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Terms & Conditions
Updated 23 January 2019
1.1‘Airline’ means the Airline/Carrier/Representative and/or any other entity to whom the Authority to Act (Power of Attorney) is addressed, being the organisation (to include all of their employees, directors, agents, representatives and/or associates) that the Client(s) holds responsible for their Flight Delay and/or Flight Cancellation.
1.2‘Claim’ means the Client’s contemplated action (including referral to the relevant Aviation Authority and/or the issue of Court proceedings) against the Airline for Compensation relating to their Flight Delay and/or Flight Cancellation which is detailed within the Authority to Act (Power of Attorney).
1.3‘Client’ means the passenger of the Airline that has suffered a Flight Delay and/or Flight Cancellation and is authorised to appoint Flight Delay Specialists/Been Delayed to act on his/her/their behalf in respect of the Claim.
1.4‘Compensation’ means any sums paid or awarded to the Client in the Claim, including cash payments, refunds, vouchers, discounts, alternative flights or any other financial benefit and including any interest.
1.5‘Fee’ means the agreed fee of 25% of the gross Compensation in addition to an admin fee of €25 per passenger (plus all taxes where applicable), payable to Flight Delay Specialists/Been Delayed for the Services carried out by it. For example, if we recover €600 gross compensation for you, our fees would be €210 (€180 + admin fee of €30) including VAT. This fee becomes payable by the Client immediately upon receipt of the compensation. The maximum payment per passenger is €600, and other payment amounts will vary in line with the journey distance and other criteria Applied at regulatory level. The exchange rate applied to the amount being paid may vary from airline to airline. In some cases, the exchange rate applied with an airline will be based on the date of the original flight, whilst in other cases airline settlement and exchange rate will be based on the exchange rate on the settlement date.
1.6‘Cancellation Fee’ means the fee payable by you in the event that you cancel your instructions after the expiration of the “cooling off period” but before we have succeeded in obtaining an offer of Compensation. This Cancellation Fee is fully detailed within Section 5 below.
1.7‘Step-by-Step Guide means our initial letter that accompanies the Authority to Act (Power of Attorney) and sets out confirmation of the Clients’ instructions, details of the Fees that are payable by the Client and all relevant information relating to the conduct of the Claim.
1.8‘Flight Cancellation’ means a cancelled flight that meets the requirements of EU Regulation 261/2004.
1.9‘Flight Delay’ means a delayed flight that meets the requirements of EU Regulation 261/2004.
1.10’Authority to Act (Power of Attorney) means the signed letter from the Client to be sent by Flight Delay Specialists/Been Delayed to the Airline giving Flight Delay Specialists/Been Delayed the Client’s authority to act in the Claim.
1.11‘Flight Delay Specialists/Been Delayed’ means Flight Delay Specialists/Been Delayed trading as Scribble Media Marketing Limited, company registration number 09583836 and its registered office at National House, 80-82 Wellington Rd North, Stockport, SK4 1HW
1.12‘Services’ means the services provided to the Client by Flight Delay Specialists/Been Delayed and/or its agents including making the Claim for Compensation from the Airline.
1.13‘Terms’ means these Terms and Conditions and details set out in the ‘Step-by-Step Guide’ and ‘Authority to Act (Power of Attorney)’.
2.Conduct of Engagement:
2.1By completing, signing and returning the Authority to Act (Power of Attorney) electronically or otherwise, the Client hereby agrees to be bound by these Terms and appoints Flight Delay Specialists/Been Delayed to assess, pursue and if reasonably possible to complete the Claim.
2.2By completing and signing the Authority to Act ( Power of Attorney), the Client gives to Flight Delay Specialists/Been Delayed his/her/their consent and full authority to obtain all relevant information and deal with the Airline on the Client’s behalf until the conclusion of the Claim.
2.3You are aware that you could complain directly to the Airline at no cost and/or make a complaint to the relevant Aviation Authority, but herby confirm your instructions to pursue your Claim using Flight Delay Specialists/Been Delayed.
