General Terms of Use V1.3
These general terms of use are applicable from June 15, 2020. To consult the general terms of use applicable before June 15, 2020, please visit this page.
Preamble
Indemniflight is a simplified joint-stock company with a share capital of 65,000 euros, registered with the Trade and Companies Register of Nanterre under number 819 531 864, with its registered office located at the following address: 7 rue Paul Vaillant Couturier, 92300 Levallois Perret. Indemniflight is authorized to recover compensation as provided by Regulation (EC) No. 261/2004 of February 11, 2004, or any other legal basis, following a delay, an overbooking (an unjustified denial of boarding), or a cancellation in the context of air transport. Indemniflight carries out amicable procedures against airlines and, if necessary, takes legal action before the competent courts to obtain the compensation due to the Client. Indemniflight acts on behalf of and for the Client within the framework of the power of attorney contract (hereinafter the “mandate”) entered into by the latter. The mandate granted by the Client (Principal) to Indemniflight (Agent) is a legal act under French civil law. These General Terms of Mandate and the resulting operations are governed by French law and are drafted in French.
Definitions
Power of Attorney Contract:
The mandate is a document by which the Client grants Indemniflight the authority to perform one or more legal acts on their behalf. The mandate is a written document that takes effect once the Client signs it.
The Client (The Principal)
Refers to the individual or legal entity who, through a mandate, grants Indemniflight the authority to represent them in one or more legal actions to obtain compensation.
The Mandate
See “Power of Attorney Contract”.
The Agent
Refers to the company, in this case, Indemniflight, which has been granted the authority to represent the Client and carry out legal actions on their behalf.
The Website
Refers to a collection of web pages and resources linked together by hyperlinks, texts, and sections accessible to internet users. The Indemniflight.com website provides information on air passenger rights and allows users to initiate compensation claims following an incident such as a delay, cancellation, or overbooking.
The Commission
Refers to 29.17% (excluding taxes) of the compensation amount obtained in the amicable phase and 41.7% (excluding taxes) in the litigation phase. This amount may be:
· Deducted before the payment is made to the Client if the airline transfers the said amount directly to Indemniflight’s bank account;
· Claimed from the Client if the airline transfers the said amount directly to the Client’s bank account.
The commission applies once the compensation is accepted, in both the amicable and litigation phases.
The Compensation
Refers to the financial compensation set by Regulation (EC) No. 261/2004 of February 11, 2004, intended to remedy damages suffered by an individual or legal entity that has used our services. This refers to the sum paid by the airline following the actions undertaken by Indemniflight. However, amounts awarded under Article 700 of the French Civil Code, as well as any other supplementary compensations, are excluded from the total compensation amount.
Personal Data
Refers to data or documents that can identify a person (such as a photo or phone number). The Client’s personal data is used in accordance with the strictest conditions provided by the applicable European regulation.
The File
Refers to all written and/or electronic documents submitted in the Client Space or sent by postal mail or email.
The Damage Suffered
Refers to the harm caused by a failure in the execution of the initial travel contract between the Airline and the Client. This contract is independent of the contract established with Indemniflight. Such damage may result from:
· A delay;
· A cancellation;
· Or an overbooking.
The Client Space
Refers to a digital space where the Client can upload one or more documents related to the damage suffered. In this space, the Client can also obtain information regarding the progress of their file. This space is exclusive to the Client. They can access it at any time using their login credentials on the Indemniflight.com website. A Client who has submitted multiple files under the same account will have access to all ongoing files.
The User
Refers to any person browsing the Indemniflight.com website who has not submitted a file.
The Compensation Process
Refers to all actions undertaken by Indemniflight from the receipt of the signed mandate until the archiving of the Client’s file.
Article 1 – Purpose
These General Terms of Use (hereinafter referred to as the “GTU”) define the conditions for using the services offered on the website www.indemniflight.com by the User.
The present GTU also govern all mandates entrusted to Indemniflight for the purpose of recovering compensation as provided by Regulation (EC) No. 261/2004 of February 11, 2004, or any other legal basis, following a delay, an overbooking, an unjustified denial of boarding, or a cancellation in the context of air transport.
The GTU can be accessed directly by the User and the Client on the website and can also be communicated to them upon request by any means.
Indemniflight reserves the right to modify the content of the website and these terms at any time. Any changes to the GTU will, if applicable, be communicated to Clients via email.
Indemniflight remains discreet regarding modifications made to the GTU in order to comply with legislative or regulatory provisions in force and/or to correct any errors.
The Client signing the mandate is deemed to have read and accepted the general terms of use in force on the date of signature.
