TERMS AND CONDITIONS
- YOUR CLAIM
- OUR RETAINER
- INFORMATION ABOUT US
- PAYMENT FOR OUR SERVICES
- NO WIN NO FEE
- INDEMNITY AGAINST COSTS
- YOUR LETTER OF AUTHORITY/INSTRUCTION
- HOW YOU MAY INSTRUCT US
- ELECTRONIC SIGNATURES
- USE OF ELECTRONIC SIGNATURES
- COURT ACTION
- NOT TO SEEK COMPENSATION YOURSELF AND THE ASSIGNMENT OF THE PROCEEDS OF YOUR CLAIM.
- AMOUNT OF BENEFITS/COMPENSATION YOU RECEIVE
- SOLICITOR’S LIEN
- YOUR WARRANTY TO US
- INFORMATION ON THIS WEBSITE
- FAMILY AND FRIENDS MAY ALSO CLAIM
- YOUR RIGHT TO CHANGE YOUR MIND
- PAYMENT TO YOU
- HOW WE USE YOUR DATA.
- DATA PROTECTION
- WHERE AN AIRLINE REQUIRES YOU MUST FIRST SUBMIT A CLAIM BEFORE WE MAY DO SO.
- YOUR ASSIGNMENT OF THE PROCEEDS OF YOUR CLAIM.
- OUR NO WIN NO FEE AGREEMENT KNOWN AS CONDITIONAL FEE AGREEMENT (“CFA”).
- OUR CLIENT CARE LETTER TO YOU
- TERMS OF BUSINESS
- DIVERSITY POLICY
- OTHER IMPORTANT TERMS
TERMS OF BUSINESS
- YOUR CLAIM IS for:
- A delayed flight
- A cancelled flight
- Denial of boarding
- A missed connection
1.2 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.
- OUR RETAINER
2.1 What these terms cover. These are the terms and conditions on which we will conduct your claim for compensation for your delayed flight
2.2 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
3.1 Who we are. We are Air Passenger Solicitors Limited ( “APSL “) We are Solicitors registered with the SRA under number 661781. Our address is Air Passenger House,Meadowview, Faygate Lane, Faygate, Horsham West Sussex RH12 4SJ.
3.2 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.
3.3 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
- INDEMNITY AGAINST COSTS
In the unlikely event of the court awarding costs to the other party we will pay these costs where we are on the court record unless the order is because you have failed to provide information or co-operate with us. 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 or by you from the Airline. A small number of claims need to be issued under the European Small Claim Procedure where necessarily incurred costs are recoverable.
- LETTER OF AUTHORITY / INSTRUCTION
By your Letter of Authority/Instruction you instruct APSL as your solicitor to:
- Pursue Your Claim against the airline
- To raise legal letters before action stating your claim.
- To enter into correspondence and dialogue with the airline to reach a settlement of your claim.
- To issue proceedings and conduct your case.
- HOW YOU MAY INSTRUCT US.
You appoint us as your Solicitor in different ways:
8.1. First by ticking the box our website when submitting your claim and we agreeing to act.
8.2. Secondly we will email you our Letter of Authority/Instruction 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
8.3. Thirdly, we will send you either by e-mail or post a Letter Authority/Instruction and ask you to print this and to add your manuscript ink signature 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 instructions and readily recognised by a Court and it saves court time having to deal with the e signatures rules.
- 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
10.1. 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. When we send you by e-mail a document our 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 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 document by e-mail we will include Guidance Notes on how to effectively reply and give a valid electronic signature.
- COURT ACTION
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. APSL will pay the court fees and issue the claim. As the claim will be issued as a Small Claim in the county court there is a no costs rule. Our specialist team and solicitor 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 conducting proceedings.
- Assignment of the proceeds of the Claim – Not to seek compensation yourself.
You will not, so long as we are acting for you collect Your Claim or attempt to collect Your Claim yourself. You will, in any event, have assigned to us all proceeds of your claim so that we alone can give the Airline a good and valid discharge. If our retainer is brought to an end and you have paid any administration charge we will re-assign to you the proceeds of your claim and will notify the Airline.