2.4The presentation of services provided by Flight Delay Specialists/Been Delayed on their website and/or in any other marketing material does not represent a binding offer to conclude a contract.
3.1Will deal promptly with every reasonable request by Flight Delay Specialists/Been Delayed and their agents for authority, information, documents and further instructions that they may, from time to time, require.
3.2Will promptly inform Flight Delay Specialists/Been Delayed of any relevant matters affecting the claim, e.g. change of address or name.
3.3Will be liable for the Fee (& see 5. below).
3.4Will immediately inform Flight Delay Specialists/Been Delayed if the Airline pays the Client(s) directly and forward the Fee to Flight Delay Specialists/Been Delayed without delay.
3.5Authorises the Airline, where possible, to pay the Compensation to Flight Delay Specialists/Been Delayed and for Flight Delay Specialists/Been Delayed to retain the Fee before remitting the balance to the Client. If the value of the total compensation amount is not disclosed then the Fee will be calculated on the exchange rate of 1GBP to 1EUR.
3.6Gives the right to Flight Delay Specialists/Been Delayed to deal exclusively with the Claim either by itself or through appointed solicitors. The client has not previously contracted with any other party regarding this flight delay claim or, if they have, any such contract has been cancelled prior to commencement of this claim with Flight Delay Specialists/Been Delayed. Futhermore, if the client subsequently receives compensation through their own actions or those of another claims company or solicitors, the client shall remain liable to pay Flight Delay Specialists/Been Delayed a fee of £100 per passenger to cover costs incurred. The Client will not instruct any other representative nor pursue their Claim themselves against the Airline without first terminating these Terms in accordance with clause 5.
3.7For the avoidance of doubt not be liable for any charge in respect of the Claim if Flight Delay Specialists/Been Delayed decide not to pursue the Claim or if the Claim is pursued and the Airline pays no Compensation.
3.8Agrees not to accept Compensation in the form of vouchers, discounts or any other non‐cash alternative from the Airline. If Compensation is accepted by the Client in breach of this clause and is paid in a non‐cash form, then the Client is still liable for the Fee which will be calculated based upon the equivalent cash value of the Compensation award received from the Airline and in accordance with and subject to 3.5.
3.9Confirms that if they provide details to Flight Delay Specialists/Been Delayed of any friends, family members or any other person who they advise wants to pursue a Claim themselves, then the Client confirms that they have the express consent from this person to do so and further that this individual has provided their consent to be contacted by Flight Delay Specialists/Been Delayed.
3.10I/We understand that if for any reason a cheque for the payment of compensation has to be cancelled and then reissued, not limited to but for example sent to the incorrect address or made payable to an incorrect name as per 3.2, an administration fee of £15 will be deducted from the proceeds of the compensation.
3.11Agrees that if a Fee remains unpaid and if Flight Delay Specialists/Been Delayed have other existing claims that compensation is due then the Fee will be deducted from this amount.
3.12Understands that if a Fee remains unpaid and legal action ensues then any costs incurred during such action will then become due and either deducted from any additional compensation paid or claimed as part of the legal action.
3.13Understands that the compensation will be paid to the Lead Passenger. If this is inconvenient call us on 0161 9830000 or email us at [email protected] quoting your FDS reference number.
3.14A customer referral can only be made for a booking that they are not part of. The referral is per booking (with single booking reference number) and not per client/passenger.
3.15Accepts that any banking fee that is incurred by FDS in having to transfer or make an international bank payment for the compensation will be deducted from these proceeds.
4.Flight Delay Specialists/Been Delayed will:
4.1Rely on the information and documents provided by the Client as being true, accurate and so far as possible complete.
4.2Use its reasonable endeavours to obtain the maximum Compensation for the Claim.
4.3Promptly notify the Client if the Claim is not to be pursued. Flight Delay Specialists/Been Delayed shall at its discretion decide whether or not it will proceed with the Claim at any time but will act reasonably in taking any such decision.
