General Terms and Conditions
The General Terms and Conditions section defines the relationship between L8 Flight and users and customers…
Object and definitions (1)
1. L8Flight SARL (hereafter “L8Flight”), incorporated in the canton of Geneva, Switzerland, offers claim services as an agent for the signatory of these terms and conditions (the “GTCs”) in respect to air transportation and the enforcement of the signatory’s rights (the “Claim(s)”) to financial compensation as defined in the EU Regulation 261/2004 on Air Passenger Rights or other regulations, such as but not limited to, the Montreal Convention on Air Transportation, in accordance with the following provisions (hereafter referred to as “the Regulations”).
2. The service is offered on a success basis only with no commitment either financial or else from the parties to these GTCs, with exception of provisions of article 3 al 2 and cancellations as governed by Art 6 al 7.
3. The presentation of services provided by L8Flight on its websites (www.L8flight.com and www.L8flight.ch , hereafter the “Website” or “Websites”) does not represent a binding offer to conclude a contract nor does the calculation or estimate displayed upon flight entry verification on the Website represent a binding contract. L8Flight will submit claims on a “best effort” basis with no guarantee of success. In particular, the online compensation calculator does not represent a binding offer to conclude a contract nor is it a commitment to success.
5. Where taken together, L8Flight and the Client shall be referred to as the “Parties”.
6. By signing the Mandate to L8Flight, you agree to the performance of this Contract and the validity of its contents.
7. The “Airline” is the air carrier from who L8Flight will claim compensation.
8. The Contract with L8Flight terminates when the Client is informed in writing or in electronic form that the Claim is settled or that L8Flight has determined the Claim to be pointless after due assessment.
9. The Contract may also be terminated for good cause at any time by you or by us with immediate effect. L8Flight reserves in particular the right to termination if you violate any of the duties specified in these general terms of business. Cancellations are governed by Art 6 al 7.
10. These GTCs are made available on L8Flight’s Websites.
11. L8Flight is entitled to refuse Claims without stating reasons. In case of refusal, the Claimant will be notified as soon as possible.
12. In accepting these GTCs the Client hereby agrees that L8Flight is authorized to delegate the Claim to any third party deemed necessary by L8Flight to ensure best execution.
13. The Client(s) hereby assign his/their Claim(s) against the Airline to L8Flight under the express condition that L8Flight will reimburse to the Client(s) the Compensation received from the Airline upon payment by the Airline, after deductions of L8Flight’s commissions and eventual applicable taxes.
14. With regards to Data Protection, Client is bound by L8Flight’s Data Protection rules, available on the Websites. These rules notably waive protection for data transfers abroad for the purpose of L8Flight’s performance of its mandate and allow L8Flight to request from the relevant Airline to divulge personal data which is in the Airline’s possession to L8Flight for the purpose of performing the mandate given to L8Flight.
15. The Client gives full discretion to L8Flight to decide on his behalf and that of fellow passengers if a proposition made by the Airline should be accepted and made definitive. Client may not subsequently claim for additional compensation. The Client commits to declare all forms of compensation already received from Airline whether cash compensation or compensation made in other forms. Failure to declare may lead to Client’s liability towards L8Flight.
16. Use of web services, intellectual property rules and other relevant rules are part of these GTCs are made available on L8Flight’s Website(s).
17. Client hereby accepts that all correspondence between L8Flight and Airline or third parties are confidential. Under no circumstances will copies be transmitted to Client.
Business language (2)
1. Where these GTCs are translated into a language other than English, that translation shall be for reference only. In the event of any conflict between a non-English language version and the English language version of these GTCs then the English language version shall take precedence.
2. Similarly, any form of communication, including in a language other than English does not have legal validity.
Client Proof of identity (3)
1. L8Flight may require proof of identity from the Client. By accepting these GTCs, Client commits to send a scanned copy of any required Identity Document if, as and when required by L8Flight. Usual identification documents for travelers are usually a valid passport but may be replaced by other identification documents at L8Flight’s discretion.
2. Should Client not send such document when requested, L8Flight reserves the rights to suspend or even cancel the submission and Client will be sent a handling fee of EUR 50 (Fifty euros).
