Terms and Conditions

Welcome to Flight Patrol 

(“Company”, “we”, “our”, “us”)

 

These Terms and Conditions (“Terms”, “Terms & Conditions”) govern your use of our web page located at www.flightpatrol.com, operated by Flight Patrol. They are also applicable to all agreements reached and entered into between Flight Patrol and the Client.

Your agreement with us includes these Terms (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) these Agreements, then you may not use the Service, but please let us know by emailing us at customerservice@flightpatrol.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to use our Service.

 

1. Definitions of words used below:

 

Claim:

The paperwork processed with the Airline on behalf of the Client, i.e. the air passenger, as a result of a denied boarding, cancellation or delay of a flight.

Client:

The person who instructs Flight Patrol or the air passenger who holds a Claim against the Airline.

Airline:

The airline that operated the delayed or cancelled flight or was scheduled to operate the flight.

Agreement:

The Agreement between the Client and Flight Patrol on the basis of which the Client will authorise Flight Patrol to collect the Claimwhich is entered into when submitting the Claim to completion on the Flight Patrol website.

Extrajudicial Process:

The composing and sending of letters (of default) as Flight Patrol sees fit or the collection of the Claim in any other way, including (settlement) negotiations with the Airline and reaching an amicable settlement with the Airline;

Judicial Process:

The legal proceedings initiated for the Claim by and/or on behalf of Flight Patrol, on their own account or that of the Client, including (but not limited to) the composing of a legal summons and/or the initiation of legal proceedings against the Airline, (settlement) negotiations with the Airline and reaching an amicable settlement with the Airline.

 

2. Communications

 

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.

 

3. Procedure

 

  • Flight Patrol offers several services that aim to assist in the claiming of the legal compensation in the event of a delay, cancellation, overbooking or denied boarding based on Regulation (EC) 261/2004.
  • If Flight Patrol decides to accept/process the Claim, it will make reasonable endeavours to collect the Claim from the Airline.
  • Flight Patrol will process the Client's (personal) data with care. The Client hereby gives Flight Patrol permission for the processing of the personal data supplied by the Client, and for the use thereof in the context of Flight Patrol's usual operational management under Section 8 of the Personal Data Protection Act of Dutch law.
  • The Client gives permission to Flight Patrol to provide personal data to legal partners when necessary. The Terms and Conditions are also applicable to Flight Patrol's legal partners and their actions and endeavours.
  • The Client will be advised of the chances of success of the Claim (where possible), by means of notifications in the compensation calculator on the website and/or advice from Flight Patrol's employees. This advice by Flight Patrol will be given on a provisional basis; no rights can be derived from this advice. Flight Patrol will not provide any guarantees about the Claim's success or outcome.
  • Flight Patrol cannot be held accountable for any of the results of the Client's failure to (regularly) read notifications and messages sent to the Client.
  • Flight Patrol will always be entitled to reject the Claim for processing, with providing reasons and/or to cease the collection of the Claim at any moment it sees fit, regardless of whether this occurs during the Extrajudicial Process or the Judicial Process.
  • Flight Patrol will not be obligated to provide any further effort or service relating to the Claim from that moment on. The Client is entitled to a 14 day cooling off period, after which the Client will then be held responsible for reimbursement of any expenses incurred during the processing of their Claim thus far.
  • This Agreement will be effective until the Claim is explicitly closed by Flight Patrol or its legal Partners, in writing, the Claim is successfully collected, or the Agreement is prematurely terminated by the Client. In the event the Client terminates the Agreement prematurely, the terms mentioned above, in section g apply.

 

4. Extrajudicial Process

 

  • The Client authorises and/or mandates Flight Patrol to collect the Claim in the Extrajudicial Process, and to do all that Flight Patrol deems to be useful for the collection of the Claim. The authorisation and/or mandate will be issued to Flight Patrol in a separate agreement.

 

  • In the event (a part of) the Claim is collected, the Client with a No win, no fee Account will always owe Flight Patrol a portion of 25% of the total amount collected.

 

5. Judicial Process

 

  • The decision of whether a Judicial Process will be initiated to collect the Claim will be at the discretion of Flight Patrol. The decision to start a Judicial Process will be made by Flight Patrol based on the documentation (made) available to Flight Patrol and the information about the cause of the delay, cancellation, overbooking or denied boarding (made) available to Flight Patrol. Flight Patrol is permitted to refrain from initiating a Judicial Process if it believes it not to be expedient for any reason. For the initiation of a Judicial Process by Flight Patrol (whether or not as a party to the proceedings), the Client will be required to give a separate mandate to Flight Patrol in which the Client agrees to initiation of the Judicial Process.

