YOUR CLAIM IS for:
- A delayed flight
- A cancelled flight
- Denial of boarding
- A missed connection
Hereinafter referred to as “YOUR CLAIMS” and it includes all your contractual rights to compensation under your contract of travel including re-payment of cancelled flights and any flight which you were denied boarding plus any out of pocket expenditure for travel , subsistence and associated costs.
What these terms cover. These are the terms and conditions on which we will conduct your claim for compensation for your delayed flight
Why you should read them. Please read these terms carefully before you submit your claim to us. These terms will tell you who we are, how we will collect the compensation for your delayed flight, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Flight Delay Pay whose principal is Paul Davidson. Our address is Flight Delay Pay, Flight Delay Pay House 15 New Place Gardens Lingfield RH7 6JD.
How to contact us. You can contact us by telephoning our customer service team on the number shown on the website or by writing to us at our e-mail address or the above address.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your instructions.
PAYMENTS FOR OUR SERVICES
To conduct your claim we charge you 25% plus £25 per passenger.
NO WIN NO FEE
We only charge a fee if we are successful in recovering your compensation
WE PAY THE SOLICITOR
If you have to issue proceedings we pay the solicitor’s costs and disbursements. This means that you have no liability to pay anything.
INDEMNITY AGAINST COSTS
In the unlikely event of the court awarding costs to the other party we will pay these costs. This is extremely unlikely as we nearly always issue claims (below£10,000) in the County Court where there is a no costs rule. This means whether you win or lose the costs of the case are not recoverable from you opponent. A small number of claims need to be issued under the European Small Claim Procedure where necessarily incurred costs are recoverable.
OUR CONTRACT WITH YOU How we will either purchase your claim or act as your Agent for your claim. When you notify us by completing the information requested on our website and clicking the agree terms and conditions box or in writing or by telephone you offer to sell us your claim or appoint us as your Agent in respect of YOUR CLAIM ”.
We operate in a number of different legal jurisdictions most of which recognise the legality of you selling your claim to us by way of Assignment and we agreeing to pay you the purchase price of 75% less the £25 payable as to 25% within 60days and the balance in 90 days or upon the settlement of the claim whichever is sooner (save if the Airline disputes the claim or fails to respond , payment will only be made upon settlement). However some jurisdictions do not recognise Assignment most notably Ireland which is the exclusive jurisdiction for any proceedings involving Ryanair. We will ask you to either Assign your claim to us or appoint us as your agent to act in respect of your claim. Where Assignment is valid we will purchase your claim where it is not we will act as your agent.
LETTER OF CONSENT
By our Letter of Consent you appoint Paul Davidson principal of Flight Delay Pay to:
- Pursue Your Claim against the airline
- To raise demand letters including legal letters before action stating your claim.
- To enter into correspondence and dialogue with the airline to reach a settlement of your claim
- You authorise Paul Davidson as principal of Flight Delay Pay to assess the merits of Your Claim and settle Your Claim on the best terms in his absolute discretion are most desirable.
- Should he not be able to achieve a satisfactory settlement of your claim he is authorised to send all relevant papers and a set of instructions to Nigel Davidson Solicitor and Partner of PDT Solicitors Horsham. Further by our Letter Of Consent you appoint Nigel Davidson Solicitor and Partner in the firm of PDT Solicitors of 36-48 Queen Street Horsham West Sussex RH13 5AD ( email firstname.lastname@example.org) (tel 01403 831202) to act as your Legal Agent to conduct any necessary litigation on your behalf
- You authorise Paul Davidson principal of Flight Delay Pay to receive your compensation deduct his fee and account to you.
You offer to Assign your claim/appoint us as your Agent in different ways:
First by ticking the box our website when submitting your claim and we accepting either your offer to sell your claim or appoint us as your Agent whichever is appropriate.