Article 2 – Compensation Procedure
2.1 Pre-submission Phase
The pre-submission phase consists of:
· Entering your personal information into our system;
· Entering flight-related information;
· Uploading the necessary documents to build and review your file.
Indemniflight reserves the right to determine the eligibility of a case. This eligibility review is conducted in accordance with the provisions of Regulation 261/2004 of the European Commission and its case law.
Several criteria must be met to determine a file’s eligibility. These criteria include, but are not limited to, the nationality of the airline, the geographical location of the departure airport, the actual arrival time, and the nature of the travel contract concluded with the Airline, etc.
2.2 Amicable Phase
The amicable phase begins once the file is deemed eligible and complete. This phase is materialized by sending an amicable demand letter to the Airline. As soon as the Client’s file is completed, an amicable letter is sent to the Airline to seek an amicable recovery of the compensation claim.
In case of acceptance of compensation, the indemnities will be transferred to the Client’s bank account in accordance with Article 3 of these terms and conditions.
In case of refusal of compensation or absence of a response from the airline, the file will be taken over by one of our partner law firms.
2.3 Pre-litigation and Litigation Phase
During this phase, the Client’s file is transferred to one of our partner law firms. A thorough review of all the documents in the file is carried out before the transfer.
Additional documents may be requested from the Client.
Following this review, our legal experts may determine that the file does not meet the conditions of Regulation 261/2004. In such cases, the file is archived.
The Client’s representation before the competent court is ensured by the lawyer in charge of the case. Consequently, the Client is not required to appear in person at the hearing.
At the hearing, the judge may issue a decision either at the end of the session or at a later date.
2.4 Payment of Compensation Due to the Client
The Client has granted Indemniflight the authority to represent them (from the first administrative step to the compensation for damages).
The Client authorizes Indemniflight to receive the compensation on their behalf.
Once the Airline has transferred the compensation to Indemniflight’s bank account, the latter commits to transferring the funds to the Client’s bank account within 15 working days after receiving the Client’s Bank Account Details (hereinafter: “the RIB”).
The commission will be deducted when the compensation is transferred to the Client’s bank account.
To allow Indemniflight to transfer the compensation to the Client’s bank account, the Client must provide Indemniflight with their banking details (IBAN, SWIFT, etc.). The compensation payment is made exclusively through electronic means. No payment will be made by check, bill of exchange, or cash for security reasons.
The Client has one month from the date of the first request to provide their banking details (RIB). After this period, Indemniflight reserves the right to use the funds belonging to the Client. The Client retains the right to request the transfer of their compensation to their bank account at any time within two years (starting from the first email informing them that Indemniflight has received the compensation), in accordance with Article L218-2 of the Consumer Code.
Any additional charges applied by banks are the responsibility of the Client. The same applies to any payments outside the SEPA zone made by Indemniflight.
If the compensation is transferred directly to the Client’s bank account in cash, the Client agrees to inform Indemniflight within 14 days from the date of receipt of the funds.
If the Client receives compensation in the form of a credit voucher by directly contacting the Airline, the Client agrees to inform Indemniflight within 14 days from the date of receipt of the voucher.
The bank transfer is made exclusively via electronic transfer to the following account:
Account Holder: Indemniflight SAS
IBAN: FR76 3000 3043 8000 0200 2279 059
BIC: SOGEFRPP
Bank Branch: PARIS RIVE DROITE LF1 (04380)
The Client has 30 days to proceed with the electronic transfer in accordance with Article 3 of these terms and conditions.
If the Client refuses to pay the commission or does not proceed with the transfer within the given period, Indemniflight reserves the right to take any necessary actions to recover the debt.
Article 3 – Service Fees and Pricing
Indemniflight’s pricing policy is as follows:
When the Airline accepts the compensation claim in the amicable phase, Indemniflight charges a commission of 29.17% (excluding VAT) of the total compensation due by the Airline.
During the litigation phase, legal fees and additional costs related to legal proceedings are incurred. Indemniflight then charges a commission of 41.7% (excluding VAT) of the total compensation amount if the claim is accepted by the Airline.
The increase in the commission amount owed to Indemniflight is justified by the progress of the procedure. Since Indemniflight advances legal and procedural costs to obtain the Client’s compensation, an unjustified abandonment constitutes an unwarranted loss.
Additional costs, legal fees, and indemnities payable by the airline, including any amounts received by Indemniflight under Article 700 of the French Civil Procedure Code and any additional compensation, are rightfully retained by Indemniflight.
