Terms and Conditions Green Claim B.V.

Terms and Conditions Green Claim B.V.

Definitions

1.       In this document the following definitions apply:

Green Claim:
the limited liability company Green Claim B.V., also d.b.a. Green Claim, registered in the Chamber of Commerce of the Netherlands under number 52683702, established in Amsterdam;

Terms and conditions:
the present Terms and Conditions of Green Claim;

Claim:
the claim with the Airline on behalf of the Client, i.e. the air passenger, as a result of a denied boarding, cancellation or delay of a flight;

Airline:
the airline that operated the delayed or cancelled flight or was scheduled to operate the flight;

Client:
the person who instructs Green Claim, also the air passenger who holds a Claim against the Airline;

Agreement:
the Agreement between the Client and Green Claim on the basis of which the Client will authorise and/or mandate Green Claim to collect the Claim;

Extrajudicial Process:
the composing and sending of letters (of default) as Green Claim sees fit or the collection of the Claim in any other way, including (settlement) negotiations with the Airline and reaching an amicable settlement with the Airline;

Debt Collection Process:
all activities undertaken by Green Claim, in the case of a Client with a 'Pro Account' or a 'Premium Account' all activities undertaken by Green Claim after (where applicable) the submitting of the Claim with the Airline, the sending of a reminder to the Airline and the sending of a cover letter to the Airline after the enforcement authority's decision, but before the initiation of a Judicial Process, including the composing and sending of letters of default, letters before (court) action and debt collection letters by Green Claim;

Judicial Process:
the legal proceedings initiated for the Claim by and/or on behalf of Green Claim, on their own account or that of the Client, including (but not limited to) the composing of a legal summons and/or the initiation of legal proceedings against the Airline, (settlement) negotiations with the Airline and reaching an amicable settlement with the Airline.

General

1.       These terms and conditions are applicable to all agreements reached and entered into between Green Claim and the Client.

2.       Green Claim offers several services that aim to assist in the claiming of the legal compensation in the event of a delay, cancellation, overbooking or denied boarding based on Regulation (EC) 261/2004.

3.       If Green Claim decides to accept/process the Claim, it will make reasonable endeavours to collect the Claim from the Airline.

4.       Green Claim will process the Client's (personal) data with care. The Client hereby gives Green Claim permission for the processing of the personal data supplied by the Client, and for the use thereof in the context of Green Claim's usual operational management under Section 8 of the Personal Data Protection Act of Dutch law.

5.       The Client gives permission to Green Claim to provide personal data to legal partners when necessary. The Terms and Conditions are also applicable to Green Claim's legal partners and their actions and endeavours.

6.       The Client will be advised of the chances of successful collection of the Claim where possible, by means of notifications in the claim calculator and advice from Green Claim's employees. This advice by Green Claim will be given on a provisional basis; no rights can be derived from this advice. Green Claim will not provide any guarantees about the Claim's success or outcome.

7.       In addition to by email, Green Claim may also notify the Client of updates and news about the Claim and the collection by means of notifications on the 'Timeline' and messages under 'Support'. Green Claim will not notify the Client of each update or new message regarding the Claim via an email notification. Notifications and messages displayed in the Client's Account will be considered as having been read by the Client. The Client declares to have taken note of and to agree with this rule. Green Claim cannot be held accountable for any of the results of the Client's failure to (regularly) read notifications and messages placed in the Client's Account by Green Claim.

8.       Green Claim will always be entitled to not accept the Claim for processing without providing reasons and/or to cease the collection of the Claim at any moment it sees fit, regardless of whether this occurs during the Extrajudicial Process or the Judicial Process. Green Claim will not be obligated to provide any further effort or service relating to the Claim from that moment on.

9.       This Agreement will be effective until the Claim is explicitly closed by Green Claim in writing, the Claim is successfully collected, or the Agreement is prematurely terminated by the Client. In the event the Client terminates the Agreement prematurely, the terms under article 42 will apply.

Extrajudicial Process

10.       The Client authorises and/or mandates Green Claim to collect the Claim in the Extrajudicial Process, and to do all that Green Claim deems to be useful for the collection of the Claim. The authorisation and/or mandate will be issued to Green Claim in a separate agreement.

11.       In the event (a part of) the Claim is collected, the Client with a No win, no fee Account will always owe Green Claim a portion of 25% of the total amount collected.

Debt Collection Process

12.       The decision of whether a Debt Collection Process will be initiated to collect the Claim will be at the discretion of Green Claim. The decision to start a Debt Collection Process will be made by Green Claim based on the documentation (made) available to Green Claim and the information about the cause of the delay, cancellation, overbooking or denied boarding (made) available to Green Claim. Green Claim is permitted to refrain from initiating a Debt Collection Process if it believes it not to be expedient for any reason. In the case the Client has a 'Pro Account' or a 'Premium Account' with Green Claim, he or she will be required to provide additional permission for the initiation of a Debt Collection Process and subsequent Judicial Process.