Secondly we will email you our Assignment or a Letter of Consent under which the agency arises which we will ask you to agree to by typing your name at the bottom of an e-mail in reply in which you confirm your agreement
Thirdly, we will send you either by e-mail or post the Assignment or Letter of Consent and ask you to print this and to add your signature in ink by manuscript and to return it to us by post. We will only do this if Your Claim is being heard in a Court of Law and our reason for doing so is that your wet signature is the best evidence of your agreement to the Assignment or Letter of Consent and readily recognised by a Judge who may not be familiar with electronic signatures.
There exists European Directives and UK legislation to facilitate the use of electronic signatures and to ensure their legal recognition and eligibility across the European Union. In July 2016 the Electronic Identification and Trust Services Regulation (EU/910/2014) (eIDAS Regulation) introduced a new definition of electronic signature as “any data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign“. It allows an electronic signature to take a wide variety of forms. Such as
- Typing the signatory’s name at the bottom of an e-mail.
- A scanned manuscript signature
- Clicking an icon on a website.
Article 25(i) of the eIDAS Regulation preserves the legal admissibility of the above style of electronic signature which it is said shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form. Although the eIDAS Regulation has direct effect in the United Kingdom, the UK has also passed the Electronic Identification and Trust Services for Electronic Transactions Regulations 2016 which came into force on 22nd July 2016.
Use of Electronic Signatures
We use electronic signatures in our dealings with you. When you click on our website to submit Your Claim this acts as an electronic signature by you to our terms and conditions. When we send you by e-mail a document either Assignment or the Letter of Consent your reply by e-mail in which you physically type your name be it your full name or initials or just your Christian name to confirm your agreement to the Assignment or Letter of Consent will operate as your electronic signature. Simply replying from your e-mail address will not operate as your electronic signature you must indicate your agreement by physically typing your name at the bottom of the reply. When we send you the Assignment or Letter of Consent document by e-mail we will include Guidance Notes on how to effectively reply and give a valid electronic signature.
Airlines are reluctant to settle claims and it is often necessary to take legal action. Clearly this will only happen if Your Claim is disputed. Flight Delay Pay will meet the costs of court fees and solicitors charges. As the claim will be issued as a Small Claim in the county court there is a no costs rule. In certain circumstances of poor conduct a cost order may be made and in this event Flight Delay Pay will indemnify you against such orders. Our specialist team and their retained solicitors are expert in this area of law and will only action a claim if they are confident of winning. Upon settlement of a successful claim we will keep any interest received in addition to your claim to pay towards the extra costs of using solicitors to raise the claim and run the case.
Notification to the airline. Immediately following notification of Your Claim we will contact the relevant airline giving them notification that Your Claim is being handled by us.
Collection of Your Claim. We shall enforce payment of and collect Your Claim We may recommend that you start, carry on, defend or compromise proceedings in respect of Your Claim, always trying to maximise reasonable recovery.
Co-operation to collect Your Claim. You will at your own expense co-operate with us in any enforcement collection or proceedings in respect of Your Claim including the production of such documents including boarding passes, flight records and correspondence with the airline and the giving of such evidence as may be necessary for such enforcement or collection or proceedings.
Not to seek compensation yourself. You will not, so long as we own your claim by assignment or we are your agent collect Your Claim or attempt to collect Your Claim yourself.
Account for benefits/compensation received. You will deliver promptly upon receipt all compensation or benefit tendered to you by the airline whilst we are the owner of your claim or Agent for the collection of Your Claim.
Our solicitors work for us on a fee sharing basis so that they are only paid if we are successful this is known as “No Win No Fee”. Solicitors have a lien on the fruits of litigation both recovered and preserved which has come about through their unpaid work. This arises under common law and under section 73 of the Solicitors Act 1974. Neither you or us may interfere with that lien. Once solicitors are instructed we acknowledge their lien and allow all funds to come through their hands unless they expressly allow otherwise. Should anyone seek to defeat this lien be it you or the Airline by paying compensation directly to you solicitors will seek a declaration that their unpaid work be paid by those with notice of the lien and who have taken steps to thwart it. You or the Airline will be ordered by the court to pay the solicitor what is due to them. Avoid this by:
- Refusing to accept payment direct from the Airline.
- Forwarding to us immediately the identical sums paid to you by the airline.
