts or the Lawyer initiates Legal Action, AirClaimExperts shall bear any Legal Expenses arising therefrom, regardless of outcome. Following a successful outcome, whether through court judgment or settlement, AirClaimExperts may cover any costs not met by the Airline. Upon successful conclusion of legal proceedings, reimbursement of Legal Expenses shall be sought. This applies to Legal Expenses incurred whether proceedings are conducted by AirClaimExperts or a Lawyer. For clarity, all reimbursements, including Legal Expenses and interest, shall vest in AirClaimExperts.
6.7 AirClaimExperts functions as an efficient mechanism for protecting Client interests. You acknowledge that the resolution of Legal Action and securing of Flight Compensation may require an extended period, varying according to claim specifics.
7. Settlements
7.1 AirClaimExperts may, at its sole discretion, propose or accept individual or collective Claim settlements from the Airline for Flight Compensation.
7.2 You acknowledge AirClaimExperts’ absolute discretion in accepting Airline settlements for Flight Compensation, the Claim having been assigned to AirClaimExperts. Where AirClaimExperts acts pursuant to an Authority Document, your authorisation empowers AirClaimExperts to exercise discretion in accepting or declining settlement offers without requiring further consent.
7.3 AirClaimExperts may pursue the assigned Claim in its own name, with or without legal representation. Where appropriate or legally necessary, AirClaimExperts may reassign the Claim to you, whereupon you agree to reauthorise AirClaimExperts via an Authority Document to provide the Compensation Service and receive payments.
7.4 You bear responsibility for providing accurate data for the Compensation Service. AirClaimExperts shall not be liable for any incorrect communications, documents, inaccurate data/information, or fraudulent conduct on your part. Should you knowingly provide incorrect information, AirClaimExperts may, inter alia, seek reimbursement of Legal Expenses under these Terms.
8. Goodwill claims
8.1 In jurisdictions with less developed Air Passenger Rights Regulations where Flight Compensation is less readily obtainable, AirClaimExperts may, upon your instruction to proceed, endeavour to secure Flight Compensation through a Goodwill Claim.
9. Decision-making process regarding your claim
9.1 AirClaimExperts exercises discretionary authority in determining whether to pursue your Claim during both the Eligibility Service and the Compensation Service. This discretion extends to decisions regarding Legal Action, settlement offers, claim withdrawal, and pursuit of Goodwill Claims.
9.2 AirClaimExperts’ decision-making process considers numerous factors, including but not limited to:
– Applicable Air Passenger Rights Regulations
– Relevant jurisdictions and court systems
– Legal Expenses and associated financial considerations
– Historical conduct of the Airline in similar Claims
– Anticipated timeframes for obtaining Flight Compensation or favourable legal rulings
– Quality and completeness of information provided
– Factual circumstances affecting claim viability
– Legal counsel recommendations
– AirClaimExperts’ prior experience with comparable Claims
V. Expenses and fees
1. Fee structure
1.1 Our Fees comprises a detailed schedule of all charges, costs, and remuneration that AirClaimExperts receives for providing our Services.
1.2 AirClaimExperts provides the Eligibility Service and Information Service without charge.
1.3 The Compensation Service is likewise provided free of charge, unless AirClaimExperts successfully obtains Flight Compensation on your behalf. AirClaimExperts operates under a “No Win No Fee” principle.
1.4 Upon successful compensation recovery, AirClaimExperts shall forward the Flight Compensation to you, less Our Fees as specified at www.airclaimexperts.com/fees.html.
2. Reimbursement procedure
2.1 Should you provide inaccurate or incomplete payment details resulting in returned Flight Compensation to AirClaimExperts, we shall attempt to contact you via email and other provided communication channels.
2.2 In the absence of your response to rectify payment information, AirClaimExperts reserves the right to retain the portion of Flight Compensation intended for transfer to you.
2.3 AirClaimExperts processes compensation payments in EUR (Euro). Should you require payment in an alternative currency, you shall bear the currency exchange rate costs. Furthermore, any bank commission fees incurred shall be borne by the client in such instances.