4.4Promptly notify the Client of the outcome of the Claim.
4.5As soon as is reasonably practical following the settlement of a Claim and the receipt by it of Compensation pay the Client the balance due after deducting the Fee.
4.7Any claim by way of indirect, special or consequential damage arising out of any act or omission or commission by Flight Delay Specialists/Been Delayed is specifically excluded.
4.8Will be responsible for any fee that becomes due by our solicitors for acting on the clients behalf.
5.Cancellation & Termination:
5.1Commencing on the date you sign these Authority to Act (Power of Attorney) you have 14 days to cancel your authority instructing Flight Delay Specialists/Been Delayed to act on your behalf (‘Cooling‐off Period’) by giving notice of your cancellation in writing, at no cost to you to Flight Delay Specialists/Been Delayed Ltd of House, 80-82 Wellington Rd North, Stockport, SK4 1HW and would strongly advise you to retain proof of postage of this notice. You may also send this request by email quoting your FDS reference number and Right to Cancel in the subject line to [email protected]
5.2.You may cancel this Agreement by giving notice in writing to Flight Delay Specialists/Been Delayed at any time. However if you cancel this Agreement outside of the Cooling‐off Period at clause 5.1 you may be responsible for payment of our fees. If we have not succeeded in obtaining an offer of Compensation by the date of cancellation we will charge you a Cancellation Fee for the work done in dealing with the Claim which will be reasonable and reflect the work done; Cancellation notice received during 7 day cooling off period:- No cancellation fee is payable; Cancellation notice received after cooling off period but before evidence gathering commenced:- Cancellation Fee of £35 + VAT; Cancellation notice received after evidence gathering completed:- Cancellation fee of £55 + VAT; Cancellation notice received after your claim has been submitted to your airline:- Cancellation fee of £70 + VAT; together with any actual expenses (such as Data Subject Access Request fees) which we have incurred on your behalf up to the date of any cancellation. If we have succeeded in getting an offer of Compensation by the date you cancel then it is the Fee detailed in 1.5 of these Terms that is payable by you.
5.3If Flight Delay Specialists/Been Delayed terminates this agreement on the grounds of your failure to deal promptly with any request for information as set out at point 3.1, you will be responsible for payment of the Fee in the event that an offer of Compensation has been made.
5.4For the avoidance of doubt section 5 applies to each client (otherwise known as claimants or passengers).
5.5Any fee paid by credit or debit card that has to be refunded due to an error by the client may have the card processing fee taken from their compensation.
6.Data Protection & Compliance:
6.1Flight Delay Specialists & Been Delayed are a trading styles of Scribble Media Marketing Ltd who the Data Controller within the meaning of the Data Protection Act 1998. By using Flight Delay Specialists/Been Delayed you agree to be bound by the terms of our Privacy Statement and you give your consent to the data processing activities identified therein. Copies of our Privacy Statement are available on request.
6.2Full details of Flight Delay Specialists/Been Delayed internal complaints handling procedures are available upon request.
6.3Time limits apply to pursuing a Flight Delay and/or Flight Cancellation claim and it is important that you make a claim within 6 years from the date that you were delayed/had your flight cancelled. (If you were delayed or had your flight cancelled more than 6 years ago, please send your claim to us and we will advise you whether it will be possible to proceed. In accordance with clause 3.7, the Client will not be liable for any charge in respect of the Claim if Flight Delay Specialists/Been Delayed decide not to pursue the Claim or if the Claim is pursued and the Airline pays no Compensation.)
7.Governing Law & jurisdiction:
7.1This Agreement shall be subject to the laws and to the jurisdiction of the Courts of England and Wales.
7.2These Terms, the Step-by-Step Guide and the Authority to Act (Power of Attorney) set out the entire agreement and understanding between the Client and Flight Delay Specialists/Been Delayed in respect of the Client’s Claim. They supersede any statements, representations, understandings, undertakings and agreements (whether written or oral) made by or between us relating to your Claim.