VOP Draft Freeclaim 23-10-2014 ENG

8/10/2019 VOP Draft Freeclaim 23-10-2014 ENG

1/12

GENERAL COMMERCIAL TERMS AND CONDITIONS

FOR PROVISION OF FREECLAIM.EU WEBSITE SERVICES

1. INTRODUCTORY PROVISIONS

1.1. The trading company CEFT s. r. o., (formerly HV investment, s. r. o.), with its registered

office at Grsslingov 4, !! "# $ratislava (formerly H%r&anova Ves !' #" "!),

company * no.+ 44 "' -, registered in the ommercial /egister of the *istrict o%rt

$ratislava , 0ection+ 0ro, 1ile no.+ -!-23$, email address+ info5freeclaim.e%, Tel+

64'! '' !! ""!, acco%nt ($78)+ ..., $+ ..., name of $an9+ ..., acco%nt name+ ...

(hereinafter as the :Provider;) is the (i) operator of the we&sitefreeclaim.euaccessi&le

at the e&site aimed at asserting claims ofair passengers to compensation and assistance (hereinafter as the :Servi"e;) as per

/eg%lation (?) 8o. '2!3'""4 of the ?%ropean @arliament and of the o%ncil of !!

1e&r%ary '""4 esta&lishing common r%les on compensation and assistance to passengers

in the event of denied &oarding and of cancellation or long delay of flights, and repealing

/eg%lation (??) 8o. '#-3#! (hereinafter as the :Re#$%&!io';).

1.(. The @rovider here&y adopts these General Terms and onditions for @rovision of

freeclaim.eu >e&site 0ervices (hereinafter as the :Ter)s;) reg%lating rights and

o&ligations of the @rovider and of the third party A air passenger who has a claim to

compensation and assistance (hereinafter as the :C%ie'!;), in the provision of the 0ervice.

1.*. Terms and eBpressions defined or %sed in these Terms shall &e %sed and have same

meanings when %sed in other contract%al relationships &etween @rovider and lient

relating to 0ervice, %nless eBpressly otherwise agreed &etween @rovider and lient.

1.+. /eg%latory &ody responsi&le for the 0ervice s%pervision is the 0lova9 Trade nspection.

1.. The @rovider reserves the right to amend these Terms &ased %pon changes in legislation,

technical capacities of the @rovider or other factors that ens%e from the needs of the

@rovider. n the event that these Terms will &e amended the lient ac9nowledges and

agrees that always the latest version of these Terms shall &e valid and effective. The

o&ligation to give written notice of the amendment of the Terms shall &e deemed f%lfilled

&y its posting on the >e&site. The lient may at any time view the latest version of theTerms on the >e&site. f the lient contin%es to %se the 0ervice after adoption of s%ch

amendments, it shall &e %nderstood that he agrees witho%t any reservations to these

amendments. The Terms shall &ecome effective as of ! 8ovem&er '"!4, together with

any s%&seC%ent amendments thereto.

(. SERVICE

(.1. ?ach person who, as a passenger, has a claim in air traffic visDvis the operating air

carrier to compensation or assistance p%rs%ant to the /eg%lation and3or who is of the

opinion that it has s%ch claim, is entitled to apply with the @rovider, &y filling in the order
http://www.freeclaim.eu/http://www.freeclaim.eu/


2/12

via electronic form :7pplication for ompensation;, availa&le at the >e&site (hereinafter

as the :For);) for provision of the 0ervice %nder these Terms. ?ach person shall &e

entitled to apply with the @rovider for 0ervice even prior to the trip via ;1reelaim

Helpee; @rogram. >ithin the :1reelaim Helpee; @rogram the @rovider %nderta9es to

monitor all of the legitimate claims of the lient d%ring the trip. f a claim to

compensation is originated for the lient the @rovider shall contact the lienta%tomatically and inform him3her on all claims which may &e eBercised &y the lient vis-

-visthe operating air carrier. n other matters these Terms apply mutatis mutandisalso to

the 0ervice within the :1reelaim Helpee; @rogram.

(.(. 7 person who is interested in provision of the 0ervice shall fill in the 1orm his3her name,

s%rname, electronic address for delivery of electronic mail and &asic information on the

flight and shall s%&mit this information to the @rovider. $y s%&mission of the 1orm to the

@rovider it shall &e pres%med that a person have irrevoca&ly and in &inding manner

ordered the 0ervices with the @rovider and that the person f%lly comprehended the

content of the Terms and that it agrees with the Terms.