3. Direct payments from airlines
3.1 In circumstances where Flight Compensation, Legal Expenses, interest, or similar payments are transferred directly from the Airline to you, you are obligated to:
3.1.1 Promptly notify AirClaimExperts of such payment
3.1.2 Remit Our Fees, Legal Expenses, interest, or similar payments, where applicable, to AirClaimExperts without undue delay
4. Liability exclusions
4.1 Following disbursement of Flight Compensation per your instructions and chosen method, AirClaimExperts assumes no liability for:
4.1.1 Loss in transit of cheques, prepaid debit cards, credit cards, and similar payment instruments
4.1.2 Consequences arising from incorrect bank account details, address, or similar information provided by you, including but not limited to misdirected Flight Compensation. Where Flight Compensation is misdirected due to your error, AirClaimExperts bears no obligation to pursue its recovery
5. Interest claims
5.1 You shall not be entitled to claim interest on Flight Compensation for the period between AirClaimExperts’ receipt and subsequent transfer to you. AirClaimExperts maintains the right to retain any interest recovered from the Airline, including interest accrued following Legal Action.
6. Limitation of liability
6.1 AirClaimExperts shall not be liable for any compensation, damages, or similar claims where payment transfer is prevented by circumstances beyond AirClaimExperts’ control, including but not limited to:
– Strikes or lock-outs
– Labour disputes
– Force majeure
– Natural disasters
– War, riots, or civil disturbance
– Malicious damage
– Compliance with legal or governmental requirements
– Accidents
– Machinery breakdown
– Fire, flood, or storm
7. Service and legal action fees
7.1 The Service Fee and Legal Action Fee shall apply regardless of settlement method, whether AirClaimExperts obtains Flight Compensation through court judgment, mediation, direct settlement with the Airline, or collective settlement of Claims.
VI. Termination and withdrawal procedures
1. Consumer rights for compensation service withdrawal
1.1 As a consumer under the regulations of the European Union (EU), European Economic Area (EEA), or the UK—defined as an individual engaging in transactions outside of commercial or professional activities—you maintain statutory withdrawal rights.
1.2 Within 14 days of initiating the Compensation Service, you retain the right to withdraw without incurring charges or providing justification. To exercise your withdrawal rights, you must notify us (via email or contact form) within this 14-day period. Simply dispatching your withdrawal notice before the deadline suffices to meet the requirement. Please note that once AirClaimExperts confirms the airline’s acceptance of your claim, withdrawal becomes unavailable, as the service will have been successfully rendered.
2. Withdrawal submission details
2.1 To initiate a withdrawal, you must clearly communicate your intention to terminate the contract through a definitive statement (via email or contact form). Whilst we provide a model withdrawal form, its use remains optional. Should you choose this method, we shall promptly acknowledge receipt via a permanent medium (typically email).
Please follow these instructions.
Direct your withdrawal request to: [email protected]
Below is a template for your withdrawal request:
Sample Withdrawal Form (personalise with your details)
I hereby give notice to terminate my agreed contract.
AirClaimExperts claim number:
Initial claim submission date:
Customer name:
Customer address:
Customer signature:
Date:
3. Late withdrawal provisions
3.1 Following the initial 14-day window, withdrawal remains possible as outlined in the Terms and Conditions.
Withdrawal by AirClaimExperts
3.2 AirClaimExperts reserves the right to withdraw service provision when faced with circumstances beyond our control that prevent successful compensation recovery. Such circumstances include, but are not limited to, airline bankruptcy, court closures, government restrictions, or insufficient flight compensation value. In these instances, AirClaimExperts shall inform you of the obstacles and close your claim without charge.
4. Service termination conditions
4.1 The Compensation Service shall conclude upon the earliest occurrence of:
4.1.1 Settlement of the claim with the airline, receipt of flight compensation, and completion of all payments due to AirClaimExperts, or
4.1.2 Written notice of termination from either party, at any time and for any reason, provided appropriate notice is given, or
4.1.3 Immediate termination by AirClaimExperts if (i) you breach your contractual obligations, (ii) you supply false information or engage in fraudulent activities, or conduct that AirClaimExperts reasonably considers misleading or fraudulent. Such circumstances forfeit your right to flight compensation.
4.1.4 Death of the client prior to claim resolution.
4.1.5 AirClaimExperts maintains the right to seek damages following termination due to your breach.
5. Effects of service termination and withdrawal
5.1 Upon service termination for any reason, you must promptly settle any outstanding fees owed to AirClaimExperts per the Terms, particularly when customer withdrawal occurs after airline confirmation of compensation payment.
5.2 AirClaimExperts shall not automatically transfer your claim back to you following withdrawal or termination. You must explicitly request claim reassignment, whereupon AirClaimExperts will provide a Reassignment Form for your signature.