13. Account for benefits / compensation received. You will deliver promptly upon receipt all compensation or benefit tendered to you by the airline whilst we are instructed and until we re-assign the proceeds of your claim.
14. SOLICITOR’S LIEN
We are only paid if 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 the Airline may interfere with that lien. Once we are instructed you acknowledge our lien and allow all funds to come through our hands. Should anyone seek to defeat this lien be it you or the Airline by paying compensation directly to you we will seek a declaration that our 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 to us what is due. 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:
15.1 The information contained in the notification is true and that you have been delayed for the period set out therein.
15.2 You are the passenger and ticket holder of the relevant delayed flight.
15.3 You have performed all your obligations to the airline and the airline has delayed or cancelled your flight and should accept Your Claim.
15.4 No other person or entity has any right or interest in Your Claim.
- INFORMATION IN THIS WEBSITE
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 APSL, 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.
19 Exercising your right to change your mind (Consumer Contract Regulations 2013).
19.1 You have a legal right to change your mind within 14 days. These rights are under Consumer Contract Regulations 2013.
19.2 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.
20 . 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
- DATA PROTECTION
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.
22.1 Data Protection
22.2 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.
22.3 The parties acknowledge that for the purposes of the Data Protection Legislation, APSL 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 APSL, 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 APSL for the duration and purposes of this agreement.
- Without prejudice to the generality of clause 1.1, APSL shall, in relation to any Personal Data processed in connection with the performance by APSL of its obligations under this agreement:
- Process that Personal Data only on the written instructions of the Passenger unless (APSL is required the laws of any member of the European Union or by the laws of the European Union applicable to APSL to process Personal Data (Applicable Laws). Where APSL is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, APSL shall promptly notify the Passenger of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit APSL 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 APSL has provided appropriate safeguards in relation to the transfer;
- the data subject has enforceable rights and effective legal remedies;
- (APSL complies with its obligations under the Data Protection Legislation by
providing an adequate level of protection of the Personal Data that is transferred; and
- APSL 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 APSL agent or Barrister, appointed of our choosing as a third-party processor of Personal Data under this agreement. APSL 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 APSL, APSL 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 AIR PASSENGER SOLICITORS LIMITED ( “APSL”)
- The data provided is 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 and issue proceedings in 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.
- Where an Airline insist on the passenger first making a claim
23.1 Some Airlines require that you submit a claim directly to them and allow them 28 days to respond before engaging third parties such as ourselves. This in our view is delaying tactic but you must nevertheless comply. Some airlines include in their standard terms a provision in which you agree that they will not process claims submitted by ourselves and other third parties unless you have first submitted a claim yourself. In order to comply with this requirement you agree by clicking to submit your claim to us that the following letter will be dispatched by us for you by registered post to the airline.
Letter to Airline
|Lead Passenger Name and others
||«Passengers.First Name» «Passengers.Last Name»
| Flight No:
I am submitting my claim directly to you to allow you 28 days to respond. I believe I am entitled to compensation under regulation (EC) number 261/2004 in respect of the delay/cancellation of the above flight.
I have consulted with Air Passenger Solicitors Ltd ( their reference firstname.lastname@example.org) as I am permitted to do under our contract but have not instructed them to submit a claim at this time.
I have assigned to Air Passenger Solicitors Limited the proceeds of my claim under regulation (EC) number 261/2004 but not the right to litigate that claim. Payment must be made to my solicitors who alone can give a good and valid discharge. Payment must be made to:
Air Passenger Solicitors Limited
client account No: 4486 2101
Sort code: 09 01 29.