 

  • In the event Flight Patrol decides to initiate a Judicial Process, the Client mandates Flight Patrol to proceed to initiate legal proceedings as it sees fit (on Flight Patrol's own behalf and at its own risk) in order to collect the Claim, by, including but not limited to, the following means: legal proceedings, an amicable settlement or enforceable measures.

 

  • In the case Flight Patrol or a subsidiary of Flight Patrol is not permitted to initiate legal proceedings in the country where the airline's head or branch office is located, these legal proceedings may if possible be initiated or carried out by a legal partner in the country in question (if needed by sub delegation through the power of attorney from the Client to Flight Patrol).

 

  • The Client is permitted to withdraw the instructions to initiate legal proceedings at any time. In that event, any legal expenses incurred will be charged to the Client. This also applies to instructions given to Flight Patrol's legal partners.

 

  • The initiation of legal proceedings against the Airline is time barred after a period of 2 years in the case of Dutch airlines, 3 years in the case of German airlines, 6 years in the case of British airlines and 1 year in the case of Belgian airlines, counting from the flight date or the date the flight was scheduled to be operated. By agreeing with the applicability of the Terms and Conditions, the Client declares to have taken note of this deadline. Flight Patrol cannot be held accountable for damages resulting from the possible expiration of the Claim, in case the Client fails to provide Flight Patrol with all required documents in order to pursue the claim (these are: a power of attorney, a copy of an identification document and a minimum of one complete booking document for every passenger on the Claim).

 

6. Rates and payment

 

  • In the case of a No win no fee Account, no upfront fee is charged for Flight Patrol's services.

 

  • All funds collected from the Airline after the Agreement has been entered into that relate to the Claim will be regarded as having been collected as a result of Flight Patrol's efforts and activities, regardless of whether the funds were collected (partly) due to the Client's efforts and activities. Flight Patrol will always be entitled to 25% (+vat) of the claimed total with regard to funds received from the Airline plus a £25 admin fee.

 

  • Payments made directly to the Client by the Airline must be reported to Flight Patrol immediately and no later than 14 days from the date the payment is received by the Client. In case of failure to comply with this rule, any expenses incurred for the collection of the funds owed to Flight Patrol by the Client will be charged to the Client.

 

  • In the event any form of compensation other than monetary including but not limited to vouchers and Air Miles is offered by the Airline after the Extrajudicial Process has commenced but before the Judicial Process commences as settlement of (part of) the Claim, the Client will be permitted to accept this if written consent is given by Flight Patrol. If the value of the vouchers offered is lower than that of the Claim, the Client will be bound to pay 25% (+Vat) of the total value of the vouchers, plus a £25 admin fee to Flight Patrol. If the value of the vouchers offered is higher than that of the Claim, the Client will be bound to pay no more than 25% (+ Vat) of the total value of the vouchers plus a £25 admin fee, to Flight Patrol.

 

  • In the event the Client accepts vouchers or Air Miles instead of monetary compensation during the Judicial Process, the Client will be bound to pay Flight Patrol 25% (+Vat) of the Claim amount plus a £25 admin fee. If the Airline offers a voucher or Air Miles of a lower value than that of the Claim, the Client will not be permitted to accept this unless expressly agreed upon with Flight Patrol.

 

  • In case the Claim is (partly) collected, the Client will owe Flight Patrol 25% (+Vat) of the claimed total with regard to funds received from the Airline, plus a £25 admin fee. In the event this amount is transferred directly to the Client's bank account by the Airline, Flight Patrol will charge 25% of the total amount collected to the Client and a £25 admin fee.

 

  • The Judicial Process will be processed by Flight Patrol as it sees fit based on a 'no win, no fee'. No expenses will be charged if no form of compensation is collected from the Airline.

 

  • All costs, expenses and charges, including legal interest, allowed by the courts that do not fall under the capital sum will go to Flight Patrol, unless otherwise agreed in writing.

 

  • In the event the Client accepts vouchers or Air Miles instead of monetary compensation during the Judicial Process, the Client will be bound to pay Flight Patrol 25% (+ vat) of the Claim amount, plus a £25 admin fee. If the Airline offers a voucher or Air Miles of a lower value than that of the Claim, the Client will not be permitted to accept this unless expressly agreed upon with Flight Patrol.