Judicial Process

13.       The decision of whether a Judicial Process will be initiated to collect the Claim will be at the discretion of Green Claim. The decision to start a Judicial Process will be made by Green Claim based on the documentation (made) available to Green Claim and the information about the cause of the delay, cancellation, overbooking or denied boarding (made) available to Green Claim. Green Claim is permitted to refrain from initiating a Judicial Process if it believes it not to be expedient for any reason. For the initiation of a Judicial Process by Green Claim (whether or not as a party to the proceedings), the Client will be required to give a separate mandate to Green Claim.

14.       In the event Green Claim decides to initiate a Judicial Process, the Client mandates Green Claim to proceed to initiate legal proceedings as it sees fit (on Green Claim's own behalf and at its own risk) in order to collect the Claim, by, including but not limited to, the following means: legal proceedings, an amicable settlement or enforceable measures.

15.       In the case Green Claim or a subsidiary of Green Claim is not permitted to initiate legal proceedings in the country where the airline's head or branch office is located, these legal proceedings may if possible be initiated or carried out by a legal partner in the country in question.

16.       The Client is permitted to withdraw the instructions to initiate legal proceedings at any time. In that event, any legal expenses incurred will be charged to the Client. This also applies to instructions given to Green Claim's legal partners.

17.       The lodging of a complaint with the relevant enforcement authority and the initiation of a Judicial Process may be restricted by limitation terms. Formally, the initiation of legal proceedings against the Airline is time barred after a period of 2 years in the case of Dutch airlines, 3 years in the case of German airlines, 6 years in the case of British airlines and 1 year in the case of Belgian airlines, counting from the flight date or the date the flight was scheduled to be operated. By agreeing with the applicability of the Terms and Conditions, the Client declares to have taken note of this deadline. Green Claim cannot be held accountable for damages resulting from the possible expiration of the Claim.

Rates and payment

Rates Extrajudicial Process

No win no fee Account

18.       In the case of a No win no fee Account, no upfront fee is charged for Green Claim's services.

19.       All funds collected from the Airline after the Agreement has been entered into that relate to the Claim will be regarded as having been collected as a result of Green Claim's efforts and activities, regardless of whether the funds were collected (partly) due to the Client's efforts and activities. Green Claim will always be entitled to 25% of the claimed total with regard to funds received from the Airline.

20.       Payments made directly to the Client by the Airline must be reported to Green Claim immediately and no later than 14 days from the date the payment is received by the Client. In case of failure to comply with this rule, any expenses incurred for the collection of the funds owed to Green Claim by the Client will be charged to the Client.

21.       In the event any form of compensation other than monetary including but not limited to vouchers and Air Miles is offered by the Airline after the Extrajudicial Process has commenced but before the Judicial Process commences as settlement of (part of) the Claim, the Client will be permitted to accept this if written consent is given by Green Claim. If the value of the vouchers offered is lower than that of the Claim, the Client will be bound to pay 25% of the total value of the vouchers to Green Claim. If the value of the vouchers offered is higher than that of the Claim, the Client will be bound to pay no more than 25% of the total value of the vouchers to Green Claim.

22.       In the event the Client accepts vouchers or Air Miles instead of monetary compensation during the Extrajudicial Process, the Client will be bound to pay Green Claim 25% of the Claim amount. If the Airline offers a voucher or Air Miles of a lower value than that of the Claim, the Client will not be permitted to accept this unless expressly agreed upon with Green Claim.

Pro Account/Premium Account

23.       In the case of a Pro Account, an amount of £14,00 will be charged prior to the assessment of the Claim by Green Claim. In the case of a Premium Account, an amount of £20,50 will be charged by Green Claim.

24.       The amounts as described in article 23 of the Terms and Conditions will be refunded to the Client with a Pro or Premium Account if Green Claim is unable to successfully validate the Claim and Green Claim decides not to continue with the processing and handling of the Claim directly after the Claim is submitted.

25.       When the Claim is successfully collected as a result of Green Claim's endeavours and actions, no additional expenses will be charged to the Client with a Pro or Premium, unless the collection takes place after the Debt Collection Process is initiated. However, Green Claim may request for the Client to make a single voluntary contribution to Green Claim.

Rates Judicial Process

26.       The Judicial Process will be processed by Green Claim as it sees fit based on 'no win, no fee'. No expenses will be charged if no form of compensation is collected from the Airline.

27.       When (part of) the Claim is successfully collected, the Client will owe Green Claim 25% of the total amount collected. In the event this amount is transferred directly to the Client's bank account by the Airline, Green Claim will charge 25% of the total amount collected to the Client. If a fee was paid in advance, this amount with the value of £14,00 (Pro Account) or £20,50 (Premium Account) will be deducted from this amount.