Any compensation received by Indemniflight, whether amicably or through litigation (Articles 695 to 700 of the French Civil Procedure Code), intended to cover unrecoverable costs incurred for defending the Client’s interests in court (lawyer’s fees, legal fees, bailiff fees, etc.), will be entirely retained by Indemniflight.
Article 4 – Rights and Obligations
4.1 Client Rights
The Client has the right to rectify their personal information and data, provided this does not contravene their obligations regarding truthfulness and information disclosure.
The Client has the right to access any information related to their file through our legal team or the designated communication service.
Indemniflight undertakes to keep the Client informed about the progress of their file, whether regarding the acceptance or rejection of compensation, as well as the different steps of the procedure.
The Client has the right to terminate or abandon their mandate contract.
4.2 Client Obligations
The Client must ensure the accuracy and truthfulness of the information provided to Indemniflight.
The mandate given to Indemniflight for recovering the compensation claim is an exclusive mandate. The Client, therefore, agrees in advance to the legal representatives proposed by Indemniflight and undertakes not to mandate any other person for the same procedure.
The Client must not disclose any information related to the service provided, which constitutes confidential information and trade secrets.
Indemniflight specifically draws the Client’s attention to the fact that:
- The Client has a duty to provide information to Indemniflight. This obligation includes sharing any relevant documents, such as exchanges with the airline before or after signing the mandate with Indemniflight, as well as any document necessary for the recovery of the claim, whether in the amicable or litigation phase.
- The Client must not initiate another claim recovery procedure against an airline through a third party or on their own, for the same claim and circumstances already entrusted to Indemniflight.
- The Client agrees not to terminate the compensation procedure without a justified reason and outside cases of force majeure.
If the Client fails to fulfill obligations (1), (2), or (3), they must compensate Indemniflight with an amount equivalent to the commission (see pricing table – Article 3 of these terms and conditions).
Coverage of costs unduly incurred by Indemniflight includes: hourly labor costs related to time spent on the case in the amicable phase, as well as bailiff and lawyer fees in the litigation phase.
Additionally, if the Client fails to respond within 45 days after a follow-up from Indemniflight, despite their participation being required for the amicable or litigation compensation process, this will be treated as an unjustified abandonment and will result in the same financial penalties towards Indemniflight.
4.3 Indemniflight’s Rights
Indemniflight reserves the right to determine whether a case is eligible under Regulation (EC) 261/2004.
If a case is deemed ineligible under Regulation (EC) 261/2004, Indemniflight reserves the right to reject the file and not proceed with the compensation process.
Indemniflight reserves the right to archive a compensation claim if it does not meet legal requirements and to provide justification for such archiving.
4.4 Indemniflight’s Obligations
Indemniflight is committed to adhering to the compensation procedures for its Clients. In the amicable phase, Indemniflight undertakes to send a claim letter upon receipt of the mandate. In the litigation phase, Indemniflight will transfer the case to a lawyer within a reasonable timeframe to formally notify the airline. If, despite this, the Client has not received compensation and there is no valid justification under Regulation (EC) 261/2004, the lawyer will initiate legal proceedings before a judge.
Indemniflight commits to using all available means to find a lawyer and assign them to the Client’s case but does not bear liability in case of failure.
Indemniflight is committed to complying with the law in all its actions related to compensation claims for canceled, delayed, or overbooked flights.
Indemniflight upholds the following commitments with diligence, caution, and integrity: ensuring full traceability and an accurate understanding of the case, as well as unwavering determination with a single objective – ensuring the Client receives their compensation.
Indemniflight is committed to keeping Clients informed of any updates regarding their case via email. The Client will be notified of every change in their case status.
Indemniflight follows up with Clients as needed to ensure they fulfill their obligation to provide information and to help secure the compensation as quickly as possible.
Indemniflight advances expenses related to the Client’s ongoing case until all indemnities are obtained. As a result, the Client does not make any advance payments for the processing of their case. If the Client fails to meet their obligations, Indemniflight may request reimbursement of these costs.
Indemniflight confirms that it has subscribed to professional liability insurance.
Article 5 – No Right of Withdrawal
In accordance with Article L 221-28 of the Consumer Code, the Client does not have a right of withdrawal.
Article 6 – Termination and Abandonment
6.1 Termination
The Client has the right to terminate their contract. Termination differs from abandonment of the procedure. Termination occurs by operation of law and is not subject to the payment of a commission to Indemniflight.