Reference Lead Passenger Name
Name of passenger
signed electronically Name of Lead Passenger Sent by post
24 YOUR ASSIGNMENT OF THE PROCEEDS OF YOUR CLAIM.
24.1 WHEN SUBMITTING YOUR CLAIM TO US YOU AGREE TO ASSIGN THE PROCEEDS OF YOUR CLAIM TO US UNDER THE AGREEMENT SET OUT BELOW;
ASSIGNMENT OF PROCEEDS OF A CLAIM TO COMPENSATION UNDER E C REGULATION 261
IN WHICH JUDGEMENT HAS NOT YET BEEN GIVEN
DATED THIS DAY of
This ASSIGNMENT is made between;
- Air Passenger Solicitors Limited ( “APSL” )( Company Registration number 12114580 ) ( SRA Number 661781 ) and
NOW IT IS AGREED as follows;
- IN CONSIDERATION of APSL ) agreeing to act for you in your claim for compensation under EC Regulation 261 ( “ your Claim “ ) under a Conditional Fee agreement ( “CFA “ ) you ASSIGN absolutely to APSL the whole proceeds of your Claim.
- You have not assigned the cause of action to pursue your Claim only the proceeds accordingly you retain full control of your Claim and any litigation conducted to recover the same. APSL has no right to interfere in the litigation merely follow your instructions
- Upon receipt by APSL from the Airline of the compensation due for your Claim APSL will deduct the sums due under the CFA namely 25% plus £25.00 plus vat from the compensation and pay you the balance.
- You acknowledge that having assigned the proceeds of your Claim that the Airline shall not pay you but may only pay APSL who alone can give a good and valid receipt.
- You authorise APSL to give Notice of Assignment to the Airline forthwith.
signed Name of passenger
25 BELOW IS OUR CONDITIONAL FEE AGREEMENT WITH YOU
CONDITIONAL FEE AGREEMENT (“CFA”)
- This agreement is a binding legal contract between you and us. Before you click send to agree, please read everything carefully. This agreement must be read in conjunction with the Schedules and the Law Society Conditions attached.
- What is covered by this agreement?
- Your claim for compensation under EC Regulation 261
- What is not covered by this agreement?
- Any counterclaim against you
- Any appeal you make against the final judgment or order
- Paying us if you win
4.1 If you win your claim, you pay us 25% plus a £25.00 administration charge plus vat from the compensation we recover for you. That is all we will ever deduct from your compensation. We will also keep any Court Fees paid by us and reimbursed by the airline and any Court Costs the airline is ordered to pay. Typically this is only Fixed Costs for the issue of a Small Claim ( “ the OVERALL CAP “ ).
4.2 The way this works under our Conditional Fee Agreement is that you agree to pay us a success fee set out in Schedule 1 and our Basic Charges in Schedule 2 but both subject to the OVERALL CAP so that you only ever pay 25% plus 25.00 plus vat from your compensation.
4.3 What do I pay if I lose?
If you lose, you pay nothing and we will indemnify you against any costs that might be payable to the airline.
- The Success Fee
The success fee is set out in Schedule 1.
- Basic Charges
Details of our basic charges are set out in Schedule 2.
- Ending this agreement
If you have a right to cancel this agreement under Schedule 3 (see below) and do so within the 14 day time limit, you will pay nothing. Otherwise, if you end this agreement before you allow us to win or lose, you pay us an Administration charge of £75.00 plus vat plus any Court Fees we have paid on your behalf.
- We may end this agreement before you win or lose, if you fail to cooperate with us or we regard your claim as likely to fail with the consequences that you pay nothing.
- Other points
9.1 Definitions of words used in this CFA are explained in the Law Society Conditions.
9.2 You have the right to cancel this agreement in the circumstances set out in Schedule 3.
- The parties acknowledge and agree that this agreement is not a Contentious
Business Agreement within the terms of the Solicitors Act 1974.
The success fee is set at 50% of our basic charges, where the claim concludes at trial; or 90% where the claim concludes before a trial has commenced.
The success fee percentage reflects the following:-
- The fact that if you lose, we will not earn anything;
- Our assessment of the risks of your case;
- Any other appropriate matters;
- The fact that if you win we will not be paid our basic charges until the end of the claim;
- Our arrangements with you about paying expenses and disbursements
The success fee cannot be more than 100% of the basis charges in total.
