General Terms and Conditions
The General Terms and Conditions section defines the relationship between L8 Flight and users and customers…
1. Object and definitions
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.
18. L8Flight may offer additional informational services or third party commercial services.
2. Business language
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.
3. Client Proof of identity
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 third party server.
4. Fees and commissions
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.
5. Payments & Billing
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.
6. Client responsibilities
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.
7. Limitation of Liability
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.
When L8flight offers information services, this information is limited to a best effort basis in terms of accuracy. When L8Flight offers third party services, it may never be held responsible for the delivery of these which are always contracted with the third party provider.
6. The provisions of the preceding paragraphs do not affect the statutory liability of L8Flight on the basis of mandatory legal provisions.
8. Assignment & Novation
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.
9. Competent Courts
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 21st 2019
USE OF WEBSITE
The use of the Site section defines the general rules of use, behavior and intellectual property of the website…
These terms and conditions govern your access to and use of the Website(s) produced by L8Flight SARL ww.L8Flight.com and www.L8Flight.ch (“the Website(s)”), whether as a guest or a registered user. By accessing and using the Website(s) you agree that you have read and accept these terms and conditions and that such terms shall apply to your use. If you do not wish to be bound by these terms and conditions, please refrain from using the Website(s).
Contracts for the supply of products and/or services formed through the Website(s), or as a result of visits made by you, are governed by our General Terms and Conditions.
When referred to as “the Website(s)”, this term encompasses the Website(s), the Server(s) and the Database(s) when applicable.
2. Contact details
This (These) Website(s) is (are) operated by L8Flight SARL (“we” “us” or “our”). L8Flight SARL is a Swiss « Société Anonyme” registered in the Canton of Geneva.
Ch rieu , 12
CH 1208 Genève.
VAT number CHE160625827.
If you have any queries relating to your registration with, and use of, the Website(s), please email us at: contact@L8flight.com
Access to the Website(s) is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website(s) without notice (see below). We will not be liable if for any reason the Website(s) is (are) unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website(s), or the entire Website(s), to users who have registered with us.
Each customer is required to register individually in his or her, own name.
Where we have given you (or where you have chosen) a user identification code, password, or any other piece of information as part of our security procedures, which enables you to access certain parts of the Website(s), you are responsible for keeping such information confidential and you must not disclose it to any third party.
We ask you not to share your registration details within anyone else and you understand and accept that registrations are personal to an individual and are not to be shared.
We have the right to disable any password (or user identification code), whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.
Once registered, you may order products and/or services through the Website(s). Such order will be subject to our General Terms and Conditions.
You are responsible for making all arrangements necessary for you to have access to the Website(s).
You are also responsible for ensuring that all persons who access the Website(s) through your internet connection are aware of these terms, and that they comply with them.
We may suspend and/or terminate (either in whole or in part) your use of the Website(s) immediately for any reason and in particular if we have reason to believe that you are not complying with these terms or our General Terms and Conditions.
4. Data Privacy
5. Intellectual Property
All intellectual property rights in the Website(s) and in the material published on the pages of the Website(s) (including, but not limited to, copyright and rights in registered and unregistered trade marks) are owned by (or licensed to) us or one of our wholly owned subsidiaries. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Website(s) for your personal reference and you may draw the attention of others within your organisation to material posted on the Website(s).
Use of Scraping or Data mining tools is strictly prohibited. Use of such tools may result in penal and civil prosecution (See Article 7).
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Website(s) for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Website(s) in breach of these terms, your right to use the Website(s) will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6. Our Liability
The material and information contained on the Website(s) is for general information only and is provided without any guarantees, conditions or warranties as to its accuracy and completeness.
We do not warrant or represent that the material and information displayed on the Website(s) is free from viruses or that it does not contain any material which is defamatory, obscene or illegal in any way.
For the rest, our liability is defined in our General Terms and Conditions.
7. Harmful / Malicious Activities
You must not misuse the Website(s) by knowingly introducing any virus, trojan horse, worm, time-bomb, keystroke logger, spyware, adware or any other harmful program or similar computer code designed to adversely affect the operation of any computer software or hardware.
You must not attempt to gain unauthorised access to the Website(s), the server on which the Website(s) is stored or any server, computer or database connected to the Website(s).
You must not attack the Website(s) or otherwise attempt to impair or prevent its operation, whether by means of a so-called “denial-of-service attack” or otherwise.
By doing any of the things mentioned in the above paragraph, you could be committing a criminal offence. We will report any such breach to the relevant authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website(s) will cease immediately.
We will not be liable for any loss or damage caused by a denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any Website(s) linked to it.
8. Linking to the Website(s)
You may link to our home page, provided you do so in a way that is fair and legal and that does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
This authorisation is only valid for decent Website(s).
You must not establish a link from any Website(s) that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our Site other than that set out above, please address your request to contact@L8flight.com.
9. Links from the Website(s)
Where our Site contains links to other sites and resources provided by third parties, those links are provided for your information only.
We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
This applies equally to commercial advertisements that may appear on our Website(s).