 

7. Payment

 

  • The funds received by Flight Patrol intended for the Client will be paid to the Client no later than 60 days after the funds and the correct bank account details are received by Flight Patrol, provided that these funds can be connected to the Claim with a reference number. Payments to the Client will be made to the bank account provided to Flight Patrol by the Client. Flight Patrol cannot be held liable for any damages resulting from the provision of erroneous bank account details by the Client. If any foreign bank charges an additional fee for the transfer of the funds to the Client's account, these costs will be charged to the Client. Flight Patrol will deduct this amount from the compensation due.

 

  • All funds collected from the Airline after the Agreement has been entered into that relate to the Claim will be regarded as having been collected as a result of Flight Patrol's efforts and activities, regardless of whether the funds were collected (partly) due to the Client's efforts and activities. Flight Patrol will always be entitled to 25% of the claimed total with regard to funds received from the Airline.

 

  • If the Client fails to provide his or her bank account details to Flight Patrol, the funds intended for the Client will be retained on Flight Patrol's bank account for the duration of no more than one year after these funds are collected. This year will commence once the Client is informed of the receipt of the funds intended for the Client on the email address provided to Flight Patrol as the Client's contact email address. Flight Patrol will make at least three attempts to contact the Client at the email address provided to Flight Patrol. After this one-year period expires, the total claimed amount will become Flight Patrol's property.

 

  • If the Client fails to fulfil any payment owed to Flight Patrol, Flight Patrol will charge all costs associated with the collection of this payment to the Client.

 

8. Client obligations

 

  • The Client declares that all information provided is accurate, complete and true.
  • By agreeing with these Terms and Conditions via Flight Patrol's website, the Client declares to have informed Flight Patrol of all correspondence previously sent to and received from the Airline, as well as offers and discounts given or done by the Airline regarding the Claim before this Agreement was entered into.
  • The Client will always follow Flight Patrol's instructions regarding the Claim. Flight Patrol cannot be held liable and/or responsible for the loss of time and/or the expiration of legal terms or limitation periods resulting from the Client's failure to do so.
  • The Client will refrain from communicating directly with the Airline once this Agreement has been entered into, and throughout the entire Extrajudicial Process and possible Judicial Process, unless expressly agreed upon with Flight Patrol in writing. Flight Patrol cannot be held liable for any damages resulting from the Client's own actions toward the Airline. 
  • The Client will always and immediately inform Flight Patrol of any news or developments regarding the Claim. Flight Patrol cannot be held liable for the Client's failure to follow this instruction or any consequences thereof.
  • If the Client's contact details change after the Agreement has been entered into, the Client will immediately inform Flight Patrol of these changes. Flight Patrol cannot be held liable and/or responsible for the loss of time and/or the expiration of legal terms or limitation periods or for any other negative consequences resulting from the Client's failure to provide accurate contact details or the failure to inform Flight Patrol of any changes.
  • The Client is not permitted to transfer the Claim to a third party at any time during the Extrajudicial Process and the Judicial Process, unless expressly agreed upon by Flight Patrol in writing.
  • In the event the Client fails to act according to article 41 of these Terms and Conditions, or accepts an offer from the Airline without express written consent from Flight Patrol, the Client will owe 25% of the Claim amount to Flight Patrol. This amount will be required to be transferred to Flight Patrol's bank account within 14 business days of the date of termination and/or transferal of the Claim.
  • The Client is allowed to terminate the Agreement prematurely;
    - In the event the Client decides to terminate the Agreement before providing Flight Patrol with a signed power of attorney, Flight Patrol has the right to charge 12.5% of the total claim amount to the Client, with a maximum of EUR 300.00 (three hundred Euros), as reimbursement for incurred expenses.
  • - In the event the Client decides to terminate the Agreement after providing Flight Patrol with a signed power of attorney for at least one passenger (in case there are multiple passengers on the Claim), Flight Patrol has the right to charge 25% of the total claim amount to the Client.
  • Payment of the invoice needs to be done no later than 14 days after termination and/or completion of the Claim to the bank account of Flight Patrol.

 

9. Force majeure

 

  • Flight Patrol cannot be bound to fulfil any responsibility toward the Client if it is hindered to do so as a result of force majeure or a circumstance beyond its power, including those responsibilities that would fall under Flight Patrol's accountability under the law, a legal transaction or generally accepted standards. Force majeure includes the following: all outside factors, anticipated or not anticipated, over which Flight Patrol does or did not have any control, but which cause Flight Patrol be unable to fulfil its responsibilities to the Client. Flight Patrol is also entitled to invoke force majeure if the circumstances hinder (further) fulfilment of the Agreement, irrespective of whether the circumstances causing force majeure occur prior to or after the time Flight Patrol's work for the Client should have been completed.

 

  • Flight Patrol will be permitted to suspend its obligations toward the Client while the force majeure persists.

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