(.*. The @rovider shall send to the prospective client an a%tomatic response confirming the

receipt of the 1orm immediately %pon receipt thereof &y the @rovider.

(.+. The @rovider shall perform a preliminary assessment of the legitimacy of the claim

asserted &y the prospective client in the eBtent of &asic data a&o%t the flight and %nless

the claim asserted &y the prospective client is clearly %ns%&stantiated, it shall send to the

prospective client a confirmation of order witho%t %nd%e delay following the receipt

thereof, whereas the @rovider shall reC%est the prospective client (i) to s%&mit f%rther data

necessary for provision of the 0ervice, especially data on permanent residence and phone

n%m&er, (ii) to s%&mit the doc%ments a&o%t the flight Ee.g. &oarding pass, tic9et,

confirmation of ca%se of flight cancellation3flight delay, confirmation on provision of care(e.g. accommodation, meals, refreshment, transportation, phone call)F, and (iii) to s%&mit

a written power of attorney. The @rovider reserves the right not to confirm the order of the

prospective client received, especially in case of repeated order, %ns%ccessf%lly eBercised

claim of the lient, apparent errors in filled data etc. However, the @rovider shall always

&e o&liged to send to the prospective client a response on denial of the offer.

(.. ontract%al relationship &etween the lient and the @rovider, i.e. contract on provision of

service related to eBercising of the claim to compensation asserted &y the lient

according to the /eg%lation which will &e governed &y these Terms (hereinafter as the

:Co'!r&"!;) shall &e originated and effective %pon confirmation of the ordered 0ervice

&y the @rovider to the lient to the electronic address specified in the 1orm. The lientagrees that the @rovider commences with the provision of the 0ervice witho%t delay

following the moment of effect of the ontract.

(.-. The 0ervice provided to the lient incl%des all the activities related to (i) common

assessment of the claim to compensation asserted &y the lient p%rs%ant to the

/eg%lation, (ii) eBercising the claim to compensation asserted &y the lient p%rs%ant to

the /eg%lation with the operating air carrier, (iii) representation of the lient visDvis

the operating air carrier in the proceedings of the operating air carrier on claim to

compensation p%rs%ant to the /eg%lation, incl%ding verification of information a&o%t the

flight (if necessary) as well as (iv) legal representation of the lient o%t of co%rt and in

laws%it as a part of enforcement &y the lient of the asserted claim to compensation

p%rs%ant to the /eg%lation, incl%ding the services of possi&le enforcement within the


3/12

eBec%tion proceedings. The lient agrees that part of these activities shall &e provided &y

the partner attorney %pon discretion of the @rovider.

(.. >itho%t delay following the origination of the ontract and provision of f%rther necessary

data p%rs%ant to par. '.4 of these Terms the @rovider shall repeatedly assess the claim

asserted &y the lient from the point of view of f%lfilment of conditions for claim

p%rs%ant to the /eg%lation.

(./. f, in the @roviders opinion, the conditions for claim p%rs%ant to the /eg%lation are not

met, the @rovider shall promptly inform the lient and the ontract there&y eBpires. n

s%ch case the lient shall not &e &o%nd to pay the fee for provision of the 0ervices or any

administrative fee and shall not &e entitled to demand from the @rovider any activities

within the 0ervice.

(.0. f, in the @roviders opinion, the conditions for claim p%rs%ant to the /eg%lation are met,

the @rovider shall promptly eBercise the claim on &ehalf of the lient with the operating

air carrier and shall cond%ct the s%&seC%ent comm%nication with the operating air carrier

on &ehalf of the lient.

(.1. f the operating air carrier fails to accommodate vol%ntarily the claim eBercised &y the

lient and3or fails to provide to the lient an accepta&le offer, the @rovider shall forward

the claim to the partner attorney for its s%&seC%ent o%tofco%rt proceedings or laws%it.

(.11. 1or avoidance of do%&t, %nless otherwise agreed &etween the lient and the @rovider in

partic%lar case, it shall &e deemed that an accepta&le offer of the operating air carrier is -

of the eBercised claim. n s%ch case the @rovider shall &e entitled to a%tomatically

accept s%ch accepta&le offer of the operating air carrier on &ehalf of the lient.

(.1(. The @rovider shall ens%re that the partner attorney shall repeatedly assess the claim

asserted &y the lient, verify information a&o%t the flight declared &y the operating aircarrier and inform the lient on laws%it and on options in laws%it.