The Client has the right to terminate their contract in the following cases:
· If their contractual counterpart seriously fails to meet their contractual obligations, and after sending a formal notice by registered letter with acknowledgment of receipt that remains unanswered. However, this does not preclude the claiming of damages that may be awarded to the terminating party;
· If the applicable law on which Indemniflight relies results in the Client losing their right to compensation;
· In case of unfavorable decisions issued by the court of first instance;
· In case the Client’s compensation claim becomes time-barred;
· In the event of the airline’s bankruptcy, the contract may be terminated by Indemniflight.
· In the event of cessation of payment, judicial recovery, or liquidation of Indemniflight or the Airline Company, from the date of the opening judgment, if the administrator in charge of executing the contract does not proceed with the payment within one month of receiving the notification;
· In the event of the Client’s death, the contract may be terminated by their heirs.
Download the termination form here.
The form must be returned by registered postal mail with acknowledgment of receipt to the following address:
7 rue Paul Vaillant Couturier
92300 Levallois Perret
France
6.2 Abandonment
The Client has the right to abandon the compensation procedure initiated for reasons other than those cited above.
For cases in the amicable phase, the Client agrees to pay Indemniflight the fees specified in Article 3 as damages due to the unjustified abandonment of the procedure.
Article 7 – Liability
Indemniflight undertakes to act diligently in performing its assigned duties and to comply with the Terms and Conditions.
Indemniflight cannot be held liable for the improper use of its services by the Client, for the theft or compromise of their login credentials, or for service failures due to internet network operators, service providers, third-party actions, or any event beyond Indemniflight’s control as defined by common law.
Indemniflight may unilaterally and immediately archive any Client file without prejudice to any damages that Indemniflight may claim in compensation for the breach.
Indemniflight cannot be held liable in case of failure of the compensation procedure. Notification of such failure by Indemniflight terminates the contract, subject to any amounts due between the parties under the mandate agreement.
The information provided by Indemniflight does not constitute legal advice and should not be considered a substitute for professional legal consultation.
Indemniflight shall not be held liable for loss, unavailability, or failure to return Client-submitted materials in the event of circumstances beyond its control.
Indemniflight cannot be held responsible for indirect damages or any losses, even if Indemniflight has been informed of the possibility of such damages.
Article 8 – Force Majeure
Indemniflight shall not be held responsible if the airline is exempt from liability due to “extraordinary circumstances.” Indemniflight’s liability cannot be engaged if the delay or non-performance of the contract is due to a force majeure event as defined in Article 1218 of the French Civil Code.
These “extraordinary circumstances” and the characterization of force majeure will be assessed on a case-by-case basis by the competent judge.
Article 9 – Intellectual Property
The website, including its content, logos, visuals, and the Indemniflight brand, is the exclusive property of Indemniflight. Any total or partial reproduction is strictly prohibited and constitutes an infringement offense.
The Client is prohibited from reproducing or exploiting any communications and exchanged documents without Indemniflight’s express authorization.
Article 10 – Personal Data Protection
Indemniflight retains all transmitted data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation – GDPR).
By providing their personal data to Indemniflight, the Client authorizes its use under the terms of this agreement.
Furthermore, by accepting the Terms and Conditions, the Client authorizes Indemniflight to process their personal data to contact them via email, SMS, mail, or telephone. Communications between Indemniflight and the Client are necessary for the execution of the contract between them.
Personal data voluntarily provided by the Client, which is not necessary for the execution of the contract, may be withdrawn at any time by sending an email to dpo@indemniflight.com.
For more information on Indemniflight’s privacy policy and to obtain the contact details of the Data Protection Officer, click here: https://www.indemniflight.com/donnees-personnelles
Article 11 – Disputes
In case of a dispute arising from the execution of the contract or the interpretation of the Terms and Conditions, the Client agrees to first attempt an amicable resolution via Indemniflight’s customer service or legal department.
In accordance with Articles L.611 to L.616 and R.612 to R.616 of the Consumer Code, any consumer dispute may be settled amicably through mediation with CM2C, 17 rue St Jean, 75017 PARIS, Tel: 01 89 47 00 14.
The mediator will not review disputes that are manifestly unfounded or abusive, have been previously examined or are currently being examined by another mediator or a court, or where the consumer has filed the request more than one year after their initial written complaint to Indemniflight. The dispute must fall within the mediator’s jurisdiction, and the consumer must provide proof of attempting to resolve it directly with Indemniflight beforehand.
Any dispute related to the execution of the contract and the interpretation of the Terms and Conditions is subject to French law. Failing an amicable resolution or mediation, the dispute will be brought before the Judicial Court of Paris.
Last updated on June 15, 2019.
