1. Definitions
In relation to the Beneficiary, the general terms and conditions defined below (hereinafter referred to as “General Terms and Conditions”) shall have the following meaning:
| Beneficiary |
|
|---|---|
| Provider | DELAY AVIATION CONSULT LTD. (hereinafter referred to as “DELAY.AERO”), a legal entity established and registered under European law. |
| Support services contract | The agreement concluded between DELAY.AERO and the Beneficiary, which has as its object the provision of air consultancy services by DELAY.AERO in favour of the Beneficiary. By accepting the Terms and Conditions, the Client agrees to the form and content of Annex A. |
| Contract documents | The Contract documents are: – The General Terms and Conditions published on the Provider’s website, – the Privacy Policy published on the Provider’s website, – Cookie Usage Policy published on the Provider’s website, – the Questions section published on the Provider’s website, – Annex 1 – Application Form; – Price list, annex attached to the Terms and Conditions document, which specifies the currencies accepted, payment methods and all fees charged by DELAY.AERO for the provision of the services – Copy of the Beneficiary’s identity card, as well as for all persons registered in the Application Form. |
| Inform service | Furnizarea de informații despre zbor de către DELAY.RO, incluzând informații despre companiile aeriene, informații privind aeroportul, alte noutăți și informații legate de călătorii, precum și informații utile pasagerilor călătoresc pe cale aeriană. Informațiile vor fi relevante pentru călătoriile clientului și vor fi furnizate prin intermediul comunicărilor electronice, inclusiv telefon, e-mail, panouri electronice personalizate, site-uri controlate de DELAY.RO sau aplicații mobile. |
| Eligibility service | Provision by DELAY.AERO of its eligibility determination service by analysing the flights and conditions presented by the Beneficiary, using specialised software and with reference to the protection measures for passengers travelling by air. The eligibility service is carried out on an individual, request-by-request basis in the DELAY.AERO web form or for all flights found, if the client is connected to the DELAY.AERO platform. The eligibility service will inform the customer about the probability of having an eligible request. An eligible request will have a high probability of being paid, and DELAY.AERO will provide its support service for such requests for communication with the airline, if requested by the customer. Ineligible requests will have a low probability of being paid and DELAY.AERO will not provide its support service for such requests. The eligibility service is currently only available for requests made under 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, Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 261/2004 and Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 on compensation and assistance to passengers in the event of cancellation or long delay of flights, and repealing Council Regulation (EEC) No 295/91. 2027/97 on air carrier liability in the event of accidents, the Montreal Convention on air carrier liability, concluded on the basis of the Council Decision of 5 April 2001 on the conclusion by the European Community, and the ‘SHY Passenger Rights Regulation’ issued by the Turkish Directorate General of Civil Aviation, as well as the provisions of other jurisdictions which are relevant to the flight in question. |
| Support service for communication with the air carrier, hereinafter referred to as “Support Service”. | Provision by DELAY.AERO of its support service to facilitate communication with the air carrier for the purpose of submitting the application form completed by the Beneficiary and monitoring the progress of the application. This service does not include the submission of a request to a court or a governmental body, e.g. a national enforcement body, or the transmission of the request to a Contracted legal representative, such as a lawyer or law firm. |
| Application form | The form completed by the Beneficiary, which he will fill in using the software provided by DELAY.AERO, for transmission to the air carrier. By accepting the Terms and Conditions, the Client agrees with the form and content of Annex 1. By completing the form, the Beneficiary expressly agrees that DELAY AVIATION CONSULT SRL may manage its claim on the Claim Form in relation to the air carrier and any subcontractors/associates of the air carrier in order to receive compensation/reimbursements. |
| Consent for the use of personal data | The Beneficiary declares that he/she agrees that DELAY.AERO is authorized, through its structures, to process his/her personal data in order to provide the services covered by this contract, as data controller, in compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) implemented by Law no.190/2018, as amended. The consent of the Beneficiary regarding the processing of personal data as well as the provision of personal data is granted for the purpose mentioned and declares that he/she is aware of his/her rights conferred by EU Regulation 679/ 2016: right of access to data, right to erasure of data (“right to be forgotten”), right to restriction, right to data portability, right to object, right to rectification. The Beneficiary declares that he/she understands the provisions of this Article and agrees to the processing of his/her personal data by DELAY.AERO for the purpose of providing the services which are the subject of this contract in an appropriate manner, as well as with regard to the development policies of DELAY.AERO. For the purpose of providing information, the Beneficiary may be contacted by e-mail, post, SMS or telephone call. By accepting the General Terms and Conditions, the Beneficiary agrees to the DELAY.AERO Privacy Policy. |
