Terms of Service

These General Terms and Conditions apply from September 25, 2019. To view the General Terms and Conditions valid until September 25, 2019, this page.

Preamble

Indemniflight S.A.S. is a simplified limited liability company with a registered capital of EUR 65,000 and registered at the Nanterre Commercial Register under number 819 531 864, with its registered office at 7 rue Paul Vaillant Couturier, 92 300, Levallois-Perret. Indemniflight is a commercial company entitled to claim compensation for delays, ‘overbooking’ (unjustified denial of boarding) or cancellation of air transport as defined by Regulation (EC) No 261/2004 of 11 February 2004 or any other legal basis. Indemniflight will act with amicable manner with the airlines and, where applicable, with the competent jurisdictions, to obtain compensation for the customer. Indemniflight shall act on behalf of and for the benefit of the Customer in the framework of a written authorization signed by the Customer The written authorization (hereinafter referred to as contract or power of attorney) given by the Customer to Indemniflight is an act within the meaning of the French Civil Code. These General Terms and Conditions and the resulting transactions are subject to French law and are drafted in French.

Definitions

The written authorization

is a document by which the Customer authorizes Indemniflight to perform one or more legal transactions on its behalf. The order shall enter into force when the Customer has signed the document.

The Customer (The Principal)

is a person who, by a power of attorney authorizes Indemniflight to represent them in one or more legal action for damages. The Client is a natural or legal person.

The power of attorney

is a document by which the Customer authorizes Indemniflight to perform one or more legal transactions on its behalf. The order shall enter into force when the Customer has signed the document.

The agent :

Désigne la société en espèce la société Indemniflight qui a reçu le pouvoir de le présenter et d’effectuer des actes en son nom.

The website

is a collection of web pages and resources that are linked to each other by links, texts, references and is accessed by the Internet user. The company’s Indemniflight.com website provides information on air passenger rights and the initiation of compensation procedures for damages caused by delay, cancellation or overbooking.

The commission fees :

30% of the amount received as compensation. This can be:

• a deduction prior to payment to the Customer’s account, if the amount is transferred directly to the bank account of Indemniflight by the airline;
• a claim against the Customer if the airline transfers the said amount directly to the Customer’s bank account.

The commission will be realized once the compensation has been accepted, either by amicable means or by legal action.

The compensation

is the financial compensation that is intended to compensate the natural or legal person who has used our services. It refers to the amount paid by the airline for the contribution of Indemniflight. However, the provisions of Article 700 of the Civil Code are excluded from compensation.

Personal data

Data or documents that allow one person to be identified (such as a picture or phone number). The use of Customer’s personal data is subject to the strictest conditions specified in the applicable European Regulation.

The file

represents all documents written and / or electronically deposited in a Customer account or sent by mail or e-mail.

The legal injury:

damage resulting from poor performance of the original travel contract between the airline and the Customer. This contract is independent of the contract with Indemniflight. Violation of rights may occur in case of:

• delays ;
• cancellation ;
• overbooking.

The Customer Area

is a dematerialized location where Customer may place one or more documents in connection with legal injuries. Through the account, Customer may obtain information about the progress of their own file. This area is an interface that belongs to the Customer. They can access Indemniflight.com at any time with their login and password. A customer who has placed multiple files with the same login ID can access all pending files at any time.

The User

anyone browsing Indemniflight.com who has no uploaded files.

The compensation procedure

any action taken by Indemniflight from the receipt of the signed order to archiving the Customer’s file.

Article 1 – Object

The purpose of these General Terms and Conditions (hereinafter “GTC”) is to determine the terms and conditions for Customer’s use of the services offered at www.indemniflight.com.

This GTC also governs any assignment made to Indemniflight for the purpose of recovering damages resulting from delay, overbooking, unjustified denial of boarding or cancellation based on Regulation (EC) No 261/2004 of 11 February 2004 or any other legal basis. The content of the GTC may be viewed by the Customer at any time on the Internet and may be communicated in any manner upon Customer’s simple request.