- If you are in doubt as to what to do contact us immediately and follow our instructions.
Your warranties and undertaking in respect of Your Claim
By notifying us of Your Claim you warrant and undertake in respect of that claim that:
The information contained in the notification is true and that you have been delayed for the period set out therein.
You are the passenger and ticket holder of the relevant delayed flight.
You have performed all your obligations to the airline and the airline has delayed or cancelled your flight and should accept Your Claim.
No other person or entity has any right or interest in Your Claim.
Prompt Expert Recovery
We will act quickly using our skill and expertise to negotiate a settlement of your claim. We may recommend that you instruct solicitors to assist and in appropriate circumstances issue a Court claim.
No win no fee. If we do not recover anything for Your Claim, we will not charge you. “Win” means you are awarded or the airline agrees to pay at least some of your damages or compensation for Your Claim. “Lose” means we recover nothing for Your Claim.
Information given on this website is for general information only and should not be relied upon, we exclude all liability for inaccuracy, error or omission contained in this website. Its contents are believed to be correct according to our opinion concerning the state of the law. In giving information in this website assumptions or generalisation may have been made and consumers should refer to detailed European Regulations for definitive information. Furthermore, Regulations, rules and law have been amended at dates in the past and may be amended in the future and such changes may affect the law applicable to any particular case dependent on when the cause of action occurred, or the proceedings issued. Due to the international nature of air travel and in particular domicile & residence of each airline and Claimant, there may be questions of applicable law and jurisdiction to consider in individual cases.
Family and Friends If other people are travelling with you, we will ask you if each of those persons would also like to make a claim through Flight Delay Pay, you should only answer “Yes” to this question if the person concerned has consented to us contacting them about making a claim.
Euros Compensation in many types of flight dispute cases is valued in Euros. The rate applicable to any individual claim may vary according to a number of factors and how those factors are applied (if at all) may vary from case to case but which include: the exchange rate applicable on the date of the flight in question, the exchange rate applicable on the date any court proceedings are issued, the exchange rate applicable on the date of payment or settlement is agreed or made, the attitude of the individual judges as to the appropriate reference date for ascertaining the applicable exchange rate, the extent to which individual airlines seek to take issue in relation to questions of applicable exchange rate and/or currency in which the settlement is to be paid. Different exchange rates may be applied to compensation awards for passengers on the same affected flight. The exact calculation of compensation due in respect of any individual claim is determined according to the provision of the Regulation (EC 261/2004) including that in a small number of circumstances the airline will be entitled to apply a 50% discount.
Exercising your right to change your mind (Consumer Contract Regulations 2013).
You have a legal right to change your mind within 14 days. These rights are under Consumer Contract Regulations 2013.
How long do I have to change my mind? You have 14 days after the day you first notify us of your claim. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the collection services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
Ending the Agency/ Reassigning Your Claim. If we have been unsuccessful in collecting Your Claim and have formed a view that Your Claim has no realistic prospect of success, we will notify you. Where Your Claim has been Assigned we will Re-Assign it back to you and inform the Airline if appropriate.
PAYMENT TO YOU
We will pay you by cheque or bank transfer – you shall pay any transaction fees.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to us:
To handle Your Claim
To make payment to you
To give you information about our service however, you may stop receiving this at any time by contacting us
OTHER IMPORTANT TERMS
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce the terms.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English Law and you can only bring proceedings in English Courts.
If at any time AFTER THER COOLING OFF PERIOD you wish to withdraw your claim there will be due a charge of £75.00 per claimant.
You agree not to contact the airline and all correspondence with the airline will be via Flightdelaypay.com
Data Protection Legislation: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation (EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
- DATA PROTECTION
- Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
- The parties acknowledge that for the purposes of the Data Protection Legislation, Flight Delay Pay is the data controller and the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). Schedule A sets out the scope, nature and purpose of processing by Flight Delay Pay, the duration of the processing and the types of personal data (as defined in the Data Protection Legislation, Personal Data) and categories of Data Subject.
