Flight Claims

Terms & Conditions

 

Unless the context requires otherwise, the capitalised terms used in these terms and conditions (“T&C”), shall have the meanings indicated below:

“Agreement” shall mean an assignment agreement / power of attorney between the Client and IronStone Legal that is concluded after acceptance of T&C by the Client, which is signed by electronic means provided in IronStone Legal website and/or app. In case that the transfer of the Client’s rights is not accepted, the Agreement is also considered as the Client’s expressed and irrevocable authorisation exclusively for IronStone Legal or someone IronStone Legal appoints to deal on the Client’s behalf, for all purposes related to the Claim including court litigation and reception of payments.

 

“Claim” means any claim against an airline for monetary compensation pursuant to Flight Compensation Regulation.

“Client” shall mean any natural or legal person that has accepted T&C and is seeking for Flight Compensation with the help of IronStone Legal. For the avoidance of doubt, in case of a legal person, the legal person itself as opposed to its employee shall be considered as the Client and shall assume all rights and obligations provided in the Agreement including receiving Flight Compensation.

“Electronic Identification Regulation” means Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.

 

“Flight Compensation Regulation” means Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.

 

“Flight Compensation” means total amount of money paid by an airline in relation to a Claim as compensation, settlement, gesture of goodwill or otherwise, to the Client or IronStone Legal after the Client has accepted T&C. For avoidance of doubt, Flight Compensation do not include any payments of attorney’s, court fess, collection cost, interest or similar, which payments shall belong solely to IronStone Legal.

 

“Privacy and Data Protection Requirements” shall mean all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice (if any) issued by the relevant supervisory authorities, and the equivalent of any of the foregoing in any relevant jurisdiction (whether mandatory or not).

“Proceedings” shall mean a process when IronStone Legal fills the Claim with a court, ADR, aviation regulatory agencies, consumer protection agencies and/or governmental body or handling over the Claim to contracted legal representative, such as an attorney or law firm.

“IronStone Legal” means a platform designated for securing compensation of air passengers for delayed, cancelled and/or overbooked flights.

The aforementioned definitions shall be used upon concluding and performing any document or transaction connected with T&C.

 

1. AGREEMENT

  1. The Client automatically and simultaneously accepts T&C which is considered as the basis of any other documents to be concluded between the Client and IronStone Legal, including the Agreement on the basis of which IronStone Legal shall pursue the Claim against an airline.

  2. IronStone Legal has discretion to conclude the Agreement with the Client upon the decision to pursue the Claim

  3. IronStone Legal uses online authentication service for advanced electronic signatures complying with requirements set forth in Article 26 of the Electronic Identification Regulation that is internationally recognised and accepted even by courts, so the Client does not have to print, sign and return the Agreement by registered mail.

  4. By entering into an Agreement, the Client warrants that he/she is authorized and has legal capacity to enter into the Agreement.

  5. The Client warrants that the Claim has not been assigned to third parties and no legal dispute is pending or expected between the Client and the airline in the same matter. After conclusion of the Agreement, the Client shall not negotiate with the airline and shall forward IronStone Legal all related correspondence. For the term of the Agreement, the Client undertakes not to conclude any similar agreement with companies competing with IronStone Legal to act in the interest of the Client, take legal action or dispose of the Claim.

  6. The Client undertakes to provide IronStone Legal with all data and/or information that is required for the execution of the Agreement.

  7. IronStone Legal shall be entitled to accept only Flight Compensation and no travel vouchers and/or other services that may be offered by airlines shall be accepted, except if otherwise suggested by IronStone Legal if it believes airline proposes sufficient compensation for the Client.

 

2. PURSUING OF THE CLAIM

  1. Flight data in relation to the Claim may be submitted to IronStone Legal preferably via IronStone Legal’s website, email and/or any other electronic or software solutions supported by IronStone Legal. After such data is received, IronStone Legal shall assess the merits of the flight and whether a Claim on the grounds of such flight data could be successful. If IronStone Legal estimates that the flight data provided by the Client is sufficient and Claim could be successful, the Client shall be required to sign the Agreement.

  2. Please note that the result of the assessment as provided in Section 2.1 above does not include any binding statement and does not guarantee successful enforcement of the Claim.

