1. Object of Agreement
SkyClaim takes care of the purely performance-based enforcement of your rights to compensation payment that airlines might owe you on the basis of the EU Regulation 261/2004 and IL Aviation Services Law 5772/2012 on air passenger rights (hereinafter also referred to as “claims” or “compensation”) in accordance with the following provisions. There may be other claims for compensation, such as for damages.
SkyClaim will exact compensation from airlines out of court and obtain information required for this purpose (also from the airline). If the efforts of Sky Claim are not sufficient, in case of appropriate chances of success we may appoint a contract lawyer (hereinafter also referred to as “appointed lawyer”) in order to legally recover compensation. You will not be liable to any legal costs other than the said commission when the compensation is recovered.
The data requested in claim form and power of attorney should be submitted correctly and should be amended immediately if the data provided changes after registration. This applies in particular to flight details, address, phone number and e-mail address.
The contract with us terminates when the claim is settled or when Sky Claim determines the recovery as pointless after due assessment, and when you are informed about it in writing or in text form.
Sky Claim reserves the right to terminate the contract if you violate the duties and obligations defined in section 5.
3. Payment and Commission
We receive a commission in the amount of the agreed percentage of the enforced amount (hereinafter also referred to as “success-based commission”). Basis for calculating the success-based commission is all that what has been fulfilled by the airline after our request of payment has been sent. Insofar as you agree to receive the compensation in kind (e.g. flight vouchers) instead of cash, we are entitled to a success-based commission in cash based on the value of the benefit in kind, unless we agree otherwise. The entitlement to the success-based commission shall also apply if the payment/benefit in kind has been provided directly to you.
Should only a part of the compensation amount, claimed by us initially, be enforced, we calculate the success-based commission only out of the partial amount enforced. The same applies to the conclusion of the settlement pursuant to section 7.
If our enforcement efforts do not succeed, there are no costs for you. This also applies, if legal services are employed to enforce compensation.
Our commission fee structure, unless otherwise agreed upon, will be a flat commission of 40% for EU 261/2004 and 50% for Aviation Services Law 2012 related claims, and only deducted if the claim shall be successful.
We are entitled to deduct the success-based commission directly from the incoming amounts. Under the mandate conditions, the contract lawyers are entitled to pay out the enforced amounts to us for the purpose of the settlement with you.
Once we receive the necessary billing documents, we are obliged to prepare final accounts and pay out money to you.
You must give us details of a bank account to which we can make a transfer. If we send you money intended for your fellow travellers, you have to forward it proportionately to them.
Foreign exchange and transfer fees will apply.
5. Your Obligations
You help us in carrying out our contractual obligations. You let us know about the underlying facts to the best of your knowledge. You provide us with documents/data (in particular boarding passes, flight records as well as correspondence with the airline) required for the process and pass new information immediately to us. You are responsible for completeness and accuracy of the documents/data. You agree to provide us with supplementary information promptly upon request if the circumstances require.
You are obliged to inform us immediately if you (and/or your fellow travellers) receive benefits from the airline or if the airline contacts you.
For the duration of our compensation enforcement contract, you are not allowed to engage any other service providers or agencies to act in your interest. You are allowed neither to initiate any legal action on your own nor to dispose the claim
6. Commissioning third parties and lawyers
As a recovery service provider we are not allowed to represent you in courts. If our out-of-court efforts to recover compensation fail or succeed partially, we may hire a contract lawyer to pursue the claim further should we feel that there is a high probability of success. We reserve the right to limit our legal costs.
You give us permission to assign a third party or lawyer to assist us in the claim submission. You will not be liable for any third party costs unless the claim is successful where we may deduct the additional cost of the third party from the compensation received
7. Agency and Partnerships
Travel agents, businesses and individuals that sign up for our partnership program agree to promote and provide accurate information to clients about our offering. We reserve the right to accept or decline an application.
Partners will receive a success-based commission to the sum of ZAR 500 / $35 for every successful claim. An unsuccessful claim will not be entitled to any benefit.
We will do our best to ensure that referrals and commission owing is recorded however the onus is on the partner to keep record of referrals and to ensure that the client use the personal agency/partner reference which will be sent to the partner upon approval.
SkyClaim Services (Pty) Ltd reserves the right to change the commission structure. A change will not affect open claims.
8. Final Provisions
The law of the Republic of South Africa as well as EU, Israeli and British Law applies. If you submitted your order as a consumer and at the time of your order you resided in another country, the application of mandatory legal provisions of this country is not affected by the choice of law.