Terms & Conditions

At Claims File, we’re delighted to have you visit our website and are grateful that you’ve selected our services. Kindly review the Terms and Conditions provided below to familiarize yourself with the guidelines governing our partnership with you.

I. Definitions

“Agreement” refers to a contract between the Client and Claims File, which is established upon the acceptance of the Terms and Conditions or signing of the Authorization Form, whichever occurs first.

“Airline” refers to the airline accountable for the Flight Disruption encountered by the Client.

“Claim Amount” is the total money Claims File will ask the Airline to pay as Compensation.

“Claim” refers to any request made by Claims File on behalf of the Client to the Airline, aiming to uphold the Client’s rights to Compensation as a passenger.

 “Claiming Process” refers to the procedure for seeking Compensation from an Airline. It commences upon entering into an Agreement and concludes when the Client receives Compensation through Claims File or directly from the Airline, or when Claims File informs the Client that it will no longer pursue the Claim.

“Client” refers to an individual who has engaged in an Agreement with Claims File.”

“Compensation” denotes any amount owed to the Client, encompassing compensation for Flight Disruption or reimbursement of flight tickets under any legal framework governing air passenger rights, such as Regulation (EC) No. 261/2004.

“Flight Disruption” refers to any of the following events experienced by the Client: lengthy delay, cancellation, denied boarding, and/or downgrade. The Client enters into an Agreement with Claims File to assert their right to Compensation in response to such disruptions.

“Legal Action” involves commencing court proceedings against the Airline.

“Authorization Form” is a written document granting Claims File permission to pursue the Claim. Both parties acknowledge that the legal significance of an electronically signed Authorization Form is equal to that of a handwritten signature.

II. The Agreement

  1. The Terms and Conditions create an Agreement.
  2. By entering into an Agreement, the Client acknowledges that he/she has the legal capacity to enter into the Agreement.
  3. By entering into an Agreement, the Client acknowledges that he/she has not authorized any third parties to uphold his/her passenger rights against the Airline. The Client warrants that no legal dispute is pending against the Airline with regards to the Flight Disruption. Any existing third party engagements must be cancelled immediately prior to entering into an Agreement.
  4. The Client warrants that all information and documentation (including information related to additional passengers) he/she provides Claims File with is accurate and exhaustive. Claims File shall not be held liable for any consequences stemming from inaccurate and incomplete information that in any way hamper the Client’s right to Compensation or limit the size of the Compensation.
  5. The Client warrants that if he/she provides Claims File with information about additional passengers, he/she has their consent.
  6. If the Client provides Claims File with information about additional passengers that are children, the Client warrants that he/she is acting within his/her legal capacity to do so.
  7. After entering into an Agreement, the Client warrants that he/she shall notify Claims File should his/her contact details or any personal information essential to the Claim changes.
  8. After entering into an Agreement, the Client warrants that he/she shall notify Claims File of any correspondence, past and present and future, kept with the Airline concerning the Flight Disruption.
  9. After entering into an Agreement, the Client must notify Claims File immediately if the Airline attempts to contact him/her and send to Claims File any related correspondence.
  10. After entering into an Agreement and receiving all the necessary documentation and information from the Client, Claims File will make reasonable efforts to collect the Compensation.
  11. After entering into an Agreement, Claims File can refuse to pursue a Client’s Claim without any reason, but will notify the Client of its refusal within a reasonable time period (Please see Article 12, Section III “Our Services” on the method of notifying Clients that have entered into an Agreement after being included in the additional passengers list).
  12. After entering into an Agreement, the Client warrants that he/she will not attempt to contact the Airline in any way with regards to the Flight Disruption. The Client is not to attempt to collect the Compensation on their own behalf or engage a third party to do so for the duration of the Claiming Process. Claims File shall not be held liable for any consequence stemming from a Client’s interaction with the Airline or any third party that in any way hampers the Client’s right to compensation or limits the size of the Compensation.
  13. If after entering into an Agreement, the Client receives any payment directly from the Airline related to the Flight Disruption, the Client must notify Claims File within the time period specified in Article 7, Section IV “Fees for Services and Payments”.
  14. The Client is not allowed in any case to terminate the Agreement unilaterally, unless under the statutory provision that entitles the Client in his/her capacity as a consumer to withdraw from the Agreement within a 14-day term from the conclusion date of the Agreement without giving any reasons. In that case no damages, penalties or other costs shall be due.
  15. To the extent not prohibited by law, in no event shall Claims File be liable for any special, incidental, indirect or consequential damages whatsoever, including but not limited to damages for loss of profits, loss of data, business interruption or any other commercial damages or losses.
  16. Claims File will not be bound to fulfill any obligations towards the Client in a situation of force majeure. Claims File shall suspend its commitments to the Client for the duration of the force majeure.
  17. The Agreement comes to an end when:
    1. the Compensation has been paid out by the Airline to Claims File and Claims File has transferred the agreed part of the Compensation pursuant to the methods specified in the Terms and Conditions to the Client.
    2. the Compensation has been paid out by the Airline directly to the Client and the Client has transferred the agreed part of the Compensation to Claims File.
    3. Claims File has notified the Client that it refuses to pursue the Client’s Claim any further.
    4. The Client has exercised his/her rights under Article 14, Section II “The Agreement”.