Indemniflight reserves the right to make changes to the content of this website and these terms and conditions at any time. Customers will be notified of changes to the GTC, if applicable, by email.

Indemniflight will continue to make digital modifications to the GTC in order to comply with applicable statutory or regulatory provisions and / or correct errors.

The signature of the order shall be deemed to have been acknowledged and accepted by the Customer as of the date of signature.

Article 2 – Compensation Procedure

2.1 Pre – notification phase

During the pre-notification phase:

• enter your personal information in our system;
• provide information about the details of the flight;
• submit the necessary documents to create and examine your file.

2.2. Examination of eligibility

Indemniflight reserves the right to determine the eligibility of the file. Eligibility will be assessed in accordance with the provisions of Commission Regulation (EC) No 261/2004 and its application in law.

A number of criteria must be met to determine whether a file is eligible. These criteria include, but are not limited to, the residence of the airline, the geographical location of the departure airport, the actual time of arrival, the nature of the travel contract with the airline, and so on.

2.3 Amicable settlement phase

Since the publication of the Government Decree of 11 March 2005 on the simplification of civil procedures, electronic communications and the amicable settlement of disputes, the amicable settlement phase must be mandatory. It is necessary to provide evidence of an attempt at an out-of-court settlement before any legal proceedings are instituted.

The phase of amicable settlement begins once the file has been constituted and proved to be eligible. This phase includes the following:

• sending a first letter for an amicable settlement;
• sending a second letter for amicable settlement (if no reply is received to the first letter).

2.3.1 Sending the first letter for an amicable settlement

On average, the airline has 30 days after sending out the first amicable settlement letter. After the first amicable settlement letter is sent out, there could be three possible scenarios:

a) Accepting the compensation

The Airline responds to this letter and agrees to provide compensation to the Customer. After accepting the compensation:

• The airline pays the amount of the compensation to Indemniflight’s bank account within 6-8 weeks. Upon receipt of the amount, Indemniflight will deduct a 30% commission and transfer the compensation to the customer’s bank account;
• the airline will not pay the amount to Indemniflight’s bank account within 6-8 weeks, which will send a notice to the airline. In this case, the airline will receive an additional 30 days delay. In the absence of a response from the airline, the Customer’s file will be forwarded to our lawyer, who will contact the airline.

b) Rejecting the compensation

The airline responds to the letter of amicable settlement and adds an extraordinary circumstance that exempts it from liability. In this case, Indemniflight will ask the airline to prove its good faith. The airline has 30 days to do so. There are three possible scenarios:

• the airline proves its good faith and Indemniflight closes the Customer’s file;
• the airline maintains its decision not to indemnify without proving its good faith. The Customer’s file will be forwarded to our lawyer, who will contact the airline;
• the airline does not respond, and the Customer’s file is forwarded to our lawyer, who will contact the airline.

c) Absence of reply

The Airline will not respond to letter of amicable settlement within a specified time, followed by a second amicable settlement letter. The latter letter increases the deadline for replying by an additional 30 days. Following the sending of the second amicable settlement letter, there are three possible scenarios:

• the airline responds to the letter and agrees to provide compensation to the Customer (see paragraph 2.3.1.a)
• the airline responds to the letter seeking a friendly settlement and invokes an extraordinary circumstance which exempts it from liability (see paragraph 2.3.1.b);
• the airline does not respond, and the Customer’s file is forwarded to our lawyer, who will contact the airline;

2.4 Litigation phase

During the litigation phase, Customer’s file will be sent to our law firm. For this purpose, each document in the file shall be subject to a detailed examination before being made available. Additional documents may be requested from the Customer. The litigation phase is divided into two parts, the notice and the action.

2.4.1 Notification

a) Before handing over the files/h5>

Before submitting the files to our law firm, each file is subject to a thorough examination. There are three scenarios that can occur during an examination:

1. Complete file

   Our legal officers determine that the file is complete and forward it to our law firm.