You also have the right to apply to the court for assessment of our costs, including our success fee.
These are for work done from now until this agreement ends. These are subject to review.
How we calculate our basic charges
These are calculated for each hour engaged on your matter. Routine letters and telephone calls will be charged as units of one tenth of an hour. Other letters and telephone calls will be charged on a time basis. The hourly rates are:
|Grade of Fee Earners
Solicitors with over eight years post qualification experience including at least eight years litigation experience
Solicitors and legal executives with over four years post qualification experience including at least four years litigation experience
Other solicitors and legal executives and fee earners of equivalent experience
Trainee solicitors, paralegals and other fee earners
The Success Fee and Basic Charges are subject to the Overall Cap of 25% plus £25 administration fee per passenger subject if applicable to VAT which is the maximum that we will deduct from your compensation.
Notice of the Right to Cancel
This only applies if you sign the Conditional Fee Agreement:
- At your home, workplace or at someone else’s home; or
- At our offices but following a visit by us (or by someone acting on our behalf) to your home, workplace or someone else’s home; or
- At our offices but following a meeting between us away from our offices.
You have the right to cancel this contract, without reason. If you wish and can do so by delivering, sending (including electronic mail) a cancellation notice to the person mentioned below at any time within 14 days starting with the day of receipt of this Notice.
The person to whom a cancellation notice may be given is Paul Davidson of Air Passenger Solicitors Limited at email@example.com . (Please quote your case reference number.
Notice of cancellation is deemed to be served as soon as it is posted or sent to us or sent by e-mail.
Law Society Conditions
(as amended by us for EC 261 Claims )
The Law Society Conditions below are part of this agreement. Any amendments or additions to them will apply to you. You should read the conditions carefully and ask us about anything you find unclear.
- Always act in your best interests, subject to our duty to the court;
- Explain to you the risks and benefits of taking legal action;
- Give you our best advice about whether to accept any offer of settlement;
- Give you the best information possible about the likely costs of your claim for damages.
- Give us instructions that allow us to do our work properly;
- Not ask us to work in an improper or unreasonable way;
- Not deliberately mislead us;
- Co-operate with us;
Dealing with costs if you win
- You will only ever pay 25% plus £25 per passenger administration fee and Vat if applicable.
We are allowed to keep any interest court fees and court costs awarded (if any) your opponent pays.
You agree to pay into a designated account any cheques received by you or by us from your opponent and made payable to you. Out of the money, you agree to let us take 25% plus £25 per passenger administration fee and VAT.
You take the rest.
If your opponent fails to pay monies due to you
If the Airline does not pay the compensation owed to you, we have the right to take recovery action in your name to enforce a judgment, order or agreement.
What happens when this agreement ends before your claim for damages ends?
- Paying us if you end this agreement
You can end the agreement at any time. Unless you have a right to cancel this agreement under Schedule 3 and do so within the 14 day time limit we then have the right to be paid:
- An administration fee of £75.00 plus vat and reimburse any court fees paid on your behalf.
- Paying us if we end this agreement
- We can end this agreement if we believe you are unlikely to win . If this happens, you will pay nothing.
What happens after this agreements ends
After this agreements ends, we may apply to have our name removed from the record of any court proceedings in which we are acting .
We have the right to preserve our lien unless another solicitor working for you undertakes to pay us what we are owed including a success fee if you win.
Explanation of words used
Appearing for you at court hearings.
Our charges for the legal work we do on your claim for damages as set out in Schedule 2.
Your compensation claim under EC Regulation 261 or not court proceedings are issued.
A claim that your opponent makes against you in response to your claim.
- Our expenses and disbursements
Payments we make on your behalf such as:
- Court fees;
- Experts’ fees;
- Travelling expenses.
Our right to keep all papers, documents, money or other property held on your behalf until all money due to us is paid. A lien may be applied after this agreement ends.
The court has dismissed your claim or you have stopped it on our advice.
