On this page you will find Data Privacy, GT&C and Website Use information.
Use of Website
The use of the Site section defines the general rules of use, behavior and intellectual property of the website …
1 - General
These terms and conditions govern your access to and use of the Website(s) produced by L8Flight SARL www.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 it is referred to the Website(s), this term encompasses the Website(s), the Server(s) and 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 Company registered in the Canton of Geneva.
Chemin Rieu 22.
CH 1208 Genève.
If you have any queries relating to your registration with, and use of, the Website(s), please email us at: webmaster@L8flight.com
3 - Registration
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 webmaster@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).
10 - General
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.
11- Date and Version
The General Conditions of Sale section defines the relationship between L8 Flight and users and customers …
1. Object and definitions
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 in respect to Air transportation the enforcement of the signatory’s rights to financial compensation owed to signatory as defined in the EU regulation 261/2004 on air passenger rights (hereafter referred to as “Claims” or “Compensation”) or other regulations, such as but not limited to, the Montreal convention on Air transportation, in accordance with the following provisions.
- The service is offered on a success basis only with no commitment neither financial or else from either party to these terms of business, with exception of provisions of article 3 al 2 and cancellations as governed by Art 6 al 7.
- The presentation of services provided by L8Flight SARL on its websites (hereafter the “Website” or “Websites” www.L8flight.com and www.L8flight.ch) 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 SARL will submit Claims on a “best effort” basis with no guarantee of success. Particularly, the online compensation calculator does not represent a binding offer to conclude a contract nor is it a commitment to success.
- These general terms of business will constitute a contract (hereafter the “Contract”) between the client (hereafter also referred to as “you” or the “Claimant” or the “Client”) and L8Flight SARL (hereafter also referred to as “us”) from the day the Client submits a signed Mandate to L8Flight SARL . Signing via electronic means, notably but not exclusively by email or via the website, is deemed valid acceptation.
- By signing the Mandate to L8Flight SARL, you agree to the performance of this Contract and the validity of its contents.
- “Responsible Airline” or “Airline” is the Air Carrier from whom L8Flight SARL will claim Compensation.
- The Contract with L8Flight SARL terminates when the client is informed in writing or in electronic form that the claim is settled or that L8Flight SARL has determined the Claim to be pointless after due assessment.
- The Contract may also be terminated for good cause at any time by you or by us with immediate effect. L8Flight SARL, in particular, reserves 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.
- The general terms of business are made available on L8Flight SARL’s Websites.
- L8Flight SARL is entitled to refuse claims without stating reasons. In case of refusal, the Claimant will be notified as soon as possible.
- In accepting these general terms of business the Client hereby agrees that L8Flight SARL is authorized to delegate the claim to any third party deemed necessary by L8Flight SARL to ensure best execution.
- The Client(s) hereby assign their claim against the Airline to L8Flight SARL under the express condition that L8Flight SARL will reimburse to the undersigned and fellow passengers the compensation received from the Airline upon payment by the Airline, after deductions of L8Flight SARL’s commissions and eventual applicable taxes.
- With regards to Data Protection, Client is bound by L8Flight SARL Data Protection rules, available on L8Flight SARL’s websites. These rules notably waive protection for data transfers abroad for the purpose of L8Flight SARL’s performance of its mandate and allow L8Flight SARL to request from the relevant Airline to divulge Personal Data in its possession to L8Flight SARL for the purpose of performing the mandate given to L8Flight SARL.
- The Client gives full discretion to L8Flight SARL to decide on his behalf and that of fellow passengers if a proposition made by Responsible Airline should be accepted and made definitive. Client may not subsequently claim for additional compensation. The Client commits to declaring 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 SARL .
- Use of web services, Intellectual property rules and other are part of these GT&C and displayed in specific documents that are made available on L8Flight SARL’s website(s).
- Client hereby accepts that all correspondence between L8Flight SARL and Airline or third parties are confidential. Under no circumstances will copies be transmitted to Client.
2. Business language
- Where these General Terms of Business 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 General Terms of Business then the English language version shall take precedence.
- Similarly, any form of communication, including in a language other than English does not have legal validity.
3. Client Proof of identity
- L8Flight SARL may require proof of identity from the Client. By accepting these General Terms and Conditions, Client commits to send a scanned copy of any required Identity Document if, as and when required by L8Flight SARL. Usual Identification documents for travellers are usually a valid Passport but may be replaced by other Identification documents at L8Flight SARL’s discretion.
- Should Client not send such document when requested, L8Flight SARL reserves the rights to suspend or even cancel the submission and Client will be sent a handling fee of EUR 50 (Fifty euros).
- Identity Documents sent to L8Flight SARL are kept on a secure and encrypted server based in Switzerland.
4. Fees and commissions.
- The Client agrees to pay L8Flight SARL (or authorizes L8Flight SARL to retain collected monies or authorizes L8Flight SARL to recover from Client its share of monies collected by Client) a commission (hereafter also referred to as “success-based commission” or “the Fee”) in the amount of the agreed percentage of the enforced amount. Basis for calculating the success-based commission is all that what has been fulfilled by the airline due to our activity. Insofar as you agree to receive the compensation in kind (e.g. flight vouchers) instead of cash, L8Flight SARL is entitled to a success-based commission based on the value of the benefit in kind, unless we agree otherwise. The entitlement to the success-based commission shall also apply if the payment/benefit in kind has been provided directly to you.