2. Incomplete file

   Our legal officers may find that the documents necessary for the litigation phase are missing. In this case, the Customer is asked for the documents. Customer has 15 days to respond. There are two possible scenarios:

   • the Customer sends the necessary documents and the file is transferred to the law firm;
   • The customer does not respond by the deadline. They will be then notified again. In the case of absence of Customer’s response, Indemniflight must close the file. In accordance with the cancellation policy and Customer’s obligations, archiving shall be deemed as the cancellation of the contract.

3. Not eligible file

   Our legal officers may find that:

   • the file does not meet all the conditions for entitlement to compensation under Regulation (EC) No 261/2004;
   • the real cause of the legal injury is an extraordinary circumstance.

   In both cases, the file will be archived.

b) After handing over the files

Once the file has been submitted, the law firm will send the letter of formal notice within a reasonable time. Once the notice has been sent, the airline has 60 days to respond. After the letter of formal notice is sent, there are four possible scenarios:

1. Accepting the compensation

   The airline responds to the letter of formal notice and agrees to provide compensation to the Customer. In this case Indemniflight will pay the compensation as set out in section 2.6.

2. Proven extraordinary circumstance

   In response to the letter of formal notice, the airline refers to an extraordinary circumstance and providing evidence thereof. In this case, Indemniflight must archive Customer’s file.

3. Not proven extraordinary circumstance

   In response to the letter of formal notice, the airline refers to an extraordinary circumstance and does not provide evidence thereof. In this case, Indemniflight will file a claim with the competent court in order to oblige the Airline to comply with air passenger rights.

4. Absence of reply

   The airline does not respond to the letter of formal notice. In this case, Indemniflight will file a claim with the competent court in order to oblige the Airline to comply with air passenger rights.

2.4.2 The Action

a) Before filing an action

In order to bring a well-founded case to the judge and to maximize the chances of success, the files will be re-examined. Additional documents may be requested from Customer. There are three scenarios that can occur during the examination:

1. Complete file

   Our legal officers determine that the file is complete and prepare the claim. Once the claim has been formulated, the law firm will have a reasonable time to file the claim.

2. Incomplete file

   Our legal officers may find that the documents necessary for the litigation phase are missing. In this case, the Customer is asked for the documents. Customer has 15 days to respond. There are two possible scenarios:

   • the Customer sends the necessary documents and the claim is then completed.
   • The customer does not respond by the deadline. They will be then notified again. If Customer does not respond, Indemniflight shall archive Customer’s file. In accordance with the cancellation policy and Customer’s obligations, archiving shall be deemed as the cancellation of the contract.

3. Ineligible file

   Our legal officers may agree that:

   • the file does not meet all the conditions for entitlement to compensation under Regulation (EC) No 261/2004;
   • the real cause of the legal injury is an extraordinary circumstance.

   In both cases, the file will be archived.

b) After filing an action

Once the claim has been filed with the competent court, a waiting period of 8 to 15 months is necessary until the date of the hearing.

Une fois que la date d’audience est fixée, le tribunal compétent notifie les parties concernées.

After setting the date for the hearing, the competent court shall notify the parties concerned. The Customer shall be represented before the competent court by our lawyer. Accordingly, Customer is not required to appear in person at the trial.

At the hearing, the judge may announce their decision, either at the end of the hearing or at a later date.

2.6 Payment of compensation to the customer

The Customer authorizes Indemniflight to represent them (and will do so from the time of the first administrative action up to compensation).

The Customer authorizes Indemniflight to collect compensation on its behalf.

After the airline has paid the compensation to the bank account of Indemniflight, the latter undertakes to pay this amount to the Customer’s bank account within 15 days.

The commission of 30% will be deducted from the amount of the compensation when transferring to the Customer’s bank account.