The final contested hearing or the contested hearing of any issue to be tried separately and a reference to a claim concluding at trial includes a claim settled after the trial has commenced or a judgment.
Your claim for EC Regulation 261 compensation is finally decided in your favour, whether by a court decision or an agreement to pay you compensation or in any way that you derive benefit from pursuing the claim.
“Finally” means that your opponent:
- Is not allowed to appeal against the court decision; or
- Has not appealed in time; or
- Has lost any appeal.
26 OUR CLIENT CARE LETTER TO YOU
As Solicitors we are required to set out how we work for you and what your rights are. The below Client Care letter tells you this. We work under our CFE complying with terms of our Client Care Letter below:
CLIENT CARE LETTER
- DETAILS OF INSTRUCTION
By submitting your claim to us through our website you have instructed us to recover compensation due to you under EC Regulation 261. This letter sets out the terms upon which we propose to act.
You have a claim under EC Regulation 261 for a delayed or cancelled flight which you wish us to recover for you from the airline which sold you the flight. If we cannot negotiate payment of your compensation after issuing a Letter Before Action under the pre action protocol we will issue proceedings if we believe your claim will be successful. This will be by a County Court Small Claim or European Small Claim. In either case we will act for you on a No Win No Fee basis. You pay us nothing. If you win your action prior to the issue of proceedings we charge 25% of your compensation plus a £25 administration charge plus VAT.
If you win after proceedings are issued and we have paid the court fee and incurred costs of the proceedings we will charge 25% of your compensation plus £25 administration fee plus VAT but also retain the court fee usually £80.00 plus fixed rate which are paid by the Airline by reimbursement under the Court rules .As the Airline pays the Court fee and fixed costs if the claim is won after the issue of proceedings you receive your full compensation less ONLY 25% plus the £25.00 administration fee plus VAT.
Whilst the Court can order reasonable and proportionate costs in European Small Claims our experience is that the Courts award the same level of costs as if the claims were a Country Court Small Claim. In a European Small Claim you will receive your full compensation less only 25% plus the £25.00 administration charge plus VAT.
In County Court Small Claims cases the rules preclude the winning party recovering costs other than the Court issue fee and fixed costs on issue. In practice the same applied in European Small Claims.
On receipt of your claim we will contact the airline and ask to recover your compensation by raising a formal legal Letter Before Action. It is usual to allow 14-28 days for a Defendant to respond.
However, due to the number of claims the airlines receive, the speed of response is often slow and the Court have criticised solicitors who are too quick to issue rather than wait for the airlines’ response. We have therefore set our protocol to allow the airlines 35 days to respond.
After 35 days we will assess your claim based on all the information available including what the airline say, weather information, ATC information and relevant data about delayed flights .If the airline refuse your claim and we advise that your claim ought to be paid we will issue your claim and pay the Court fee. You pay nothing. The no cost rule in Small Claims means that if you lose you pay nothing. In the unlikely event a Court order is made against you and in Small Claims this can only be for poor conduct will pay these costs all the time we are on the Court record as acting unless this arises only from your failure to provide information or cooperate with us .
- PERSONS HANDLING MATTER
Nigel Davidson handles all issued cases with his team. His email address is firstname.lastname@example.org and his contact number is 01293 660671 extension 301.
If there is any aspect of our service with which you are not happy (including complaints about our bills), please contact our complaints handling Director, Nigel Davidson.
You also have the right to complain to the Legal Ombudsman at the conclusion of the complaint process. Contact details for the Legal Ombudsman and details of the time limits for making a complaint can be found at http://www.legalombudsman.org.uk PO Box 6806, Wolverhampton, WV1 9WJ.
Air Passenger Solicitors Limited are regulated by the Solicitors Regulation Authority. SRA Number 661781
We only act for you under a Conditional Fee Agreement . This means you pay us nothing and you will receive your full compensation less 25% plus a £25 administration fee plus VAT.
