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© 2019 Africlaim ltd.

Terms of Service

Article 1: Definitions

 

In these terms and conditions (the “T&C”), the defined terms below shall have the following meaning:

 

1.1. “Agreement”: an agreement between a Client and Africlaim that is reached after the acceptance of these T&C by the Client, which shall be considered finalized, when the Client has clicked acceptance of terms of service and submitted a claim.

 

1.2. “Africlaim”: Africlaim is a company incorporated in Nigeria with its registered office at Enugu, Nigeria (RC 1503633).

1.3. ”Air Passenger Rights Regulation”: any law, regulation, directive or similar, whether issued on the state, federal, EU, national or regional level, that establishes rules on monetary compensation to passengers in the event of overbooked, delayed or canceled flights.

 

1.4. “Claim”: any claim against an airline for monetary compensation pursuant to Air Passenger Rights Regulation.

 

1.5. “Client(s)”: person(s) that have accepted these T&C.

 

1.6. “Flight Compensation”: the total amount of money paid by an airline in relation to a Claim as compensation, settlement, a gesture of goodwill or otherwise, to the Client or Africlaim after the Client has accepted these T&C. For the avoidance of doubt, Flight Compensation does not include any payments of attorney’s fees, court fees, collection cost, interest or similar, which payments shall belong solely to Africlaim.

 

1.7. “Legal Action”: filing a Claim with a court or government body, such as a national enforcement body (NEB), or handing over a Claim to a contracted legal representative, such as an attorney or law firm.

 

1.8. ”Price List”: appendix attached to this T&C specifying accepted currencies and methods of payment.

 

1.9. ”Regulation 261/04”: Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights.

Article 2: Agreement

2.1. When asking Africlaim to pursue the Client’s Claim, the Client automatically and simultaneously accepts these T&C.

 

2.2. An Agreement will only be concluded if Africlaim accepts to pursue the Client’s Claim. Africlaim is entitled to refuse to pursue any Claim without reason. In case of a refusal, Africlaim will notify the Client without unreasonable delay. If Africlaim accepts to pursue the Client’s Claim, an Agreement has been made between Africlaim and the Client.

 

2.3. By entering into an Agreement with Africlaim, the Client warrants that he/she is authorized and has legal capacity to enter into the Agreement.

 

2.4. The Client acknowledges that Africlaim only seeks Flight Compensation. The Client agrees that Africlaim will not accept travel vouchers and/or other services as Flight Compensation and that such offer from airlines will be considered as the refusal of payment.

 

2.5. The Client warrants that the Claim has not been assigned to third parties and no legal dispute is pending or expected between the Client and the airline in the same matter.

 

2.6. After acceptance to pursue a claim by Africlaim, the Client may not engage any other party to pursue the Claim or assign the Claim to any other party. Any existing engagements or assignments, if any, must be canceled before submitting the form.

 

2.7. If the Client receives any direct payments or any other compensation from the airline concerned after entering into the Agreement, the Client shall be obliged to advise Africlaim without delay. Such payments shall be considered Flight Compensation.

2.8. After Africlaim accepts to pursue the claim, the Client shall be obliged to cease negotiations with the airline concerned and direct any contact made by the airline to Africlaim in order to ensure that Africlaim achieves the best result possible.

2.9. The Agreement terminates:

i) when Flight Compensation has been accepted by Africlaim, paid in full to Africlaim by the airline and the agreed part of the Flight Compensation has been transferred to the Client after deduction of all applicable fees, or

ii) when Africlaim has established that it would be futile to continue to pursue the Claim after conducting an in-depth review of the case and has advised the Client that such Claim will not be pursued.

2.10 If the Agreement is terminated pursuant to paragraph 2.9ii and the Client requests it, the Claim may be re-assigned to the Client, which is free of charge. Hereafter, the Client is free to pursue the Claim.

2.11. Different terms and conditions may apply to Clients submitting Claims pursuant to Africlaim's agreements with third parties.

Article 3: Description of Services

3.1. Africlaim asserts the Client’s Claim for Flight Compensation from the operating airline on the basis of Regulation 261/2004 or any other Air Passenger Rights Regulation in force applicable to the Client’s particular air travel.

 

3.2. Flight data and information may be submitted to Africlaim via the website, email, other electronic or software solutions supported by Africlaim or phone. After receipt of a Claim, Africlaim performs research to check the flight information and verify the flight data. If this evaluation proves that the Claim is sufficiently promising, Africlaim informs the Client that her/his Claim has been accepted.

 

3.3. If the operating airline fails to pay Flight Compensation within a reasonable period and provided the case may be asserted with adequate certainty, Africlaim may initiate Legal Action to pursue the Claim. In the event that Legal Action is undertaken, the Legal Action Fee applies to cover the additional costs of Legal Action.

 

3.4. In the event that a contracted legal representative is used for Legal Action, the Client will allow Africlaim to grant the contracted legal representative access to all of the data communicated to Africlaim and allow the legal representative to transfer information concerning the proceedings to Africlaim. Where a separate COA, Power of Attorney, Statement of Truth, Assignment Form or other additional documents are required by the relevant court, the Client undertakes to sign such additional documents. In case the Client has already signed an Assignment Form and signs a COA, Power of Attorney, Client Care Agreement or similar, the Claim is automatically assigned back to the Client.

 

3.5. If the contracted legal representative comes to the conclusion that there are insufficient prospects of success, the Client will be advised about this and Africlaim will take no further action.