In order for Indemniflight to transfer compensation to the Customer’s bank account, Customer must submit its bank account details (RIB, SWIFT …) to Indemniflight. The compensation amount shall be paid only in a dematerialized manner. For security reasons, no payment may be made by check, bill of exchange or cash.

From the date Indemniflight notifies the Customer about the acceptance of compensation, Customer shall have two years, that is, 24 months, to disclose its bank details to Indemniflight. After the expiration of this period, the compensation is deemed to remain in the ownership of Indemniflight.

If the airline pays the compensation directly to the Customer’s bank account, the Customer undertakes to notify Indemniflight of the receipt of the amount within 14 days. Subject to any action taken by Indemniflight to obtain such compensation, the Customer shall transfer 30% of the total amount of compensation received to Indemniflight’s bank account. Bank transfers are made only electronically to the following account:

Name of the bank account owner: Indemniflight SAS

IBAN : FR76 3000 4008 1900 0123 5082 561

BIC : BNPAFRPPXXX

Bank Branch based on registered office: BNP Parisbas Elysées Hausmann

The Client has a period of 30 days to complete the transfer.

If the Customer refuses to pay the commission or fails to pay the commission within the specified timeframe, legal proceedings will be initiated against them. Because Indemniflight has initiated the compensation procedure, Indemniflight will have the exclusive right to the built-in commission from the date the airline has paid the compensation.

Article 3 – Rights and obligations

3.1 Customer Rights

The Customer has the right to correct the information and data provided by the Customer, provided that it does not violate its obligations regarding information and authenticity. The Customer has the right to keep track of the progress of their file. Indemniflight undertakes to inform Customer of the progress of its case, including the acceptance or rejection of compensation and the various stages of the procedure. The Customer shall have the right to terminate, terminate and resign in connection with the agency contract.

3.2 Customer Obligations

Customer must ensure the accuracy and veracity of the data provided to Indemniflight. It is Customer’s responsibility to inform Indemniflight of any change in its situation, including its relationship with the airline and changes in its personal circumstances, related to the same facts before and during the compensation procedure, which necessarily affects the further course of the procedure.

Unreasonable omissions of information from the Customer within a reasonable time from the commencement of the compensation procedure (in particular regarding third party relationships, other ongoing proceedings, or information required for litigation) shall result in the archiving of the file as soon as Indemniflight has complied their obligations to the Customer under these Terms.

The transmission of false information, without prejudice to the right to indemnify Indemniflight for direct or indirect damages, shall result in the archiving of the file as soon as Indemniflight has fulfilled its obligations to the Customer under these Terms.

The Customer shall bear all penalties for misuse of the procedure and agree to pay to Indemniflight the costs of the proceedings incurred in advance of the legal proceedings and which have been advanced.

Customer agrees to accept the legal services selected by Indemniflight. They agree not to assign any other person to the same claims for damages during the compensation procedure.

The Customer is solely responsible for the use of the service and for the data provided. They agree to ensure that their rights and data comply with the law and third-party rights.

Customer is prohibited from using the services of Indemniflight for unlawful purposes other than those stated. Indemniflight shall not be liable for any misuse of the Service or for any data provided by Customer.

Where applicable, Indemniflight reserves the right to terminate the contract with immediate and full effect, without prejudice to any right to compensation for direct or indirect damages suffered by Indemniflight.

Customer undertakes to pay a commission equal to 30% of any compensation provided by Indemniflight. Otherwise, Indemniflight reserves the right to seek legal redress and bring legal proceedings against the Customer. Customer shall not disclose any information related to the provision of the service, given that the information is confidential and is a business secret.

3.3 Rights of Indemniflight

Indemniflight reserves the right to examine a file, to determine whether the file meets the criteria for compensation set out in Regulation (EC) No 261/2004 and to determine whether the file is eligible in the light of the European Regulation.

Otherwise, if the file is ineligible under Regulation (EC) No 261/2004, Indemniflight reserves the right not to validate the relevant file and to institute a compensation procedure. Indemniflight may also reserve the right to archive its claim for compensation.