3. Identity Documents sent to L8Flight are kept on a secure and encrypted server based in Switzerland.
Fees and commissions (4)
1. The Client agrees to pay L8Flight a commission (hereafter also referred to as “Commission” or “Fee”) in an amount reflecting the percentage of the Compensation owed to L8Flight pursuant to Article 4.2. This Commission can also take the form of collected monies retained by L8Flight or monies recovered by L8Flight from Client if the Compensation has been collected by Client. Basis for calculating the success-based Commission is all that the full amount of monies paid by the Airline due to our activity. Insofar as you agree to receive the Compensation in kind (for example flight vouchers) instead of cash, L8Flight is entitled to a success-based commission based on the value of the benefit in kind, unless the Parties agree otherwise. The entitlement to the success-based Commission shall also apply if the payment/benefit in kind has been provided directly to you.
2. Unless differently agreed upon in a separate contract that must be in written form and duly signed by L8Flight, the fee is 25% (twenty-five percent) of the Compensation collected with regards to the Claim submitted to L8Flight and whether collected by L8Flight directly or by delegation of its authority or any other means. The Commission is due for any monies collected with regards to the Claim submitted from the day these GTCs come into force.
3. Should administrative fees be rightfully levied by the Airline, L8Flight’s fee calculation is based on the gross amount of the reimbursement. For clarity, follow this example: Reimbursement EUR 100, Airline Administrative fee 15 EUR, L8Flight Fee will amount to 25 Euros (plus VAT, if applicable), Client will receive 60 Euros (Assuming no VAT).
4. Should only a part of the Compensation amount, claimed by us initially, be recovered, we calculate the success-based Commission only out of the partial amount recovered.
5. All Claims are subject to a minimum Fee of EUR 20, only payable if L8Flight is successful in recovering Compensation for the Client.
6. If our enforcement efforts are not met with success, there are no costs for you. This also applies, if legal services are employed by L8Flight to recover Compensation, unless agreed otherwise.
7. L8Flight may decide at its full discretion to mandate legal representation to further pursue Clients’ Claims without written acceptance from the Client. The Client shall not incur additional costs or deductions unless agreed otherwise in a separate agreement. Such an agreement may take an electronic form if so decided by L8Flight.
Payments, Billing (5)
1. The Client hereby authorizes L8Flight to deduct the success-based commission and applicable Taxes levied on services by the Canton of Geneva or the Swiss Confederation directly from monies received from Airlines in settlement of the claim L8Flight has submitted to them.
2. The Client must give us details of his bank account to which we can make a SEPA transfer. Upon reception of the client’s payment instructions and required documents, L8Flight commits to validate payment instructions to you within less than 30 days of reception of the claims monies from Airline.
3. It is the responsibility of the Claimant, when acting on behalf of fellow passengers, to remit to them the monies received from us and paid to the Claimant. Refunds received on the base of compensation for delayed flights (or cancelled flights) are to be split according to each passenger’s entitlement. As for the reimbursement of expenses or abandoned flights, the monies are due to the person who actually made the initial payment. L8Flight declines any responsibility vis a vis fellow passengers that assigned their Claims to our Client(s).
4. Should the responsible Airline make payments directly to our client or fellow passengers or, as the case may be, compensate in any other form directly to them, it is the client’s obligation to notify L8Flight of such payments immediately upon which L8Flight will issue a bill for its fees and applicable taxes to Claimant, payable to L8Flight within 10 days. The client hereby acknowledges that the payment of the fees and applicable taxes is owed to L8Flight which hereby reserves its rights to enforce payment before any competent court at the client’s costs. Any administrative or legal cost incurred by L8Flight to recover its fees from Client shall be borne by the client. Interest shall accrue at 5% per annum from the date payment was received by Client if not paid to L8Flight within 10 days.
Client responsibilities (6)
1. The Client commits to assist us in good faith in carrying out our contractual obligations. In particular, the Client commits to submitting ALL information L8Flight may request in regards to the flight(s) in dispute and make L8Flight aware about all the underlying facts to the best of his knowledge.