- BILLING ARRANGEMENTS
We never bill you until we have recovered your compensation from the airline. If we are not successful you pay nothing. Once a successful recovery has been made you will be receive a statement of all sums recovered less our fees and a fee note so that you can see what you have paid.
- RECOVERY OF COSTS / LIABILITY FOR COSTS OF OTHER PARTY/IES
You will not be able to recover costs from the airline other than the Court issue fee and fixed costs on issue. Equally you will have no liability for costs if your claim fails.
- RIGHT TO LIEN
We will exercise a lien for all unpaid costs. This lien will attach to the compensation due to you from the airline where we have carried out legal work. Neither you or the airline should seek to defealt this lien by seeking to pay your compensation other than through our designates CLIENT ACCOUNT
- LIMIT ON COSTS
You never pay us. We work on a No win No Fee basis. Your costs deducted on success will never exceed 25% plus £25 administration fees plus VAT of your compensation recovered.
- LIABILITY FOR NEGLIGENCE
Our liability for negligence is limited to the amount of your claim.
- ASSIGNMENT OF PROCEEDS OF CLAIM.
We ask that you Assign to use the proceeds of your claim to us so that we can ensure that the claim is paid into our client account and that you receive the full amount less only 25% plus £25.00 plus vat
- TERMS OF BUSINESS
These terms of business (“Terms”) apply to all work done by Air Passenger Solicitors Limited (“we”, “us”, “our”, “the firm”) for the client to whom the Client Care Letter is addressed (“you”, “your”, “client”). These are the Terms of Business referred to in that letter. If there is any conflict between these Terms of Business and the Client Care Letter, the Client Care Letter will prevail. You will be considered to have accepted these Terms and the Client Care Letter when you submit your claim to us through our website.
In all our dealings with clients we aim to provide a high quality of service.
We do not ask you for any money as we only work on a “no win, no fee basis” on the terms of our Conditional Full Fee Agreement.
Interest on client account
Where we hold money to your order, it shall be held in our general client account with Santander Bank plc and we shall account to you for interest exceeding £20 earned on monies held by us for you for more than 7 days.
Lien and set-off
We shall have a lien on your compensation for any unpaid legal fees. We shall be entitled to set off any amounts owed to us against any funds we are holding on your behalf.
Limitation of Liability
The following should be read carefully as it limits the extent of our liability to you. Any such liability arising from or in connection with the services provided to you by us is the liability of Air Passenger Solicitors Limited. Our Directors, Employees and Consultants shall have no liability to you.
The liability of this Company for loss or damage caused by our negligence, breach of contract, misrepresentation or otherwise (but not in respect of fraud or fraudulent misrepresentation) shall not exceed the amount of your claim for compensation.
We are required to comply with our statutory obligations under the Money Laundering, Terrorist Financing and Transfer of Funds (information on the Payer) Regulations 2017 (“the Money Laundering Regulations”) to carry out certain checks in order to verify identity and the source of funds supplied by a client. We are also under a duty to report any suspicion that we have of money laundering and this duty may override our duty of client confidentiality. We shall not incur any liability to you for any loss you may suffer as a result of our compliance with these Regulations to include accounting to you.
Communication by e-mail
We generally communicate with and send documents to clients and any other parties by e-mail. You accept that the internet is not a secure medium and that electronic transmission of e-mail may become lost, delayed, intercepted, corrupted, delivered incomplete or fail to be delivered. We shall use our reasonable endeavours to ensure that our e-mail s are free from viruses and other obstructions and shall expect you to do the same. However, you should note that e-mail cannot be guaranteed to be secure, error-free or confidential and that we shall have no responsibility or liability for any error, omission, claim or loss arising from or in connection with any communication to you via email, in the absence of any bad faith or wilful default on our part.
All copyright and intellectual property rights in any work and materials that we develop or create for you shall be our property unless specifically agreed otherwise. You are, however, permitted to use any such materials for the purposes for which they were created.