| Power of attorney | Act by which the Beneficiary grants full powers to DELAY.AERO , in its name, for itself and on its behalf, to submit the claim for payment of compensation damages due according to the legal provisions and expenses incurred for the purpose of mitigating the damage to the air carrier, to carry out any operations necessary to obtain the payment of compensation/refunds and their collection, in relation to the air carrier, its booking agents, their branches and their associated companies. DELAY.AERO will be able to carry out any formalities necessary for the collection of the damages due. By accepting the Terms and Conditions, the Client agrees to the form and content of Annex 1., which also includes the limits of the power of attorney. The Client empowers DELAY.AERO with full powers, in its name, for itself and on its behalf, to submit the claim for payment of compensation damages and reimbursements in accordance with the legal provisions, in order to limit the damage caused by the air carrier, to carry out any other operations necessary to obtain the payment of compensation/reimbursements and to collect them, in relation to the air carrier, its booking agencies, their branches and their associated companies. DELAY.AERO may carry out any formality necessary for the collection of damages due, and its actions shall be enforceable against it. |
| Regulation on air passenger rights | Any legal provision, regulation, directive, international convention or similar, whether issued at state, federal, EU, national, international or regional level, and case law, that establishes rules regarding financial compensation, damages or refunds to passengers for overbooked, delayed, cancelled or otherwise disrupted flights or baggage claims. |
| Compensation/ reimbursement | The total amount of money paid by an air carrier for a claim, as compensation, out-of-court settlement, gesture of goodwill or otherwise, transferred to the Customer or to DELAY.AERO after the Customer has accepted the General Terms and Conditions. |
| Service fee | The service charge is the percentage deducted from the compensation awarded by the air carrier, depending on the category of compensation, according to the Price List. |
| Price list | Annex attached to the Terms and Conditions document, which specifies the currencies accepted, methods of payment and all fees charged by DELAY.AERO, with the exception of reimbursement of legal fees and attorney’s fees, which will be paid by DELAY.AERO, if applicable, only with the prior consent of the Client. |
| Court actions | Filing a claim with a court or governmental body, e.g. a national enforcement body, or forwarding the Claim to a contracted legal representative, such as a lawyer or law firm, agreed with the Client and only at the Client’s express request. |
| Client Signature | The holographic signature applied electronically by the Client has the same legal value as a holographic (hand) signature and is referred to as an electronic holographic signature. This type of signature is not an electronic signature, as it is not based on a certificate. In the Parties’ understanding, although it is applied electronically, it remains a holographic signature, but with a double character – electronic and holographic. The Beneficiary understands that, in the event that the air carrier requests the original holographic signature of the documents, DELAY.AERO shall not be able to carry out the steps covered by this contract until the documents have been signed as requested by the air carrier. This signature may be used in the Claim Form for the purpose of proving the award of the claim in communication with the airline and/or in the compensation/reimbursement procedures and/or in the Claim/Reimbursement Agreement or other documents, necessary for the management of the compensation/reimbursement process. In order to confirm the identity of the signatory, the Beneficiary is obliged to provide DELAY.AERO with a copy of the identity document valid at the date of signing the Contract. |
2. Provision of services by DELAY.AERO
The provision of services shall be carried out on the basis of Annex A.
The Beneficiary shall complete the Application Form in full, warranting that he/she has the authority and legal capacity to submit the Application Form on his/her own behalf and, where applicable, on behalf of the persons with whom he/she has travelled.
The Service Provider will verify the completed Application Form by the Beneficiary and submit the Application Form to the air carrier and follow up the progress of the claim.
The Contracted Services do not include the submission of a request to a court or a governmental body, e.g. a national enforcement body or the transmission of the request to a Contracted legal representative, such as a lawyer or law firm.
In case the air carrier indemnifies/refunds the Beneficiary, DELAY.AERO will notify the Beneficiary and request the bank account details in order to make the transfer after withholding the Contract Price in accordance with the provisions of this Contract.
The Beneficiary grants DELAY.AERO the exclusive right to communicate with the air carrier and to claim the payments specified herein and is valid anywhere in the world for an unlimited period of time from the date of issue.
The Beneficiary understands that this means that it cannot accept direct contact or payment from the air carrier.
This Agreement shall be deemed to be a power of attorney granted to DELAY.AERO by the Beneficiary whereby DELAY.AERO is empowered with full powers, with full right of substitution, to take the necessary actions in relation to the air carrier and its booking agents, their branches and associated companies, insurers, banks, notary offices, for the provision of the Services under this Agreement, in relation to the flight booked by the Beneficiary in the Application Form.