5.3 Should you withdraw from the service or should AirClaimExperts terminate due to your breach of Terms, AirClaimExperts maintains the right to recover:
5.3.1 Legal expenses incurred by AirClaimExperts if legal proceedings have commenced; or
5.3.2 An amount equal to legal expenses if a judicial authority requires AirClaimExperts to cover the airline’s legal costs following your withdrawal; or
5.3.3 The service fee and, where applicable, the legal action fee, should you subsequently obtain flight compensation directly from the airline.
VII. Guarding Personal Data
1.1 All individual-specific data collected during the provision of our Services, or related to their provision, is subject to the AirClaimExperts Privacy Statement. AirClaimExperts collects personal data from you to facilitate the success of your claims. Our privacy policy is an integral component of our agreement. The “personal data” we collect may include, but is not limited to, the following types of information: your identity details and those of your family members (including minors), your past or planned air travel, details of your bank account, and other relevant information. This personal information may be stored in electronic or physical formats, and the specific data collected will depend on your individual case.
1.2 You, as the client, are responsible for promptly informing AirClaimExperts if you become aware of any breach of your privacy on the website, so that AirClaimExperts can take appropriate measures to secure the data.
VIII. Third-Party Services
1.1 Our Services may include links to third-party websites or options to reserve services through such parties. These websites and services are managed by independent entities over which AirClaimExperts has no control. Although our Services may provide information about or access to third-party suppliers, facilitating the use of these services does not imply sponsorship, affiliation, or endorsement of these third parties.
1.2 Please be aware that when you access third-party websites or use third-party services through our Services, you agree to abide by their respective terms and policies. We recommend that you review these terms and policies and proceed at your own discretion.
1.3 By engaging with third-party services, you acknowledge that AirClaimExperts is not a party to any agreements made with such third parties and is not responsible for any errors or omissions in their services, nor for any direct or indirect claims, breaches, losses, or damages arising from or related to the use of such third-party services.
IX. Hedging of Warranties and Limitation of Liability
1.1 AirClaimExperts offers a service to assist clients in obtaining compensation claims from airlines. While AirClaimExperts utilizes multiple sources to provide the services described in these Terms, it does not guarantee error-free results.
1.2 Although AirClaimExperts aims to provide accurate information, there may be omissions or errors in the Services provided. If you identify inaccuracies, it is your responsibility to notify AirClaimExperts promptly. AirClaimExperts is responsible only for its own services and is not liable for external issues, such as viruses, bugs, trojan horses, or software linked to third-party sites.
1.3 AirClaimExperts provides no express or implied warranties. While committed to securing your compensation, there is no guarantee of a successful claim. If a claim does not result in compensation, AirClaimExperts is not obligated to pay any sum.
1.4 These Terms do not exempt any liability prohibited by law. Where any provision of these Terms contradicts mandatory laws, it shall be limited to the extent permitted by law and remain binding. Invalid or unenforceable provisions do not affect the remaining Terms.
X. Modifications and Entire Agreement
1.1 Any new features of our Services are subject to these Terms. AirClaimExperts reserves the right to amend these Terms at any time without notice, with the latest version available on its website. Continued use of our Services after changes implies acceptance of these updates.
1.2 These Terms constitute the full agreement between you and AirClaimExperts, superseding any prior communications.
1.3 You may not transfer your rights or obligations under these Terms without written consent. AirClaimExperts may assign its rights or obligations to any AirClaimExperts Group Company or designated third party.
XI. Alternatives to Compensation Services
1.1 If you choose to pursue your Claim independently, you may do so through extrajudicial or judicial action, by consulting a lawyer, or directly contacting the airline.
XII. Governing Law and Jurisdiction
1.1 AirClaimExperts encourages the use of reconciliation as an alternative to legal action. Reconciliation involves both parties seeking mutually acceptable solutions to any issues that arise. You can contact AirClaimExpertst for reconciliation assistance via dispute@airclaimexperts or on the AirClaimExperts website.
1.2 These Terms and any related disputes are governed by the laws of the United Kingdom, without regard to conflict of law principles. However, mandatory provisions from your country of residence may still apply.
1.3 If any provision of these Terms is found void or unenforceable, it will be replaced by a valid provision with similar intent, and the remaining Terms will stay effective.
1.4 A failure or delay by AirClaimExperts to enforce any provision does not imply a waiver of rights.
1.5 In case of inconsistency, the English version of these Terms shall prevail over other translations.