We reserve the right to vary these terms and conditions at any time by amending this page.
You are expected to check this page from time to time to take notice of any changes we make, as they are amending on you.
Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on the Website(s).
These terms and any dispute or claim arising out of or in connection with them or their subject matter of formation (including non-contractual disputes or claims) shall be governed according to our General Terms and Conditions.
Date & Version
Geneva, May 21st 2019
Your Data Privacy & GDPR
L8flight takes data Privacy seriously, below find our main guidelines as well as a presentation of the Swiss legal framework.
L8Flight Data Protection Rules
L8Flight SARL is a Swiss company registered in the Canton of Geneva. As such, it is bound by the Swiss laws for the matter of Data Protection. The reader will find at the end of this document a brief explanation of the rules and a link to the (English version) of the Swiss Federal Data Protection Act (DPA).
L8Flight SARL only requests from its customers data that is relevant to pursuing the object of the contract between L8Flight and its customers. L8Flight Data servers are located in the UK and Switzerland and data is encrypted (SSL 128bits or above). Data sent to and from L8Flight for the purpose of processing its mandates may be routed via the internet where protection cannot be guaranteed by L8Flight. L8Flight does not request sensitive information as per the definition of the law.
By signing (including electronic agreement to ) the General terms and conditions of L8Flight, customers accept to wave protection for data transfers abroad for the sole purpose of L8Flight to be able to, as the case may require, perform its mandate. In addition, the agreement allows L8Flight SARL to request from the Airline concerned by the case to divulge Personal Data in its possession to L8Flight for the purpose of performing the mandate given to L8Flight.
Data Protection in Switzerland at a Glance
The essential laws and regulations governing data protection in Switzerland are the Swiss Federal Data Protection Act (DPA), the Swiss Federal Data Protection Ordinance (DPO), the Swiss Federal Ordinance on Data Protection Certification (DPCO) and Guidelines of the Federal Data Protection and Information Commissioner on the minimum requirements for a data protection management system (DPMS-Guidelines). The latest revisions of the DPA and the DPO as well as the DPCO entered into force on January 1, 2008. The DPMS-Guidelines entered into force on September 1, 2008.
Categories of data
Swiss data protection laws apply to the personal data of individuals or legal entities, such as corporations (named “data subjects”).
Stronger legal protection is provided for sensitive personal data and personality profiles, such as religious, political, health related administrative or criminal data amongst others,
Principles of data processing
The law applies equally to electronic and manual data processing. Personal data may only be processed lawfully. The processing of personal data must be made in good faith and must be proportionate. Personal data may be used only for the purpose specified at the time of its collection and both the fact that personal data are collected and the purpose for processing it must be apparent to the data subjects. The data must be accurate. A lawful justification for data processing may be required. Data security must be ensured.
Under certain circumstances, data files must be registered with the Federal Data Protection and Information Commissioner. Data subjects have the right to access their data and to have incorrect data corrected.
Data transfers abroad
The transfer of personal data out of Switzerland is restricted. Unless certain exceptions apply, personal data may not be transferred to countries which lack data protection laws which provide an adequate level of data protection. Under certain circumstances, the Federal Data Protection and Information Commissioner needs to be informed before a transfer abroad takes place.
What is GDPR?
Applicable from 25 May 2018, the new Data Protection Regulation – GDPR – has a direct impact on companies that process data of European customers. L8Flight SARL / L8fligh.com, whose European customers represent a significant part of its turnover, will incorporate this new situation as soon as it comes into force.
The General Data Protection Regulation is the most significant progress in the field of privacy protection for more than twenty years in Europe. It oversees the personal data processing activity of any company offering services to customers based in the European Union. The GDPR has a very wide coverage and comes into play when processing the data of individuals such as identity, contact details, emails, documents, photos or even IP addresses, unique identifiers, locations, among other examples.
A big step towards respecting privacy
With security and privacy at the heart of its concerns, L8Flight SARL / L8fligh.com welcomes this change with enthusiasm
The GDPR extends the control of individuals on their personal data by introducing new rights. As of May 25th, the data of European residents can only be collected and processed with their explicit consent. Everyone will not only be able to view, but also request a copy of all their data and request their deletion in some cases.
Another welcome development is the principle of “privacy by design”. Any organization dealing with personal data is required to integrate early data protection and data security early in the development of data collection and processing solutions.
L8Flight SARL / L8fligh.com integrates the GDPR
Being a Swiss company at the crossroads of Europe, L8Flight SARL / L8fligh.com evolves in a particularly rich and strict regulation. Priority of priorities, safety represents a commitment beyond the legal framework. The data protection procedures have been implemented for years by L8Flight SARL / L8fligh.com.
From a broader perspective, the GDPR joins the desire of L8Flight SARL / L8fligh.com to put customers and security at the heart of its processes. L8Flight SARL / L8fligh.com therefore will take all necessary steps to ensure full compliance with the GDPR to its customers, as soon as it comes into force.
For any information related to your data please send a request to firstname.lastname@example.org
Date and Version
Geneva, May 1st 2018