Terms & conditions-sk
Zmluvné podmienky
1. Terminology
1.1. AirLaw.Pro -is an internet portal designed to protect the rights of passengers violated during domestic and international air transportation.
1.2. AirLaw.Pro, s.r.o. – is a legal entity with its registered office at Zahradnicka 64, 821 08 Bratislava – city region Old city, Slovak Republic, Company Identification No. 46828273, registered in the Commercial Register maintained by the District Court Bratislava I, Section: Sro, File No. 34714/T
1.2. AirLaw.ProExperts – are international air law professionals, international lawyers, as well as specialized professionals who deal exclusively with the problems of passengers arising during their air transportation.
1.3. Power of Attorney – a written document by which the Client gives AirLaw.Pro the right to act on his behalf and represent interests in all private and public authorities in the territory of European Union, Ukraine, Slovakia, Israel and in any other country of the world, solely for the purpose of protecting Client’s violated rights during the air transportation.
1.4. Client– person(s) that has accepted these Terms and Conditions.
1.5. Compensation – the money paid by the air carrier in favor of the Client (s) in accordance with the provisions of the legal acts on the protection of passengers’ rights. As a result of the Contractor’s actions under this Agreement, compensation shall also be deemed provided by the air carrier with alternative types of compensation for the inconvenience, including but not limited to: the right to use another flight free of charge or in the future, the purchase of goods, works or services of the air carrier or third parties with a discount or certificate or voucher, etc. Compensation shall not be considered any payments or reimbursement of court costs, enforcement fees, interest paid by the Contractor in connection with the performance of this Agreement.
1.6. Regulations on the protection of passenger rights– Warsaw Convention (1929), Montreal Convention (1999), EC Regulation No 261/2004, Air Code of Ukraine, Air Passenger and Luggage Regulation No. 735 (2012), Law of Ukraine “On protection of consumer rights “and others.
1.7. Carrier or the air carrier– an entity that provides services for the carriage of passengers, baggage, cargo by air.
1.8. Claim– any claim against an air carrier for monetary compensation pursuant to Regulations on the protection of passenger rights.
2. General conditions
2.1. These Terms and Conditions determine the procedure for the provision of services by AirLaw.Pro, s.r.o. through the AirLaw.Pro Internet portal described in Section 3.
2.2. A Client who, personally or through an authorized person, has filled out a form on the Internet portal and has submitted an application for preparation by AirLaw.Pro experts of a complaint to the air carrier, unconditionally agrees to all the provisions of these Terms and Conditions.
2.3. After registering on the AirLaw.Pro web site or submitting an application for the preparation of a claim, the Client shall terminate any direct communication with the air carrier and other third parties directly or indirectly related to its disputed carriage. In case of finding out or receiving any additional information about the incident during the transportation and which is essential for the consideration of its case, the Client is obliged to immediately transmit this information to AirLaw.Pro.
2.4. Any sums of money and / or other types of compensation received by the Client from the air carrier or third parties in connection with the positive consideration of the claim prepared by the AirLaw.Pro experts is the result of the services provided by AirLaw.Pro. Consequently, the Client is obliged to “pay within 10 (ten) calendar days AirLaw.Pro’s funds for services rendered in the amount of 25% (twenty-five percent) of the total amount of compensation.
2.5. In the absence of legal grounds for receiving compensation or other compensations, AirLaw.Pro reserves the right to refuse to prepare claims against the air carrier in the interests of the client-passenger, which will be reported to the latter within three days.
3. Services of AirLaw.Pro
3.1. The Internet portal AirLaw.Pro was created to protect the rights of passengers violated by the air carrier or its authorized persons during domestic and international air transportation.
3.2. After receiving the application and copies of shipping documents from the Client, AirLaw.Pro experts conduct a legal assessment and prepare pretentious appeals depending on the declared case:
– improper passenger transportation (flight delay, cancellation, refusal of transportation, reduced class of service, injury on board, etc.),- improper transportation of luggage (baggage delay, damage to luggage, loss of luggage, loss of luggage, etc.),
– improper carriage of goods (delay of cargo, damage to cargo, loss of cargo, loss of part or damage to cargo due to non-compliance with its transportation requirements).
3.3. AirLaw.Pro experts make every effort and use all available legal measures to resolve claims and receive compensation on pre-trial procedure. If the correspondence with the air carrier or its representatives did not bring a positive result, the latter refuses to voluntarily pay compensation to passengers in the pretrial order, AirLaw.Pro experts, with the consent of the Client, can initiate the resolution of a dispute regarding the payment of Compensation in court. After the Client agrees to initiate legal proceedings against the air carrier, AirLaw.Pro experts, independently or with the participation of a third party prepare a lawsuit. At the same time, the Client undertakes to draw up, issue, sign, certify and provide all the necessary documents that the court may require, and which have not been provided by the Client earlier (for example, but not limited to, the court may require a new text of the power of attorney and / or require notary to certify the power of attorney).