(.1*. f the partner attorney assesses that the lients claim shall li9ely not &e s%ccessf%l at the

co%rt, it shall inform the lient accordingly and neither the @rovider, nor partner attorney

shall contin%e to act in the matter. n s%ch case the lient shall not &e &o%nd to pay the

fee to the @rovider for provision of the 0ervices or any administrative fee and shall not &e

entitled to demand from the @rovider any activities within the 0ervice.

(.1+. f the partner attorney assesses that the lients claim shall li9ely &e s%ccessf%l at the

co%rt, it shall &riefly inform the lient accordingly and shall inform the lient regarding

the laws%it and3or f%rther o%tofco%rt proceedings. n addition to these Terms therelationship &etween the partner attorney and the lient shall &e governed &y the

7dvocacy 7ct.

(.1. f the partner attorney recommends the lient not to file a petition for commencement of

a laws%it or to terminate already commenced laws%it and withdraw the petition for

commencement of a laws%it and the lient disagrees, the lient shall pay to the partner

attorney all the costs arisen in the laws%it after the recommendation to the lient to

terminate the laws%it. The lient shall &e &o%nd to provide the partner attorney with the

reasona&le advance fee to contin%e in the laws%it witho%t %nd%e delay following the

receipt of the notice for payment of the reasona&le advance fee. n case of s%ccess of the

case paragraphs '.!# and '.'" of these Terms shall apply. f there is no s%ccess the lient


4/12

shall &ear the costs of the laws%it in the amo%nt as determined &y the co%rt if so

determined &y the co%rt.

(.1-.


5/12

operating air carrier as a part of the reim&%rsement of the costs of laws%it paid &y the

@rovider &elongs to the @rovider. n case of partial s%ccess this par. shall &e applied

mutatis mutandis. The details regarding the d%e date of the @artner 7ttorney laim and

the payment terms are referred to in 7rticle of these Terms.

(.(1. 0ho%ld the lient fail to s%cceed in laws%it, the partner attorney shall have no claim to

any Tariff 1ee, ash ?Bpense /eim&%rsement, Lverhead 1lat 1ee vis--visthe lient. n

case a claim to reim&%rsement of the costs of laws%it arises for the operating air carrier,

the @rovider shall pay these costs on &ehalf of the lient as a part of the 0ervice or shall

reim&%rse s%ch costs to the lient. The a&ove mentioned does not apply if the lient

insists on filing a petition for commencement of a laws%it despite of recommendation of

the partner attorney p%rs%ant to par. '.!- of these Terms.

(.((. n case the laws%it is cond%cted at the co%rt other than the general co%rt of the 0lova9

/ep%&lic, the proced%re shall ta9e place in accordance with generally &inding legal

reg%lations of a co%ntry where the laws%it is cond%cted and m%tatis m%tandis p%rs%ant to

these Terms, whereas the lient shall &e informed &y the relevant partner attorney.

*. PROVIDER8S FEE, PARTNER ATTORNEY CLAIM AND PAYMENT TERMS

*.1. The @rovider shall &e entitled to a fee for the provided 0ervices in the amo%nt of ?e&site in section @ricelist, 0pecial Lffer), the @rovider shall &e

entitled to a fee mentioned in the 0pecial Lffer. n case of ordering the 0ervice prior to

the trip via :1reelaim Helpee; @rogram the fee shall &e ?


6/12

*.-. 7t latest within - &%siness days the @rovider shall transfer the amo%nt of act%ally

collected compensation of the lients claim %nder the /eg%lation to the lients &an9

acco%nt mentioned in the 1orm red%ced &y the fee p%rs%ant to par. .! of these Terms.

The @rovider shall &e entitled to set off its receiva&le for a fee p%rs%ant to par. .! vis--

visthe lients receiva&le for payment of the act%ally collected compensation from the

operating air carrier p%rs%ant to this par. of the Terms.

*..


7/12

with the reC%ired cooperation for performance of the scope and p%rpose of the ontract.

n s%ch case the @rovider shall &e entitled to charge to the lient administrative fee for

the 0ervice provided of ?ithdrawal from the ontract res%lts in termination of all rights and o&ligations from the

ontract eBcept for the @artner 7ttorney laim for provided services eBercised p%rs%ant

to par. '.! of these Terms which will &e paid to the partner attorney in accordance with

these Terms. The a&ove mentioned does not apply to withdrawal &y the lient p%rs%ant to

par. 4.- of these Terms.