- Without prejudice to the generality of clause 1.1, the Passenger and in particular a Lead Passenger will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to Flight Delay Pay for the duration and purposes of this agreement.
- Without prejudice to the generality of clause 1.1, Flight Delay Pay shall, in relation to any Personal Data processed in connection with the performance by Flight Delay Pay of its obligations under this agreement:
- process that Personal Data only on the written instructions of the Passenger unless Flight Delay Pay is required the laws of any member of the European Union or by the laws of the European Union applicable to Flight Delay Pay to process Personal Data (Applicable Laws). Where Flight Delay Pay is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, Flight Delay Pay shall promptly notify the Passenger of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit Flight Delay Pay from so notifying the Customer;
- ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Passenger, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
- ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
- not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Passenger has been obtained and the following conditions are fulfilled:
- the Passenger or Flight Delay Pay has provided appropriate safeguards in relation to the transfer;
- the data subject has enforceable rights and effective legal remedies;
- Flight Delay Pay complies with its obligations under the Data Protection Legislation by providing an adequate level of protection of the Personal Data that is transferred; and
- Flight Delay Pay complies with reasonable instructions notified to it in advance by the Passenger with respect of the processing of the Personal Data;
- assist the Passenger, at the Passenger’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
- notify the Passenger without undue delay on becoming aware of a Personal Data breach;
- at the written direction of the Passenger, delete or return Personal Data and copies thereof to the Passenger on termination of the agreement unless required by Applicable Law to store the Personal Data; and
- maintain complete and accurate records and information to demonstrate its compliance with this clause (and allow for audits by the Passenger or the Passenger’s designated auditor).
- The Passenger consents to Flight Delay Pay appointing Nigel Davidson, solicitor of PDT Solicitors as a third-party processor of Personal Data under this agreement. Flight Delay Pay confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this clause. As between the Passenger and Flight Delay Pay, Flight Delay Pay shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause.
- Either party may, or at any time on not less than 30 days’ notice, revise this clause by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).
THE SCHEDULE A
PROCESSING, PERSONAL DATA AND DATA SUBJECTS
- PROCESSING BY FLIGHT DELAY PAY
- The data provided in the Passenger’s name and address, flight number, date of flight, airline travelled in, departure and arrival airports, reason for delay , names of additional passengers travelling in their party and bank account details if the claim is successful.
- The data is needed to make a claim under EC Regulation 261
- PURPOSE OF PROCESSING. The data is processed to write letters of claim through PDT Solicitors and issue either a County Court Small Claim or a European Small Claim.
- DURATION OF THE PROCESSING. The duration of processing is 3 years to allow for a full hearing and the conclusion of any appeal.
- TYPES OF PERSONAL DATA
The type of data is set out under 1.1 Scope above
- CATEGORIES OF DATA SUBJECT
The data subjects are all passengers travelling on delayed or cancelled flights or have been denied boarding.
Terms and Conditions used by our Panel Solicitors
PDT SOLICITORS LLP
TERMS OF BUSINESS
FLIGHT DELAY CLAIMS DEPARTMENT
Your EC Regulation 261/2004 compensation claim through Flight Delay Pay
This document is intended to give you some general information regarding our firm and to explain to you our terms of business and the standards you can expect from us in dealing with your matter.
PDT Solicitors LLP trading as “PDT Solicitors” of Premier House, 26-48 Queen Street, Horsham, West Sussex RH13 5AD (the Firm) are working in conjunction with Flight Delay Pay on their legal claims for flight delay compensation under EC Regulation 261/2004. We may be passed all the details of your file to date with Flight Delay Pay and instructed by them to further pursue your compensation claim through the legal procedure, in accordance with your agreement with them. We will continue to work alongside Flight Delay Pay in seeking to recover the compensation amounts for your claim.
It is a requirement that clients are given detailed information at the outset of a case regarding costs, procedure, and other important matters as follows:
Responsibility for Work
Your claim will be handled by our Civil Litigation Department, supervised by Nigel Davidson, the Senior Partner of the Firm, in conjunction with the Aviation Claims Team.