28.       All costs, expenses and charges, including legal interest, allowed by the courts that do not fall under the capital sum will go to Green Claim, unless otherwise agreed in writing.

29.       In the event the Client accepts vouchers or Air Miles instead of monetary compensation during the Judicial Process, the Client will be bound to pay Green Claim 25% of the Claim amount. If the Airline offers a voucher or Air Miles of a lower value than that of the Claim, the Client will not be permitted to accept this unless expressly agreed upon with Green Claim.

Payment

30.       The funds received by Green Claim intended for the Client will be paid to the Client no later than 60 days after the funds and the correct bank account details are received by Green Claim, provided that these funds can be connected to the Claim with a reference number. Payments to the Client will be made to the bank account provided to Green Claim by the Client. Green Claim cannot be held liable for any damages resulting from the provision of erroneous bank account details by the Client. If any foreign bank charges an additional fee for the transfer of the funds to the Client's account, these costs will be charged to the Client. Green Claim will deduct this amount from the compensation due.

31.       All funds collected from the Airline after the Agreement has been entered into that relate to the Claim will be regarded as having been collected as a result of Green Claim's efforts and activities, regardless of whether the funds were collected (partly) due to the Client's efforts and activities. Green Claim will always be entitled to 25% of the claimed total with regard to funds received from the Airline.

32.       If the Client fails to provide his or her bank account details to Green Claim, the funds intended for the Client will be retained on Green Claim's bank account for the duration of no more than one year after these funds are collected. This year will commence once the Client is informed of the receipt of the funds intended for the Client on the email address provided to Green Claim as the Client's contact email address. Green Claim will make at least three attempts to contact the Client at the email address provided to Green Claim. After this one-year period expires, the total claimed amount will become Green Claim's property.

33.       If the Client fails to fulfil any payment owed to Green Claim, Green Claim will charge all costs associated with the collection of this payment to the Client.

Client obligations

34.       The Client declares that all information provided is accurate, complete and true.

35.       By agreeing with these Terms and Conditions via Green Claim's website, the Client declares to have informed Green Claim of all correspondence previously sent to and received from the Airline, as well as offers and discounts given or done by the Airline regarding the Claim before this Agreement was entered into.

36.       The Client will always follow Green Claim's instructions regarding the Claim. Green Claim cannot be held liable and/or responsible for the loss of time and/or the expiration of legal terms or limitation periods resulting from the Client's failure to do so.

37.       The Client will refrain from communicating directly with the Airline once this Agreement has been entered into, and throughout the entire Extrajudicial Process and possible Judicial Process, unless expressly agreed upon with Green Claim in writing. Green Claim cannot be held liable for any damages resulting from the Client's own actions toward the Airline. 

38.       The Client will always and immediately inform Green Claim of any news or developments regarding the Claim. Green Claim cannot be held liable for the Client's failure to follow this instruction or any consequences thereof.

39.       If the Client's contact details change after the Agreement has been entered into, the Client will immediately inform Green Claim of these changes. Green Claim cannot be held liable and/or responsible for the loss of time and/or the expiration of legal terms or limitation periods or for any other negative consequences resulting from the Client's failure to provide accurate contact details or the failure to inform Green Claim of any changes.

40.       The Client is not permitted to transfer the Claim to a third party at any time during the Extrajudicial Process and the Judicial Process, unless expressly agreed upon by Green Claim in writing.

41.       The Client is not permitted to terminate the Agreement prematurely at any time, unless expressly agreed upon by Green Claim in writing.

42.       In the event the Client fails to act according to articles 40 and 41 of these Terms and Conditions, or accepts an offer from the Airline without express written consent from Green Claim, the Client will owe 25% of the Claim amount to Green Claim. This amount will be required to be transferred to Green Claim's bank account within 14 business days of the date of termination and/or transferal of the Claim.

43.       With the exception of intent or gross negligence, any liability of Green Claim will be excluded. This exclusion of liability includes any (in)direct damages, immaterial damages, decline in profit and trading loss, in any which way and of whatever nature.

Force majeure

44.       Green Claim cannot be bound to fulfil any responsibility toward the Client if it is hindered to do so as a result of force majeure or a circumstance beyond its power, including those responsibilities that would fall under Green Claim's accountability under the law, a legal transaction or generally accepted standards. Force majeure includes the following: all outside factors, anticipated or not anticipated, over which Green Claim does or did not have any control, but which cause Green Claim be unable to fulfil its responsibilities to the Client. Green Claim is also entitled to invoke force majeure if the circumstances hinder (further) fulfilment of the Agreement, irrespective of whether the circumstances causing force majeure occur prior to or after the time Green Claim's work for the Client should have been completed.

45.       Green Claim will be permitted to suspend its obligations toward the Client while the force majeure persists.

Applicable law and competent court

46.       Disputes with Green Claim regarding the execution of the Agreement will be submitted to the competent Dutch court in Amsterdam. Dutch law applies to the Agreement.