As solicitors, we are under strict rules of confidentiality and shall not disclose any confidential information received from you unless instructed by you or as required by law. Equally, we cannot use or pass on confidential information obtained from other clients for your benefit.
Occasionally, we may be requested to refer in general terms to work done for you. For example, we may be requested to give information for reports to be published in the legal or business press of transactions where we have acted for one of the parties, or we may wish to disclose that we have acted for you in a particular matter. In such cases, we will ask your consent before disclosing and, if given, this consent will also apply to future similar disclosures by us.
We are committed by providing a high quality service to our clients. This includes a commitment to putting things right when they go wrong. Our objective at all times is to exceed your expectations. If you do not feel that we have fulfilled our responsibilities, or the standard of our service has been less than you expected, then please let us know.
If any difficulties do arise which cannot be resolved, then please contact Nigel Davidson who is the Director with overall responsibility for dealing with complaints by writing to Air Passenger Solicitors or emailing Nigel@airpassengersolicitors.com.
What will happen next?
To explain to you how long this process might take we have included our target times for each stage of the process. Where, or any reason, it is not possible to observe any of these limits we will let you know and explain why.
- On receipt of your complaint Nigel Davidson will send you a letter acknowledging your complaint and might invite you to a meeting to discuss your concerns. We will open a file for your complaint in our system and Nigel Davidson will examine the file that we have on the work that we have been doing for you. We would look to acknowledge your complaint within three days of receiving it and will complete our initial examination within fourteen days.
- We might then invite you to a meeting or we will write to you to ask for further information. Alternatively, we might write to you setting out our views on the situation and suggesting any redress that we would feel to be appropriate. We will aim to write to you with our views and any suggestions within seven days of completing our investigations.
- Where we feel that we have failed in our standards we could offer an apology, a reduction of any bill or a repayment in relation to any payment received.
If, by this sage, you are still not satisfied, please let us know. It would be helpful to us if you could do so within the first 21 days but there is no obligation on you to do so. We will then arrange to review our decision. We would will aim to do this within fourteen days of hearing from you.
- We will let you know the result of the review within seven days of the end of the review and will do so by writing to you to confirm our final position on your complaint and explaining our reasons.
Making a complaint will not affect how we handle your case.
The Solicitors Regulation Authority can help you if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic. You can raise your concerns with the Solicitors Regulation Authority.
What to do if we cannot resolve your complaint
The Legal Ombudsman can help you if we are unable to resolve your complaint ourselves. They will look at your complaint independently and it will not affect how we handle your case.
Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have, then you must take your complaint to the Legal Ombudsman:
- Within six months of receiving a final response to your complaint; and
- No more than six years from the date of act/omission; or
- No more than three years from when you should reasonably have known there was cause for complaint.
If you would like more information about the Legal Ombudsman, please contact them.
Storage of your Documents
We shall keep our file of papers in an electronic format only for 6 years after your claim has ended after which it will be deleted.
Variations or modifications to these Terms may be made upon agreement in writing. Save as provided these Terms shall prevail.
These Terms of our Engagement Letter are governed by the laws of England and Wales. You agree that the English courts shall have exclusive jurisdiction in any dispute that may arise between us.
Solicitors Regulation Authority
We are authorised and regulated by the Solicitors Regulation Authority of England and Wales with Registration Number 661781.
- DIVERSITY POLICY
28.1 We are an equal opportunities employer and we are committed to ensuring that our culture, our training and our policies all facilitate and enhance the development and promotion of equal opportunities.
28.2 We are committed to avoiding discrimination in our dealings with clients and potential clients, other solicitors, barristers and third parties, and in relation to all current partners and employees, as well as applicants for positions within the firm and all related recruitment activity, along with internal promotions and training opportunities. The partners are also committed to promoting equality and diversity in all aspects of the firm’s operations including client service.
28.3 It is our aim to ensure that nobody suffers discrimination because of gender, sexual orientation, marital or civil partnership status, gender reassignment, nationality, colour, race, ethnic or national origin, religion or belief, age, disability or fixed term or part time status.
- 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.