. COMMUNICATION

.1. The lient agrees with s%&mission of information related to provision of the 0ervice to

electronic address mentioned in the 1orm. omm%nication &etween the @rovider and thelient in providing the 0ervice ta9es place eBcl%sively &y electronic mail to the electronic

addresses of the lient and the @rovider mentioned. /egardless of the a&ove mentioned,

the lient shall have option to &e informed on the stat%s of its claim, to &e informed on

any complaint and claim even &y phone in the @roviders call centre.

.(. The lient &ears the costs of connection to the internet networ9 and for comm%nication

with the @rovider in relation to the provision of the 0ervice.

-. PROTECTION OF PERSONAL DATA

-.1. $y s%&mission of the order to the @rovider the lient honestly declares to grant a consent

p%rs%ant to I !! par. ! of 7ct 8o. !''3'"! oll. on @ersonal *ata @rotection as amended

(hereinafter as the :PDPA;) to processing and storing &y the @rovider of its personal data,

especially those listed in the 1orm and those necessary for the @roviders activities and to

processing thereof &y the @rovider in all of its information systems. 7t the same time the

lient honestly declares to grant its consent to the @rovider to processing of its personal

data as well as to cross&order transmission of personal data to the Mech /ep%&lic as

?%ropean


8/12

doc%ments for s%ccessf%l collection of the lients claim %nder the /eg%lation, for the

p%rposes of collection via laws%it of the compensation via partner attorney or collection

via eBec%tion proceedings and for the p%rposes of mar9eting of the services provided &y

the @rovider or the ones &ro9ered &y the @rovider. The @rovider shall &e o&liged to handle

and dispose the lients personal data in accordance with applica&le legal reg%lations of

the 0lova9 /ep%&lic.


9/12

/ep%&lic, or an 7ct, the @rovider shall advice the data lient

the legal &asis which imposes this o&ligation, and shall warn

the lient of the conseC%ences of ref%sing to provide the

personal data,

third parties, provided that it is eBpected or clear that personal

data will &e provided to them, gro%p of recipients, provided that it is eBpected or clear that

personal data will &e made availa&le to them,

form of ma9ing p%&lic, provided that personal data shall &e

made p%&lic,

third co%ntries, provided that it is eBpected or clear that

personal data will &e transmitted to these co%ntries

-..


10/12

violated &y the processing of personal data in a partic%lar caseN if it is proved that the

legitimate reasons do not prevent it and the o&Pection of the lient is valid, the @rovider

shall &e o&liged to &loc9 the personal data, the processing of which was o&Pected &y the

lient witho%t %nd%e delay and erase them as soon as possi&le, provided the

circ%mstances allow so.

-.11. The lient shall &e f%rther entitled anytime %pon a written reC%est in the form of

electronic mail to o&Pect to the @rovider and ref%se to s%&mit to the @roviderOs decision,

which wo%ld prod%ce legal effects on the lient or significantly affect the lient,

provided that s%ch decision is &ased solely on the acts of the a%tomatic processing of the

lients personal data. The lient shall &e entitled to reC%est the @rovider for eBamination

of the iss%ed decision &y a method other than the a%tomatic processing, whereas the

@rovider shall &e o&liged to satisfy the reC%est of the lient in s%ch manner that the

entitled person shall have a decisive role in the eBamination of the decisionN the @rovider

shall inform the lient a&o%t the manner of eBamination and the o%tcome of the

@roviders finding at latest within " days from the receipt of the reC%est. The lient shall

&e deprived of the a&ove right only if so stip%lated &y a special law which reg%lates the

meas%res for sec%ring the legitimate rights of the lient or if the @rovider iss%ed a

decision satisfying the reC%est of the lient d%ring the precontract%al relationship or in

the co%rse of eBistence of contract%al relationship or if the @rovider adopted other

adeC%ate meas%res to ens%re the lients legitimate interests.

-.1(. f the lient claims its right

!. in a written form and it is clear from the content of his reC%est that he claims his right,

the application is considered as s%&mitted p%rs%ant to this 7ctN the application

s%&mitted via electronic mail or faB shall &e delivered &y the lient in a written form

not later than in three days from the date of its eBpedition,'. in person, ver&ally into the min%tes, from which it m%st &e clear who eBec%tes a right,

what right is he eBec%ting and who and when created the min%tes, his signat%re and

the signat%re of the lientN the @rovider shall &e o&liged to deliver a copy of the

min%tes to the lient,

. at the processorQs p%rs%ant to s%&par. ! or ' of this par., the lient shall &e o&liged to

deliver this reC%est or the min%tes to the @rovider witho%t %nd%e delay.