The Beneficiary agrees that DELAY.AERO shall carry out all formalities and documentation processes, including certification copies of documents in connection with the claim, collection and receipt of compensation and reimbursement amounts. The Beneficiary also agrees that DELAY.AERO may obtain any of the information requested, as well as initiate/handle the information requested in relation to any procedure for the application of the regulations specified in this Contract.
The Beneficiary expressly grants DELAY.AERO the right to process his/her personally identifiable data as DELAY.AERO deems necessary.
The Beneficiary hereby authorises any employee/representative of DELAY.AERO to perform any and all acts and grants any and all powers in order to perform the Services. The Beneficiary also agrees that DELAY.AERO may delegate any and all powers referred to in this Contract to a third party in order to perform the Services in a complete manner with increased chances of success for the Beneficiary.
Said authorizations shall also extend to co-assignees, under the responsibility of the Beneficiary completing the Application Form and including co-assignees.
3. Fees and payments
DELAY.AERO does not charge any fee for the submission of the claim/reimbursement file. If the Beneficiary is compensated/reimbursed, DELAY.AERO charges a service fee, according to the Price List, out of the total compensation. As one of DELAY.AERO’s values is fairness, if the Beneficiary does not receive any compensation/ reimbursement, then DELAY.AERO will not charge any service fee.
Payment of the agreed part of the flight compensation/reimbursement to the Client will be made in accordance with the provisions of the Contract and the DELAY.AERO Price List.
If the Customer has provided incorrect or insufficient information for the flight compensation/refund to be paid and it is returned to DELAY.AERO, it will make reasonable efforts to contact the Customer, including email reminders and other means of communication provided by the Customer to DELAY.AERO.
After DELAY.AERO has paid the agreed compensation/refund in accordance with the instructions and selection of methods provided by the Client, DELAY.AERO is not liable for: cheques, prepaid debit cards, credit cards, erroneous IBAN codes and/or other losses in transit to the Client.
Any effect of said Client providing wrong bank account information, wrong address or similar, including but not limited to compensation/refund paid to an incorrect recipient. In case the compensation/refund has been paid to an incorrect recipient through the fault of the Client, DELAY.AERO shall not be obliged to actively recover it. No interest can be claimed for the period between the entry and exit of the payments.
DELAY.AERO shall not be liable for any compensation/refund, damages or similar situation if it is prevented from transferring payment to the Client due to an event beyond its reasonable control, including, but not limited to, strike, labor strike, natural disaster, war, riot, civil commotion, willful sabotage, compliance with any law or governmental order, regulation, provision or instruction, accident, failure of plant or equipment, fire, flood and storm.
4. Protection of personal data
DELAY.AERO will use the personal data provided by the Client primarily for the purpose of providing the Services. All personal data is collected in accordance with the General Data Protection Regulation, Regulation (EU) 2016/679 (see Privacy Policy) or other applicable data protection laws.
5. Use of cookies
Our website and our partners use cookies or similar technologies to ensure the best user experience and for trend analysis, website administration, tracking users’ movements around the site and gathering demographic information about our user base as a whole. Cookies are small text files placed on your device to track usage patterns and record personal preferences. Our cookies do not contain information that can directly identify individuals. We collect certain information automatically through the use of cookies and tracking technologies, such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, files viewed on our site (e.g. HTML pages, graphics), operating system, date/time stamp and/or click data to analyze trends at an aggregate level and to administer the site. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, this may limit the use of certain features or functionality on our site or service.
For more information about the use of cookies, please also see our Cookie Usage Policy.
6. Data and information from the Client
At DELAY.AERO’s request, the Client or the passengers travelling with him shall provide DELAY.AERO with any data or information necessary for the execution of the Agreement. The Client guarantees that the data and information provided are correct, complete and authentic and, where applicable, provided with the consent of the passengers who travelled with him/her.
The Customer agrees to fully indemnify DELAY.AERO in all respects for all third party claims, including, but not limited to, incorrect communications by the Customer, provision of incorrect data/information and fraudulent conduct.
In case of incorrect data/information and fraudulent behaviour, DELAY.AERO reserves the right to terminate the agreement with immediate effect. If the agreement is terminated in accordance with this paragraph, the Customer shall not be entitled to any compensation/refund.
7. Final provisions
DELAY.AERO is entitled to amend these Terms and Conditions and Price List and to set any additional conditions at any time and without prior notice, and the Client is obliged to check the updates published by DELAY.AERO on its website.
If any provision of these Terms is or becomes invalid or unenforceable, this shall in no way affect the validity of the other provisions.
The English language version of these Terms shall prevail in case of inconsistency with any other language version.