The present Conditions of use are an agreement between you (as a user of the website or a customer) and ClaimCompass, Inc. (“ClaimCompass”) as operator of the website www.claimcompass.eu. The agreement regulates the terms under which ClaimCompass offers the information, software and services on its website. The services of ClaimCompass are only offered in cases where the customer has accepted the present Conditions of use.
1. Terminology
1.1. "Agreement": agreement between the client and ClaimCompass, which has been entered into after the client has read and accepted the Conditions of use.
1.2. “ClaimCompass”: ClaimCompass LTD, having its address at 4 Chervena stena Str., 1st floor, 1421 Sofia, Bulgaria.
1.3. "Power of attorney": the document, whereby the Client, subject to the terms and conditions therein, allows ClaimCompass to represent them before the airline and other institutions in relation to their Claim.
1.4. "Claim": any claim against an airline for monetary compensation pursuant to the right of compensation according to European Regulation 261/2004.
1.5. "Client": person, that has accepted these Conditions of use.
1.6. "Compensation": total amount of money to be paid by an airline pursuant to a court order or decision by another empowered authority or offered as payment by an airline, arising from any actions made by ClaimCompass in relation to a claim.
1.7. "Regulation 261/2004": European Regulation 261/2004 of the European Parliament and the Council from 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.
1.8. "Compensation calculator": page of the website www.claimcompass.eu where every client or user can unbindingly calculate the probability and the possible amount of compensation. The amount of the compensation showing on the end page of the form is not legally binding and does not represent an offer for a contract.
1.9. “ClaimCompass commission”: a commission equal to 35% (incl. VAT) of the total Compensation amount.
1.10. “Legal action”: filing a Claim with a court, or handing over a Claim to a contracted legal representative, such as an attorney or law firm.
1.11. “Legal action commission”: a commission equal to 15% (incl. VAT) of the total Compensation amount that is charged together with the ClaimCompass commission in the case of a Legal action.
1.12. "Ticket refund fee": a fee amounting to €19.99 that the Client pays upfront when submitting a Claim for a ticket refund following a cancellation of a flight.
1.13. "Montreal convention": the Convention for the unification of certain rules for international carriage by air from 1999.
2. General applications
2.1. The Conditions of use are binding for all clients. By clicking on the box "I have read and agree with the Conditions of use" the client agrees with, fully accepts and obliges himself to act in accordance to the Conditions of use.
2.2. The identification of the client with the aim of recreation of his statement about the acceptance of the Conditions of use, as well as about entering the agreement is executed by checking the log files of the server of claimcompass.eu, saving the IP address of the client, as well as other relevant non-personal data in accordance with our Privacy policy.
3. Agreement
3.1. After filling up all fields on the page "Compensation calculator", reading and agreeing with the Conditions of use and sending the form to our system the client makes a legally binding offer for a contract to ClaimCompass. An Agreement shall exist only if ClaimCompass accepts to pursue the Client’s Claim.
3.2. The Client warrants that the Claim has not been assigned to a third party and that no legal dispute is pending or is expected between the Client and the airline in the same matter. After signing the Power of Attorney, the Client agrees not to hire other parties to pursue the Claim, nor assign it to anyone other than ClaimCompass. Any existing engagements or assignments, if any, must be cancelled before signing the Power of Attorney.
3.3. The Agreement terminates when:
3.3.1. the Compensation has been paid in full to ClaimCompass by the airline and the agreed part of the Compensation has been transferred to the Client after the deduction of all applicable fees,
3.3.2. the Compensation has been paid in full to the Client by the airline and the Client has paid the ClaimCompass Commission and, when applicable, the Legal action commission to ClaimCompass, or
3.3.3. ClaimCompass has established that the Claim should not be pursued after conducting an in-depth review of the case and has advised the Client that such Claim will not be pursued.
4. ClaimCompass' services
4.1. ClaimCompass takes care of the successful enforcement of a Compensation for air passengers on basis of European Regulation 261/2004 and the Montreal Convention and charges the ClaimCompass commission equal to 35% (incl. VAT) of the total Compensation amount if the Compensation is successfully received. ClaimCompass also assists Clients with ticket refund Claims and charges a Ticket refund fee amounting to €19.99 upfront, independent of the outcome of the Claim.
4.2. In order to secure Compensation from the airline, ClaimCompass checks if the Claim is eligible, compiles all documents to file the Claim to the airline, tries to reach an out-of-court settlement and, in certain cases, escalates the Claim to other institutions (National Enforcement Bodies or Alternative Dispute Resolution bodies). If none of these measures lead to success, or in cases where the airline rejects ClaimCompass’ representation all together, ClaimCompass will initiate Legal action, filing the Claim to a court, or handing over the Claim to a contracted legal representative, such as an attorney or law firm. In the event that Legal Action is undertaken and the Compensation is paid, ClaimCompass charges the Legal action commission in addition to the ClaimCompass commission, to cover the additional costs of the Legal action. ClaimCompass does not charge a ClaimCompass commission, a Legal action commission or any other service fees if the claim is unsuccessful.
4.3. The amount of the compensation calculated in the "Compensation calculator" on claimcompass.eu is not a legally binding offer for a contract. The price of the services of ClaimCompass is deducted from the amount of the compensation paid by the airline in the case of a successful enforcement of the claim.