Following detailed consideration of your case by our Aviation Claims Team, we will send an initial 28 day legal letter requesting the compensation amount from the airline. Thereafter, if we have not received a response, or have received another negative response, from the airline, then we will review your claim as to whether your claim has reasonable prospects of success to commence legal proceedings. The issue fee incurred for this action will be payable by Flight Delay Pay. We will seek to recover the compensation amount due under EU Regulation 261/2004, any additional ancillary costs and Interest from the date of the delayed flight. Where mediation applies, we will represent your party, and will discuss any offer from the airline. You will be kept informed at each stage of the claim process by e-mail, or where necessary, telephone or letter. If your claim lacks reasonable prospects of success, i.e. below 51%, then we reserve the right not to take any further action on your claim, if this is to occur then we will inform you that we are unable to take any further action against the airline and will provide you with an explanation as to why this is the case. If you disagree with our decision and would like court proceedings to be commenced against our advice, we reserve the right to terminate this agreement, however we may continue to represent you on the basis that all court fees, disbursements and our fees will be funded by you. This option is available at our discretion alone.
PDT Solicitors operate a fee sharing agreement with Flight Delay Pay We understand that your agreement with Flight Delay Pay is that they act on a strictly ‘no win, no fee’ basis and that you have agreed, in the event of success, to pay them a proportion of the compensation amount recovered. We will also act for you on a ‘no win, no fee’ basis and upon success PDT Solicitors LLP will also retain, as fees, Court costs awarded.
Upon success, you will receive the full compensation amount originally claimed, less the contingency fee (plus VAT), that you agreed with Flight Delay Pay
In the ordinary course of matters you will have no liability for either our court costs or those of the airline. Our costs and disbursements are paid by Flight Delay Pay under our fee sharing agreement with them. Your claim will be issued as a Small Claim in the county court for which there is a no cost rule. In the unlikely event there is a costs order Flight Delay Pay will indemnify you against this.. If your claim is successful, the issue fee and fixed costs are recoverable then these will be used to repay the disbursement and towards our fees payable by Flight Delay Pay.
We have a lien under Common law and under Section 73 of the Solicitors Act 1974 for the value of our unpaid work which results in a payment from the Airline. Please do not seek to defeat that lien by any arrangement whereby payment is not made to us save with our written agreement. Where our lien is ignored the Passenger and Airline may be obligated to pay costs should we apply to the court as where the passenger is on notice through these terms and we have put the Airline on notice in our “Letter Before Action” and they have knowingly intended to defeat it the money recovered through our unpaid work will be reserved to pay our costs and where it cannot those who knowingly defeat our lien will be ordered to make good our loss by paying the value of unpaid work
Solicitors Code of Conduct
We comply with the Code. We would refer you to www.sra.org.uk where you can obtain a copy of the Code. If you require a hard copy please do not hesitate to request a copy from us.
Professional Indemnity Insurance
Our Professional Indemnity Insurance Certificate is available for inspection at our office. It is currently £15m.
We aim to offer all our clients an efficient and effective service. We value all instructions. However, should there be any aspect of our service with which you are unhappy, please contact Nigel Davidson, in writing to this office, or by e-mail to email@example.com. Your complaint will be handled promptly, fairly and effectively in accordance with our Complaints Procedure. If we are unable to resolve your complaint, you have the right to refer your complaint to the Legal Ombudsman, at PO Box 6806, Wolverhampton, WV1 9WJ, telephone number 0300 555 0333 to consider the complaint.
We confirm that we will deal with any information provided by you in accordance with the Data Protection legislation. As part of the regulation of the profession as a whole, there are times where we may be required to produce client files to assessors as part of an audit or quality check. In the event that you do not wish your file to be reviewed as part of this process, please confirm this in writing.
Storage of documents
Upon completion of your matter, we will place your file in electronic storage only for seven years after which time the electronic file will be destroyed. We will make no charge for the storing of your electronic file.
This agreement aims to set out some of the more important issues regarding the conduct of your matter and the way in which we charge. Should you have any further questions please do not hesitate to contact us on 01403 831202.