- Unless differently agreed upon in a separate contract that must be in written form and duly signed by L8Flight SARL management, the fee is 25% (Twenty five percent) of all monies and monetary value of in-kind compensation collected with regards to the claim submitted to L8Flight SARL and whether collected by L8Flight SARL directly or by any other means. The fee is due for any monies collected with regards to the Claim submitted from the day these GT&C come into force.
- Should Administrative fees be rightfully levied by the Airline, L8Flight SARL ’s fee calculation basis is the gross amount of the reimbursement. For clarity, follow this example: Reimbursement EUR 100, Airline Administrative fee 15 EUR, L8Flight SARL Fee will amount to 25 Euros (plus VAT, if applicable), Client will receive 60 Euros (Assuming no Vat).
- Should only a part of the Compensation amount, claimed by us initially, be enforced, we calculate the success-based commission only out of the partial amount enforced.
- All claims are subject to a minimum fee of EUR 20, only payable upon success.
- 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 SARL to enforce compensation, unless agreed otherwise.
- L8Flight SARL may decide at its full discretion to mandate legal representation to further pursue with customers’ claims without written acceptance from the customer. The customer 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 SARL .
5. Payments, Billing
- The Client hereby authorizes L8Flight SARL 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 SARL has submitted to them.
- 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 SARL commits to validate payment instructions to you within less than 30 days of reception of the claims monies from Airline.
- 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 made the initial payment. L8Flight SARL declines any responsibility vis a vis fellow passengers that subrogated their Claim rights to our Client(s).
- Would responsible Airline make payments directly to our Client or fellow passengers or, as the case may be, compensate them directly in any other form, it is the Claimant’s obligation to notify L8Flight SARL of such payments immediately upon which L8Flight SARL will issue a bill for its fees based on the amount claimed to the Airline and applicable taxes that Claimant shall have to pay to L8Flight SARL within 10 days. Any administrative or legal cost incurred by L8Flight SARL 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 SARL within 10 days.
6. Client responsibilities
- 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 SARL may request in regards to the flight(s) in dispute and make L8Flight SARL aware about all the underlying facts to the best of his knowledge.
- 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 that a fellow passenger submits a similar claim directly or with any other agent, the Client, as the signatory of these General Terms of Business, may be held liable for any damage, inclusive of legal costs and damages L8Flight SARL may incur in such case. These may be assorted with compensation to L8Flight SARL for its work on the case(s), such compensation may represent the full fee based on the estimation of the case submitted.
- 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.
- The Client provides 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 SARL. The Client is responsible for completeness and accuracy of the documents and data. The Client agrees to provide L8Flight SARL with supplementary information promptly upon request if the circumstances require so.
- Would the airline contact the Client directly or any fellow passenger, the Client commits to direct them back to L8Flight SARL and to inform L8Flight SARL of such contact immediately.
- Exclusivity: Once Client has signed these General Terms of Business, 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 SARL to handle. Client is not allowed to initiate legal action on his own nor dispose of the claim. Client may not assign the claim L8Flight SARL has been mandated for nor pledge it to any third parties without L8Flight SARL’s consent expressed in written form.
- Cancellations. Would you decide to revoke your mandate, you must first request in the form of registered letter. Such agreement to your revoking the Agreement may be granted on an ad-hoc basis and may be assorted with compensation to L8Flight SARL for its work on your case(s), such compensation may represent the full fee based on the estimation of the case submitted.
- 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 SARL 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
- L8Flight SARL does everything in its power to offer the highest level of services; L8Flight SARL is not liable for the final quality and the manner in which the provided products and services are carried out.
- L8Flight SARL 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.
- L8Flight SARL 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 alike.
- The liability of L8Flight SARL , as referred to in the preceding paragraph, as well as any other liability ensuing from other facts or circumstances, is capped at the invoice value (excl. VAT) of the relevant service ordered, or redelivery of that service, such at the discretion of L8Flight SARL and to the extent that L8Flight SARL is able to provide similar services.
- Without prejudice to the provisions of the preceding paragraph, L8Flight SARL’s liability will be limited to the sum paid by L8Flight SARL’s liability insurance in a particular case in relation to the loss in question.
- Without prejudice to the provisions of the preceding paragraphs of this article, L8Flight SARL 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 SARL. With respect to third parties, you fully warrant your own choice, and the work performed by these third parties will be entirely at your expense.
- The provisions of the preceding paragraphs do not affect the statutory liability of L8Flight SARL on the basis of mandatory legal provisions.
8. Assignment and Novation
- You agree that L8Flight SARL may at its sole discretion, and without notice, assign or novate this Contract, in whole or in part, and/or any rights, licences or obligations to a third party.
- 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 where proceedings are conducted in the French language. 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
May 1st 2018
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 SARL and its customers. L8Flight SARL Data servers are located in Switzerland and data is encrypted (SSL 128bits or above). Data sent to and from L8Flight SARL for the purpose of processing its mandates may be routed via the internet where protection cannot be guaranteed by L8Flight SARL. L8Flight SARL 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 SARL, customers accept to wave protection for data transfers abroad for the sole purpose of L8Flight SARL 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 SARL for the purpose of performing the mandate given to L8Flight SARL.
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.