-.1*. n case of s%spicion that personal data are processed witho%t a%thoriMation the lient may

file a petition for commencement of the proceedings on protection of personal data with

the Lffice of @ersonal *ata @rotection of the 0lova9 /ep%&lic.

-.1+. The lients reC%est p%rs%ant to this 7rticle shall &e processed &y the @rovider free of

charge eBcept for payment in the amo%nt which may not eBceed the amo%nt of reasona&ly

inc%rred material eBpenses related to ma9ing copies, acC%iring of technical media and

dispatching the lients information, %nless otherwise provided &y separate law.

-.1. The lient agrees that in accordance with I !- par. ! letter &) of @*@7 the @rovider may

process the lients personal data for the p%rposes mentioned in par. 2.. of these Terms

also via processors (partner attorney, acco%nting firm).

-.1-.


11/12

. OT9ER RIG9TS AND OBLIGATIONS OF CLIENT AND PROVIDER

.1. The @rovider does not g%arantee contin%o%s and flawless operation of the >e&site and its

sec%rity and is not lia&le for any loc9o%ts of the >e&site for reasons of force maPe%re.

.(. The @rovider reserves the right to ma9e interventions into the >e&site or changes and

modifications thereof witho%t prior notification of lient or /ecipient.

.*. The @rovider shall not &e responsi&le for any lientOs damage ca%sed &y a third party

who &y %sing force or errors in lientOs applications or settings infiltrated the >e&site and

ca%sed damage or copied, changed or deleted lientOs saved data. The @rovider shall also

not &e responsi&le for damage ca%sed &y a third party who, not &y @roviderOs fa%lt, gains

%na%thoriMed access to a comp%ter system, to an information carrier or its part and who

&y inserting, transferring, damaging, deleting, lowering its C%ality, amending or &y

s%ppressing the comp%ter data o&str%cts the f%nctioning of the comp%ter system or creates%na%thentic data with the intent that it &e considered or acted %pon for legal p%rposes as if

it were a%thentic, this even in cases where s%ch action does not constit%te an offense

%nder the riminal ode.

.+. The responsi&ility of the @rovider for the content of transmitted data is governed in I 2 of

7ct 8o. ''3'""4 oll. on ?lectronic ommerce, and on the amendment and

s%pplementing of 7ct !'3'""' oll. on 0tate ontrol of nternal Jar9et in the

ons%mer @rotection ss%es, and on the amendment and s%pplementing of certain laws, as

amended &y 7ct 8o. '43'""' oll.

.. The lient represents that information and doc%ments provided to @rovider are complete,

correct and tr%e. The lient shall inform the @rovider witho%t %nd%e delay of any changes

in details provided in the 1orm.

.-. The @rovider does not g%arantee that the asserted claim to compensation as per the

/eg%lation will &e enforced.

.. The @rovider shall not &e entitled to engage another person to assert and enforce its claim

for as long as the ontract is valid.

./. osts of changes in eBchange rates shall &e &orne &y the lient. n the event that s%ch

costs were paid &y the @rovider, then the @rovider shall &e entitled to charge them to the

lient together with the fee, provided that s%ch costs in aggregate are in eBcess of ?


12/12

8o. ''3'""4 oll. on ?lectronic ommerce, and on the amendment and s%pplementing of

7ct !'3'""' oll. on 0tate ontrol of nternal Jar9et in the ons%mer @rotection

ss%es, and on the amendment and s%pplementing of certain laws, as amended &y 7ct 8o.

'43'""' oll., as later amended (hereinafter as the :E%e"!ro'i" Co))er"e A"!;).

/.*. =egal relations (rights and o&ligations) &etween the @rovider and a lient who is a

cons%mer that are not dealt with &y these Terms shall &e governed &y applica&le legal

reg%lations, foremost &y the provisions of 7ct 8o. 4"3!#24 oll. ivil ode, as later

amended, 7ct 8o. '-"3'"" oll. on ons%mer @rotection, and on the amendment of 7ct

'3!##" oll. on /eg%latory Lffences, as later amended, 7ct 8o. !"3'""" oll. on

ons%mer @rotection in *oorstep 0elling and *istance 0elling and ?lectronic ommerce

7ct.

/.+. n the event of any disp%te arising o%t of or in connection with the legal relationship

reg%lating the %se of the >e&site, each @arty may assert its claims at the general co%rt of

the @rovider as per respective provisions of 7ct 8o. ##3!#2 oll. ode of ivil

@roced%re, as later amended.

Documents

VOP Draft Freeclaim 23-10-2014 ENG