 

3.6. If Africlaim or the contracted legal representative institutes legal proceedings to pursue a Claim, Africlaim will cover any costs incurred in the event the lawsuit is lost. In the event the lawsuit is won, or a settlement has been reached between the airline and , Africlaim, Africlaim will cover any costs incurred that are not covered by the airline.

 

3.7. The Client acknowledges that it is the sole decision of Africlaim to accept any settlement offer since the Client has assigned the Claim to Africlaim. In case Africlaim acts on behalf of the Client pursuant to an Authority Document, the Client authorizes Africlaim to accept or reject settlement offers based on Africlaim experience with the airline and the advice from external legal representatives.

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Article 4: Fees and Payments

4.1. Africlaim pursues the Claim free of charge. If Africlaim is successful in collecting Flight Compensation, Africlaim will transfer the agreed part of the Flight Compensation to the Client, subject only to fees that may apply to Africlaim's discretion.

 

4.2. Payment of the agreed part of the Flight Compensation to the Client will be done pursuant to the options in the Price List.

 

4.3. If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to Africlaim, Africlaim is entitled to deduct all external cost imposed upon Africlaim plus a Change Fee to cover the internal cost, for each incident (see Price List). If the Client, after several reminders and reasonable endeavors from Africlaim to contact the Client by other means than the email provided by the Client to Africlaim, does not respond to correct or provide information needed to pay the agreed part of the Flight Compensation, Africlaim shall be entitled to keep the part of the Flight Compensation that otherwise should have been transferred to the Client.

​4.4. When Africlaim has paid the agreed Flight Compensation pursuant to the instruction of and method selection by the Client, Africlaim shall not be liable for:

i) checks, prepaid debit cards, credit cards and similar lost in transit to the Client;

ii) any effect of the Client giving wrong bank account information, wrong address or similar, including, but not limited to, the Flight Compensation being paid to the wrong receiver. If Flight Compensation at the fault of the Client has been paid to a wrong receiver, Africlaim shall not be obligated to actively reclaim it.

4.5. No interest may be claimed for the period between the incoming and outgoing payments. Africlaim reserves the right to retain any interest that has been recovered from the airline.

 

4.6. No invoices related to the services delivered and fees charged will be provided as default, but an electronic invoice can be requested and sent by email.

 

4.7. Africlaim shall not be liable for any amount of compensation, damages or similar, if Africlaim is prevented to transfer the payment to the Client by an event beyond its reasonable control, including without limitation, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood and storm.

Article 5: Data Protection

 

Africlaim will only use the personal data provided by the Client for the purpose of pursuing the Claim in accordance with the Agreement and with respect to all applicable privacy and data protection laws. The Client provides Africlaim with personal data under the EU GDPR or other data protection laws that may be applicable, with the explicit permission to process the personal data given and for the use thereof in the context of the Agreement. Africlaim will only transfer the personal data to third parties under the conditions listed below:

 

i) if the Client has given consent;

ii) if it is for a purpose directly related to the original purpose for which the personal data was collected;

iii) if it is necessary for the preparation, negotiation and fulfilling of a contract with the Client;

iv) if it is required due to a legal obligation, administrative or court order;

v) if it is required for the establishment or protection of legal claims or in defense of court actions;

vi) if it serves the prevention of misuse or other illegal activities, such as deliberate attacks, to ensure data security.

Article 6: Data and Information from the Client

6.1. On request by Africlaim, the Client will provide Africlaim with all data or information that is required for the execution of the Agreement. The Client warrants that the data and information provided are correct, complete and true.

 

6.2. The Client agrees to fully indemnify Africlaim in all respects for all third-party claims including, but not limited to, incorrect Client communications, provision of incorrect data/information and fraudulent conduct.

 

6.3. In case of incorrect data/information and fraudulent conduct, Africlaim reserves the right to terminate the Agreement with immediate effect. If the Agreement is terminated in accordance with this paragraph, the Client will not have any right to compensation of any kind.

Article 7: Right of Withdrawal

7.1. If you qualify as a consumer pursuant to EU-consumer regulations i.e. you are a natural person who enters into a legal transaction for a purpose that is neither your commercial nor your independent vocational activity, you have a statutory right of withdrawal.

 

7.2. You can withdraw your acceptance of our Agreement within 14 days from the conclusion of the Agreement (e.g., letter, email) without the need to specify any reasons. To exercise your right to withdrawal, the withdrawal must be mailed within the 14-day period mentioned above and it must clearly state that you wish to withdraw from the Agreement. Due to the nature of the service provided to you, you cannot withdraw from our Agreement, if we have informed you that the airline has accepted the Claim, as we in such an event have completed the service you requested. The withdrawal must be sent to info@africlaim.com

Article 8: Final Provisions

8.1. Africlaim is authorized to alter these T&C and the Price List and to set forth additional conditions at any time and without notice. However, changes with a negative effect on the Client will not apply to the Client, unless the Client agrees to new changes.

 

8.2. The laws of Nigeria apply to these T&C, the Assignment Form and the Agreement between Africlaim and the Client. Any dispute arising out of or in relation to these T&C, the Assignment Form and the Agreement between Africlaim and the Client shall exclusively be settled by the lowest level Nigerian court, in the first instance.

 

8.3. Should any provision of these T&C be or become void, illegal or unenforceable, this shall not affect the validity of the remaining provisions in any way whatsoever.

 

8.4. Rights and obligations fully or partially related to any submitted Claim may be transferred without restrictions by Africlaim to any entity within the corporate group of Africlaim and by Africlaim to third parties.

 

8.5. The English version of these T&C shall prevail in case of inconsistency to any other language version.