Terms of Agreement
By filling the form on the Africlaim website on the details of the delayed/canceled flight, the Client has requested that Africlaim Limited acts on his/her behalf with regards to recovery of the statutory compensation that he/she is entitled to pursuant to EC Regulation 261/2004.
In this document “we/us/our” means Africlaim Limited and “you/your” means the Client.
Definitions of other words used in this document are as follows:
Charges - Our charges for pursuing your claim and any fixed costs you become entitled
Claim - Your claim, whether or not court proceedings are issued, as described in the section “what is covered by this contract.”
Client – The passenger claiming compensation
Costs - Charges, disbursements, and any applicable tax including VAT.
Operating Carrier: The party having operational control of an aircraft used to operate a Codeshare Service and any party deemed to be the Operating Carrier under this Agreement.
Start date – The date on which this contract begins. This is the date on which you press the submit button and the date on which we send you the email confirming these terms.
Win - “Win” means that you recover damages or compensation or obtain other relief or succeed on any issue and/or an order for costs is made in your favor or an agreement is reached to pay costs in your favor at any stage in your claim.
BASIS OF OUR CONTRACT
You hereby agree to assign to us the full ownership and legal title to your claim pursuant to EC Regulation 261/2004 in relation to your delayed/cancelled flight.
We work on a No Win – No fee basis. You will not be charged if your claim is unsuccessful. However if the Claim is successful, you will be charged a service charge fee of 21% of the total claim sum.
1. We shall represent you legally before third parties in relation to the claim.
2. To initiate, conduct and undertake every type of negotiation as well as legal and other measures within the ambit of the law to collect your claim from the operating carrier.
3. Collect and receive payments in relation to the Claim on your behalf.
4. Request the operating carrier not to process the Client’s personal data in relation to the Claim pursuant to the applicable Data Protection Laws except to verify the Claim.
5. Obtain every type of information necessary to initiate complaints with the administrative bodies responsible for passenger rights enforcement
6. Update you on the progress of your application for the claim.
7. Reject a claim if it reasonably beliefs it does not comply with the EC 261/2004 regulations.
1. You shall not instruct your personal representatives nor pursue your compensation claim against the operating carrier.
2. You here agree that all compensation claims shall be paid to an account nominated by us.
3. Neither you nor your personal representatives shall accept any direct contact or payment from the operating carrier.
4. You shall not deliberately mislead us.
5. You shall not make any direct or indirect settlement of your claim with the operating carrier other than us.
6. You shall disclose all information to usin order to recover your claim.
CLAIMING ON BEHALF OF OTHERS
If you are claiming compensation on behalf of other passengers, such as your family or a group you were travelling with, and have provided us with their details, by providing those details, you are warranting and representing to us that (i) you are their agent and they are your principals (ii) You have the full power and authority to provide those details and (iii) full power and authority to bind the other passengers to this contract as parties to it, so that they become our clients and are bound by the terms of this contract, including the obligations outlined under Your Responsibilities.
WHAT CAN YOU CLAIM?
Under Article 7 of the EC Regulation 261/2004, we are limited to recovering compensation for flight delays, flight cancellations only. We cannot pursue the operating carrier for other losses incurred by the Client as a result of the flight delay/cancellation. However if we have to take legal action against the airline, We may make claim for losses incurred as a result of the flight delay/cancellation.
The duration for settling flight delay claims is a maximum of 72 days.
ENDING OUR CONTRACT WITH YOU
You have the right to cancel your contract with us within seven (7) calendar days. If you wish to cancel the contract, you have to contact us within seven days by email. You understand that by giving us authorization you cease having the right to cancel the contract if our service has been fully performed.
You can end this contract at any time within the cancellation period. If you do so after the cancellation period, you agree you will pay us our costs calculated on the assumption that you would have won your claim on the date when you end this contract.
We can end this contract if:
You do not keep to your responsibilities;
We believe you are unlikely to win; or
You become insolvent by reason of bankruptcy, entering into a voluntary arrangement.
If you give us false information
If you die before your claim is concluded and your personal representatives continue your claim, we will be entitled to be paid in accordance with this contract if your personal representatives go on to win your claim.