4. Payment for Services and Commission
4.1. AirLaw.Pro is entitled to a fee (commission) under this Agreement only in the event of a positive review of the case and payment by the carrier of compensation. If the carrier refuses to pay compensation, the Client is not obligated to pay for the services of AirLaw.Pro experts.
4.2. In the case of pre-litigation settlement of passenger claims, the compensation of AirLaw.Pro is 25% (including VAT), which is deducted from the total amount of compensation. In the event of the Client’s case being brought to court, his / her interests will be represented by the AirLaw.Pro Partner Attorneys. The cost of the lawyer’s services will be included in the total amount of the claims and will be reimbursed by the passenger in favor of AirLaw.Pro, after the court decision comes into force.
4.3. A court decision in which the Client receives only part of the Compensation or reimbursement, AirLaw.Pro withholds a fee of 25% (including VAT) of the amount received by the Client by court decision.
4.4. Regardless of the procedure for resolving passenger claims (in pre-trial or judicial proceedings), AirLaw.Pro receives funds from the carrier and, after withholding a commission and additional legal expenses, pays the remaining compensations to the Client as soon as possible.
4.5. The customer must provide correct information to AirLaw.Pro about his bank account in order to transfer the refunds belonging to him. AirLaw.Pro covers all costs associated with the transfer of compensation to the Client’s bank account, but does not cover the Client’s expenses for receiving funds from the bank.
4.6. In case of payment Compensation by the air carrier directly to the Client, the latter is obliged to send an AirLaw.Pro compensation within the shortest possible time (within 5 days). If the Client receives compensation in the form of vouchers, checks, coupons, tickets, certificates, etc. from the carrier company, the Client is obliged to notify AirLaw.Pro without delay.
5. Data protection
5.1. AirLaw.Pro company respects the confidential (personal) information of every person, who visited the site, as well as those who use the services provided by the site, and therefore, AirLaw.Pro seeks to protect the confidentiality of personal data (information or a collection of information about an individual who is identified or can be specifically identified), thereby creating and ensuring the most comfortable conditions for using the site’s services for each user.
5.2. When using the services of the AirLaw.Pro website, the Client’s data is processed, namely: data provided by the Client, both when filling out registration forms and in the process of using the services; Cookies IP addresses and settings of Internet browsers.
5.3. AirLaw.Pro uses the personal data provided by the Client to verify the latter’s ability to receive Compensation and to prepare appropriate claims against the air carrier. Any personal data is collected in accordance with the General Regulation on the protection of personal data, EU Regulation No 2016/679.
5.4. AirLaw.Pro does not collect any information subject to legal requirements, such as racial or ethnic origin, political, religious or ideological beliefs, membership in political parties or trade unions, criminal convictions crime or sentencing, as well as health, sexual, biometric or genetic data.
5.5. AirLaw.Pro collects site visit statistics. The information may include information about connections, traffic, the user’s browser, as well as the date, time, length of time spent on the Internet and time on the site.
6. Personal data protaction
6.1. AirLaw.Pro uses generally accepted standards for technological and operational protection of information and personal data from loss, misuse, alteration or destruction. However, despite of all efforts, AirLaw.Pro cannot guarantee absolute protection against any threats that occur outside the scope of AirLaw.Pro’s regulation.
6.2. AirLaw.Pro ensures that all relevant confidentiality obligations are applied, as well as technical and organizational security measures, to prevent unauthorized or unlawful disclosure or processing of such information and data, their accidental loss, destruction or damage.
6.3. The dissemination of personal data without the consent of the personal data subject or a person authorized by him is allowed in cases specified by law, and only (if necessary) in the interests of national security, economic welfare and human rights.
6.4. AirLaw.Pro transfers personal data to a third party only in the following circumstances:
1) if the Client has given its consent;
2) if the purpose of this data transfer is directly related to the purpose for which the personal data were initially collected;
3) if necessary for the preparation, clarification and execution of the Contract with the Client;
4) if it is required due to a legal obligation, administrative or court order;
5) if it is required for the establishment or protection of legal claims or in defense of court actions;
6) if it serves the prevention of misuse or other illegal activities, such as deliberate attacks, to ensure data security.
7. Data and information from the Client
7.1 On request by AirLaw.Pro, the Client or his/her fellow passengers will provide AirLaw.Pro with all data or information that is required for the execution of the Agreement. The Client warrants that the data and information provided is correct, complete and true, and where applicable, given with the consent of the fellow passengers.
7.2 The Client agrees to fully indemnify AirLaw.Pro in all respects for all third-party claims including, but not limited to, incorrect Client communications, provision of incorrect data/information and fraudulent conduct.
7.3 In case of incorrect data/information and fraudulent conduct, AirLaw.Pro 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.
8. Right of withdrawal
8.1 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.
8.2 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 communicated 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 event have completed the service you requested. The withdrawal can be sent to:
Zahradnicka 64,
821 08 Bratislava, Slovak Republic
or е-mail: office@airlaw.pro
9. Final Provisions
9.1. AirLaw.Pro has the right to make changes to these Terms and Conditions and to set additional terms at any time without prior notice and agreement with the Client. However, changes that may have adverse effects on the Client may only be accepted by prior agreement with the Client.
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