TERMS OF SERVICE
flyrecover.com — FlyRecover OÜ
Last update: [date]
Preamble
These Terms of Service (the "Terms") govern the use of the website https://flyrecover.com (the "Site") and the provision of flight compensation recovery services (the "Services") by FLYRECOVER OÜ, an Estonian private limited company registered with the Estonian Business Registry under no. [●], with its registered office at [●], Tallinn, Estonia (the "Company").
Any person subscribing to the Services as a passenger (the "Client") accepts without reservation these Terms, the Service Agreement, the Power of Attorney, the Funds Collection Authorization and the Success Fee Schedule.
1. Service scope
1.1. The Company offers a flight disruption compensation recovery service under: - Regulation (EC) No 261/2004; - the UK Air Passenger Rights Regulation 2019; - the 1999 Montreal Convention; - equivalent national regimes in jurisdictions served.
1.2. The Company acts as the agent of the Client. It is not a law firm and does not provide legal services. Where representation by a lawyer is required, the Company instructs a partner lawyer or firm.
2. Sign-up and acceptance
2.1. Clients sign up via the Site: 1. enter the flight number and date; 2. enter passenger info (name, email, phone); 3. upload the boarding pass and supporting documents; 4. accept these Terms and the Service Agreement; 5. electronically sign the Power of Attorney and Funds Collection Authorization; 6. enter the payout IBAN.
2.2. No subscription is validated before electronic signature of all required documents.
3. Fees
3.1. Services are provided on a "No Win, No Fee" basis: nothing is owed in case of failure. 3.2. In case of success, the Company collects 25 % (excl. VAT) of sums recovered amicably, +15 % (excl. VAT) in case of litigation, +5 % (excl. VAT) in case of enforcement. VAT applies if due. 3.3. Detail in the Success Fee Schedule annexed to the Service Agreement.
4. Timing
4.1. The Company does not guarantee outcome, amount or timing. Indicative durations: - amicable: 4-12 weeks; - litigation: 3-18 months.
5. Funds remittance
5.1. Recovered sums are paid into a dedicated, segregated client funds account. The net balance is remitted to the Client within 14 business days of cleared receipt and AML clearance. 5.2. The Client warrants that the IBAN belongs to the Client.
6. Client obligations
6.1. The Client warrants the accuracy of information and authenticity of documents. 6.2. The Client warrants no conflicting exclusive mandate and no assignment to a third party. 6.3. The Client undertakes to forward without delay any communication received from the airline and to cooperate.
7. Fraud
7.1. Any fraud (forged document, false identity, undisclosed compensation already received) results in immediate closure, loss of any promised remittance to the Client and potential recovery action and reporting.
8. Right of withdrawal (EU B2C)
8.1. EU consumer Clients have 14 days to withdraw without reason (form annexed). 8.2. Express request for immediate start results in a proportional payment if withdrawn after start. 8.3. Right lapses if the Service has been fully performed.
9. Personal data
9.1. Personal data processing is governed by the Privacy Policy at https://flyrecover.com/privacy. The Company acts as data controller.
10. Intellectual property
10.1. The Site, its content, databases, trademarks, logos and source code are the exclusive property of the Company or its licensors. Unauthorized reproduction, extraction or reuse is prohibited.
11. Site availability
11.1. The Company strives to keep the Site available 24/7 without guaranteeing uninterrupted availability. No liability for downtime, maintenance or force majeure.
12. Liability
12.1. The Company is liable only for direct, proven damage, capped at fees actually received for the relevant Claim. 12.2. Indirect damages, loss of opportunity, lost profits and moral damages are excluded.
13. Amendments
13.1. The Company may amend these Terms. The version in force is the one published on the Site at sign-up. 13.2. Amendments applicable to ongoing matters must be notified by email and accepted by the Client.
14. Complaints and dispute resolution
14.1. Complaints to support@flyrecover.com.
14.2. Failing amicable settlement, consumer Clients may use:
- consumer mediation;
- the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.
15. Governing law and jurisdiction
15.1. Estonian law, subject to mandatory consumer protection rules. 15.2. Competent court: Harju County Court, Tallinn. Consumer Clients retain the right to sue in their EU country of residence.
16. Cookies
16.1. Cookies use is governed by the Cookies Policy at https://flyrecover.com/cookies.
17. Contact
- General:
support@flyrecover.com - Legal:
legal@flyrecover.com - Privacy:
privacy@flyrecover.com - Postal:
[●], Tallinn, Estonia