4.4. To pursue the Claim successfully, ClaimCompass needs the Client’s signed Power of attorney, which he/she can send to ClaimCompass via the web form, via email or using postal service.
4.5. In cases of incorrect information and fraudulent conduct, such as placing an invalid or forged signature, ClaimCompass reserves the right to terminate the Agreement effective immediately and without prior notice. If the Agreement is terminated in accordance with this paragraph, the Client will not have any right to compensation of any kind.
5. Payment and commission
5.1. ClaimCompass only receives commission if the claim is successfully enforced. In the case of no compensation for the customer he/she is not bound to pay for the efforts and services of ClaimCompass.
5.2. In cases where the Client is referred to ClaimCompass by a third-party partner, the ClaimCompass commission and, when applicable, the Legal action commission may be different as specified in the partner Terms and Conditions.
5.3. In the case of a court procedure which decides that the client should only receive part of the compensation ClaimCompass deducts its commission alone from this amount and not from the full amount which was claimed in front of the court.
5.4. ClaimCompass has the right to deduct the ClaimCompass commission and, when applicable, the Legal action commission from the full amount of the Compensation before transferring it or paying it out in another way to the Client.
5.5. Right after receiving the compensation from the airline ClaimCompass is obligated to pay the agreed amount to the client in the shortest period possible.
5.6. The client is obliged to share his/her bank details with ClaimCompass so that a transaction may be executed. ClaimCompass is obliged to use the most inexpensive way of bank transfer. If the client has an account in the Single Euro Payments Area (SEPA), all payments will be sent to that account. All payments to clients who do not have a SEPA account will be payed out via PayPal. All costs than may result from the transaction are borne by the client.
5.7. Should the Compensation be received in full by the Client, the Client is obliged to transfer the ClaimCompass Commission and, when applicable, the Legal action commission, upon request and without delays. If the Client receives any direct payments or any other compensation from the airline after entering into the Agreement, the Client shall be obliged to advise ClaimCompass without delay. The ClaimCompass Commission and the Legal action commission are non-refundable. The Client agrees not to charge back any credit card payments for services rendered. In the event that a Client files a charge back or other payment dispute, they will be considered to be in violation of the present Conditions of use and may be subject to collection action.
5.8. If the Client has provided wrong or insufficient bank information to receive the compensation, or has not provided any bank information, ClaimCompass will make reasonable endeavors to contact the Client and receive their correct bank information, including email reminders and other means of communication. If the Client fails to provide their payment information within 12 months after ClaimCompass' first email notification about the successfully received compensation, ClaimCompass shall be entitled to keep the part of the compensation that otherwise should have been transferred to the Client.
6. Rights and obligations of the client
6.1. The Client has the right to visit the pages on the website claimcompass.eu and to make offers for entering an agreement with ClaimCompass.
6.2. The client has the right to receive information about the status of his/her claim via his user profile on the website.
6.3. The client bears full responsibility for protecting his username and password from third persons. The client has the responsibility to immediately inform ClaimCompass if a breach of his privacy on the website comes to his attention so that ClaimCompass may take all necessary measures to secure the account.
6.4. The client is obliged to help the enforcement of the claim with actions such as providing his/her flight information, tickets, reservation information to ClaimCompass. The client is obliged to forward every relevant piece of information which can influence his/her claim. The client is obliged to inform ClaimCompass immediately if the airline tries to contact him/her directly or sends him/her a voucher in spite of the compensation.
6.5. After entering into agreement with ClaimCompass the client is obliged to not use the services of any other companies or agents who offer the same services as ClaimCompass. The client is obliged to not undertake any further individual action against the airline. If the client wishes to undertake such an action, it can only take place with the written permission of ClaimCompass.
6.6. The client has the right to break the agreement with ClaimCompass at any time before the successful enforcement of his/her claim. The conditions for a withdrawal are regulated in Section 8 of the present Conditions of use.
7. Rights and obligations of ClaimCompass
7.1. ClaimCompass has the right to refuse to enter into an agreement with a client who directed an invitation to ClaimCompass.
7.2. The Conditions of use can be changed at any time by ClaimCompass. ClaimCompass has the obligation to notify all clients and users of the changes by posting information about the change on a visible place on the website and giving the clients sufficient time to take note of the changes.
7.3. ClaimCompass saves the right to restrict the access to the website claimcompass.eu for users, as well as to modify or terminate some of its services.
7.4. ClaimCompass saves the right to terminate its services to a client if the client violates his/her obligations regulated in Section 6.5. of the Conditions of use.
8. Consumer's right of revocation and cancellation policy
8.1. Every client who has entered into an agreement with ClaimCompass has the right of revocation of the services without the need to specify any reason within 14 days after the agreement has been concluded. The withdrawal can be sent to ClaimCompass in any written form (letter, email) and does not need to be formal. For their convenience, clients may use this form.
8.2. The client has no right to rescission if the agreement has been fully performed by both parties upon their express request before the client has exercised his/her right of rescission.
9. Final provisions
The law of the Republic of Bulgaria to the exclusion of the UN Convention on Contracts for the International Sales of Goods applies.
Latest update: 19.02.2020