A file can be archived in the following cases if:

• the Customer submits a claim for compensation but uploads two different files with the same infringement claim, the additional file is archived.
• the so-called file does not meet the legal requirements;
• extraordinary circumstances have occurred. The exceptional circumstances invoked by the airline must comply with recital 14 of the Regulation (EC) No 261/2004;
• no information has been disclosed. The archiving of the file is due to this omission. Archiving is preceded by a comprehensive summary emailed to the Customer notifying the Customer the lack of documentation relevant to the proper progress of their file
• The Customer submitted a reasoned and explicit request in accordance with Article XII of this Terms.

Indemniflight is legally entitled to a commission of 30% of the compensation received. This right will apply to any compensation paid directly by the airline to the Customer’s account. The Customer shall pay 30% of the total compensation to the Indemniflight’s bank account. This 30% correspond to the measures taken by Indemniflight to ensure the smooth progress of the file.

3.4 Obligations of Indemniflight

It is Indemniflight’s duty and obligation to comply with the rules governing the compensation procedures applicable to its customers.

Indemniflight commits itself to act lawfully when taking action in the event of cancellation, delay or overbooking of a flight.

Indemniflight considers it their duty to ensure perfect traceability, perfect knowledge of their file and commitment to achieving a simple purpose: to obtain compensation for the Customer. Indemniflight’s responsibility is to keep customers informed of any new information on their files. The Customer will be notified in each case if their file has entered a new phase.

Costs related to Customer’s ongoing file shall be borne by Indemniflight. As a result, the Customer does not have to pay any advance for the management of their file.

Article 4 – Withdrawal and termination of the contract

4.1 Right of withdrawal

Pursuant to Articles L 221-8 and L 221-5 of the Consumer Code, the Customer shall have the right of withdrawal.

The Customer has fourteen (14) days from the date of file validation and receipt of the signed order to enforce the right of withdrawal. If this time limit falls on a Saturday, Sunday or public holiday or other holiday, the time limit shall be extended to the first working day thereafter.

Customer shall notify Indemniflight in writing of its decision to withdraw. To do this, the form can be downloaded here.

The form must be sent by registered postal receipt to the following address:

7 Rue Paul Vaillant Couturier

92300 Levallois-Perret

France

4.2 Termination

Termination occurs when either party puts an end to the contract without it being breached. Termination shall have full effect and shall not be subject to any commission payment to Indemniflight.

The contract legally comes to an end in the following cases:

• If the positive right invoked by Indemniflight causes Customer’s loss of compensation rights;
• if the court of first instance gives unfavorable decisions;
• if the customer’s claim for compensation expires;
• If the airline goes bankrupt, Indemniflight can terminate the contract with full effect upon request;
• in the event of the insolvency, bankruptcy or liquidation of Indemniflight or the airline, if, from the date of the judgment opening the proceedings, the agent in charge of further performance of the contract fails to make payment within one month of receipt of the notice;
• In the event of Customer’s death, legal successors may terminate the contract.

The termination form can be downloaded here.

The form must be sent by registered postal receipt to the following address:

7 Rue Paul Vaillant Couturier

92300 Levallois-Perret

France

4.3 Cancellation

Indemniflight reserves the right to cancel the contract, in whole or in part, due to a failure by the Contractor to carry out any material obligation, term or condition of the Contract. Indemniflight shall issue written notice to the Contractor of the intent to cancel the Contract for acting or failing to act.

Canceling a contract with Indemniflight can result in cancellation fees :

During the litigation phase, Customer undertakes to pay Indemniflight 40% of the compensation provided for in the agency agreement for damages without reason.

The increase in the amount of commission due to Indemniflight is justified by the progress of the proceedings. Because Indemniflight has advanced the costs of the procedure and laywers’ fees in order to obtain redress for the Customer, a cancellation without a valid reason constitutes an unreasonable loss.