2. When Client applies for Compensation for himself and fellow passengers, he hereby formally guarantees that his fellow passengers have granted him full, exclusive and irrevocable authority to claim on their behalf and that his fellow passengers are in full agreement with these General Terms and Conditions, data protection rules or other rules governing this Contract with you. Would an occasion arise when a fellow passenger submits a similar claim directly or with any other agent, the Client, as the signatory of these GTCs, may be held liable for any damage, inclusive legal costs and damages L8Flight may incur in such case. These damages may be assorted with compensation to L8Flight for its work on the case(s). Such compensation may represent the full fee based on the estimation of the case submitted.
3. The Client hereby expressly confirms that there are no outstanding claim pending with the Airline directly, and that you have not given mandate to any other third party to request Compensation for you or the third parties you are acting on behalf of.
4. The Client agrees to provide us with documents/data (in particular boarding passes, flight records as well as correspondence with the airline) required for the process and pass new information immediately to L8Flight. The Client is responsible for completeness and accuracy of the documents and data. The Client agrees to provide with supplementary information promptly upon request if the circumstances require so.
5. Would the Airline contact the Client or any fellow passenger directly, the Client commits to direct them back to L8Flight and to inform L8Flight of such contact immediately.
6. Exclusivity: Once the Client has signed these GTCs, the Client is not allowed to engage any other service provider or agency or lawyer (or to that effect, any other third party) to intervene on the Claim you have mandated L8Flight to handle. The Client is not allowed to initiate legal action on his own nor dispose of the Claim in any way whatsoever. The Client may not assign the Claim assigned to L8Flight nor pledge it to any third parties without L8Flight’s consent expressed in written form.
7. Cancellations. Any cancellation must be made in the form of a registered letter sent to L8Flight. Compensation will be claimed by L8Flight for its work on your Claim(s). Such compensation may represent the full Fee, depending on the estimation of the case submitted.
8. All incidents of knowingly providing false and untrue data or information and of fraud in any manner whatsoever must be notified and remain the full responsibility of the Client. The Client agrees to fully indemnify L8Flight with no limitation for all third-party claims including, but not limited to, incorrect client communications and/or provision of incorrect data or information and/or fraudulent conduct of Client or fellow passengers.
Limitation of Liability (7)
1. L8Flight does everything in its power to offer the highest level of services. However, L8Flight is not liable for the final quality and the manner in which the provided services are carried out.
2. L8Flight bases the contents of its specific product on the information as supplied by the Client and is in no manner liable for the consequences that might arise from the inaccuracy of that information.
3. L8Flight will never be liable for any indirect loss of Client nor fellow passengers, which also includes consequential loss, emotional damage, trading loss, loss of orders, loss of profit and the like.
4. Any liability of L8Flight that may arise notwithstanding the express limitations provided at Article 7.2 and 7.3 , is capped at the invoice value (excl. VAT) of the relevant service ordered, assuming L8Flight is not a position to offer redelivery of that service or provision of similar services.
5. Without prejudice to the provisions of the preceding paragraphs of this article, L8Flight will never be liable for any loss, on any basis, ensuing from facts and circumstances which are attributable to third parties designated by the Client, whether or not these third parties (ultimately) performed their services on the instructions of L8Flight.
6. The provisions of the preceding paragraphs do not affect the statutory liability of L8Flight on the basis of mandatory legal provisions.
Assignment & Novation (8)
1. You agree that L8Flight may at its sole discretion, and without notice, assign or novate this Contract, in whole or in part, and/or any rights, licenses or obligations to a third party.
2. You agree that nothing in this Contract confers or purports to confer on any person who is not a party to this Contract any beneficial rights, or any other right, to enforce any term or provision of this Contract.
Competent Courts (9)
This Agreement shall be governed in accordance with the laws of Switzerland and it is agreed that Swiss courts of the Geneva Canton shall have exclusive jurisdiction. Nothing in this clause will prevent us from applying for and obtaining injunctive relief or enforcement of any order of a Swiss court in any other country or jurisdiction.
Date and Version
Geneva, May 1st 2018