III. Our Services

  1. Claims File helps Clients uphold their right to Compensation from an Airline.
  2. Claims File performs a preliminary assessment of a Client’s prospect of receiving Compensation from an Airline.
  3. After receiving authorization from the Client to proceed with a Claim and acquiring all required documentation and information, Claims File will engage with the Airline to secure Compensation.
  4. The Client understands that Claims File defines Compensation solely as a monetary amount. Claims File will not consider offers of services, such as travel vouchers or airline miles, or any other non-monetary forms of compensation provided by the Airline in response to a Claim as Compensation. Any non-monetary offer from the Airline will be considered a refusal by the Airline to provide Compensation.
  5. If the Airline declines to provide Compensation and Claims File determines that the Airline lacks a legal justification for this refusal, Claims File will pursue actions including, but not limited to, escalating the case to a dispute resolution entity or an appropriate administrative authority.
  6. If the Airline continues to reject providing Compensation despite Claims File’s conviction that such refusal is unjustifiable, Claims File reserves the right to initiate Legal Proceedings against the Airline. Prior to taking such action, Claims File will inform the Client via email and may request a separate written authorization from them.
  7. Filing a complaint with a dispute resolution entity, an administrative body, or initiating Legal Proceedings could be subject to a statute of limitations. Claims File assumes no responsibility for any losses resulting from the expiration of such a limitation period.
  8. If the Airline provides Compensation to Claims File , Claims File will promptly transfer the agreed portion of the Compensation to the Client through the methods outlined in the “Fees for Services and Payments” section, without undue delay.
  9. If a Client has entered into an Agreement after being listed as an additional passenger, Claims File will transfer the agreed portion of the Compensation to the account holder who included the Client in the additional passenger list.
  10. The Client understands that Claims File may seek a higher sum than what the Airline offers as Compensation, leveraging the expertise and experience of its legal professionals. If Claims File pursues this course of action, the Airline’s inadequate offer will be considered a refusal by the Airline to provide Compensation.
  11. If Claims File finds that the Claim isn’t valid anymore, they’ll let the Client know they won’t continue with it.
  12. Any Client that has entered into an Agreement after being included in the additional passenger list shall be deemed to have been notified if notice has been given to the account holder who included the Client in the additional passenger list.

IV. Miscellaneous Provisions

  1. If any part of the Terms and Conditions is deemed unenforceable, it will be removed from the Terms and Conditions without impacting the validity and enforceability of the remaining parts.
  2. Individuals who utilize Claims File’s services concerning a contract between Claims File and a third party may be subject to distinct terms and conditions.
  3. Claims File may transfer any rights and obligations related to a Claim to third parties.
  4. Claims File retains the right to revise the Terms and Conditions by publishing the updated version on this platform. Unless expressly stated otherwise, the revised Terms and Conditions take effect on the day of their publication on Claims File’s website. It is the Client’s responsibility to regularly review and acquaint themselves with any updates to the Terms and Conditions when visiting Claims File’s website.
  5. If Claims File does not enforce or exercise any rights specified in the Terms and Conditions, this does not imply a waiver of those rights. Any waiver of rights by Claims File is only valid if it is in written form and signed by Claims File.
  6. Claims File’s Privacy Policy is incorporated into the Terms and Conditions. By entering into an Agreement, the Client is considered to have been informed of and agreed to the Privacy Policy.
  7. Claims File’s Cookies Policy forms an integral part of the Terms and Conditions. Upon entering into an Agreement, the Client is understood to have been informed of and agreed to the Cookies Policy.
  8. The Client unequivocally consents to Claims File for the Processing of Personal Data, including but not limited to name, national identification number, date of birth, nationality, gender, address, place and country of residence, passport details, flight details, banking details, and email, provided either directly by the Client or by the individual who has listed them as an additional passenger.
  9. If a Client includes Personal Data of children in the additional passengers list, the Client affirms that they have obtained consent from the child’s parent or legal guardian, or they themselves are the parent or legal guardian of the child.