Article 5 – Liability

Indemniflight undertakes to exercise due diligence in carrying out the tasks entrusted to it and to comply with the GTC.

Indemniflight assumes no responsibility for improper use of the Services by the Customer, theft or unauthorized access to their Login Information, or any malfunction of the Transmission Network Operators, Access Providers, or any third party act, or as a result of an event beyond the control of the Indemniflight Company, as set out in European Common Law.

Indemniflight may unilaterally and promptly archive any Customer’s file, claiming full compensation for any loss of profit.

Indemniflight cannot be held liable for any failure of this process. Indemniflight will notify the Client of the failure of the proceeding and terminate the Contract, subject to any amounts due from one of the parties to the assignment agreement to the other party.

The information provided by Indemniflight does not constitute legal advice and does not replace the advice of any legal practitioner.

Indemniflight cannot be held responsible for any data provided by the customer that is lost, unavailable or cannot be recovered due to events beyond the control of the company and beyond its control.

Indemniflight will not be held liable for any indirect damages, total loss, even if Indemniflight was notified of such damages.

Article 6 – Force majeure

Indemniflight shall not be held liable if, due to “extraordinary circumstances”, the airline is released from liability. Similarly, under Article 1218 of the Civil Code, Indemniflight cannot be held liable if the delay or inadequate performance is due to force majeure.

The definition of ” extraordinary circumstances ” and the nature of force majeure is, on a case-by-case basis, based on the judge’s sovereign judgment.

Article 7 – Intellectual property

The content, logo, image or trademark appearing on the Indemniflight website are the sole property of the company. Reproduction in whole or partially is strictly prohibited and is a punishable offense.

They may not copy or use exchanged messages or documents without the express permission of Indemniflight.

Article 8 – Protection of personal data

All data transmitted by Indemniflight is stored in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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).

By providing their personal information, Customer agrees that Indemniflight will use it within the framework of this agreement.

In addition, by accepting the General Terms and Conditions, the Customer agrees that Indemniflight uses its personal data to contact the Customer by email, SMS, mail, telephone, etc. The exchange of information between Indemniflight and the Customer is necessary for the execution of the contract between them.

Personal information provided voluntarily and not essential to the proper performance of this Agreement may be withdrawn by Customer at any time by email to dpo@indemniflight.com.

To learn more about Indemniflight’s privacy policy and contact details, click on the link

HERE

Article 9 – Disputes

In the event of any dispute arising out of or in connection with the performance of the Contract or the interpretation of the General Terms and Conditions, the Customer undertakes to attempt first to resolve the dispute amicably through Customer Service or Indemniflight’s Legal Department.

Pursuant to Articles L.611 – L.616 and R.612 – R.616 of the French Consumer Code, any consumer dispute may be the subject of a friendly mediation within the framework of the MCP – Mediation de la Consommation & Patrimoine.

Disputes involving a claim which is manifestly unfounded or abusive, or which have been previously investigated, or are being investigated by another mediator or a court, or where the consumer submits a written complaint to Indemniflight after more than a year, cannot be investigated with the assistance of a mediator. Or if the dispute does not fall within the competence of the mediator, or if the consumer does not prove that he or she has already tried to resolve the dispute directly with Indemniflight through a previous complaint written in accordance with the contractual modalities.

To submit the dispute to a mediator, they may submit a mediation request (i) at www.mcpmediation.org, or (ii) by sending a simple or registered letter to Médiation de la Consommation & Patrimoine 12, square Desnouettes, 75015, Paris.

Whichever method they choose to use the mediator for quick processing the request must include their mailing address, e-mail address and telephone number, the full name and address of Indemniflight, a concise summary of the facts and justification of the action taken in advance against Indemniflight.

All disputes concerning the performance of the contract and the interpretation of the General Terms and Conditions shall be governed by French law. In the absence of an amicable settlement or mediation, the dispute shall be submitted to the Tribunal d’Instance d’Asnières-sur-Seine.

Updated on 25 september 2019.