  3. When the Agreement is concluded, IronStone Legal immediately refers to the airline with a request for payment. Initially, IronStone Legal shall start the Claim in a friendly manner in order to avoid litigation.

  4. Provided the airline refuses to satisfy the Claim after IronStone Legal has reached the respective airline, IronStone Legal is entitled to initiate Proceedings to pursue the Claim.

  5. During Proceedings, the legal representative of IronStone Legal shall be granted access to all data provided by the Client to IronStone Legal in order to successfully pursue the Claim. If third parties require any additional documents proving the representation by the legal representative, other than the Agreement, the Client, with the guidance of IronStone Legal, shall immediately provide to the legal representative any such documents.

  6. If, after assessing the merits of the Claim, the legal representative considers that pursuit of the Claim during Proceedings is unlikely to succeed, the Client will be informed and IronStone Legal will pursue the Claim no further. Such notification of the Client shall mean that the collection assignment has ended.

  7. If Proceedings are initiated to pursue the Claim, the Client shall be exempt from any costs incurred in the event the Claim is lost. In case of success or settlement in Proceedings, IronStone Legal shall cover any costs incurred that are not covered by the respective airline. Provided that the Claim is successful and the Client receives compensation, the Client agrees that all costs incurred by IronStone Legal and claimed from the airline goes to IronStone Legal.

  8. The Client and IronStone Legal confirm their acknowledgment that IronStone Legal has sole discretion to accept and/or reject any settlement offer in accordance with experience with respective airline. The Agreement is considered as sufficient legal grounds for such discretion to be effective.

  9. IronStone Legal point out that pursuing such claims as the Claim by the court may take considerable time and that IronStone Legal cannot influence how quickly the Claim can be asserted.

 

3. FEES AND PAYMENT

  1. IronStone Legal pursues the Claim free of charge. Provided the Claim is successful and the Flight Compensation is received by IronStone Legal, it shall transfer 61% of the Flight Compensation to the Client, and IronStone Legal shall receive 39% of such Flight Compensation which shall be considered as performance fee. Any fees under T&C include applicable VAT.

  2. The Client agrees that if friendly arrangement with airline is not reached regarding the Claim, IronStone Legal shall commence Proceedings which shall result in the performance fee which is paid to IronStone Legal indicated in Section 3.1 to be increased but not more than 50 % of the Claim size.

  3. If the Client provides incorrect or incomplete data and IronStone Legal incurs additional costs due to such misinformation, IronStone Legal shall deduct such costs from the Flight Compensation and the remaining amount of the Flight Compensation shall be transferred to the Client.

  4. As the registered office of IronStone Legal is located in the United Kingdom, the amount of VAT to be paid is stipulated by the laws of the United Kingdom in accordance with the legally stipulated rate.

  5. If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to IronStone Legal, IronStone Legal is entitled to deduct all external cost imposed upon IronStone Legal. If the Client, after several reminders and reasonable endeavours from IronStone Legal to contact the Client by any other means than email provided by the Client, does not respond to correct or provide information needed to pay the respective part of the Flight Compensation, IronStone Legal shall be entitled to keep the whole amount of the Flight Compensation.

  6. For the accounts in the Single Euro Payments Area (SEPA), all payments will be sent to the account via bank transfer.

  7. To save bank costs, in case of shared booking, IronStone Legal shall transfer all payments to a single account if the Clients give IronStone Legal clearance to do so.

  8. IronStone Legal shall not be liable for any checks, prepaid debit cards, credit cards and similar lost in transit to the Client, as well as for any effect of the Client giving wrong bank account information.

  9. If the Client requests so, IronStone Legal shall provide an electronic invoice via email for any services delivered and fees charged by IronStone Legal.

  10. IronStone Legal shall not be liable for any failure to pay the agreed Flight Compensation due to circumstances which are beyond its reasonable control, including, but not limited to, strike, lock-out, labor dispute, act of God, war, riot, compliance with a law or governmental order, rule, regulation, etc.

 

4. COOPERATION BY THE CLIENT

  1. The Client warrants that data and information provided by the Client to IronStone Legal in relation to the Claim is correct, complete, true and not misleading. The Client shall keep IronStone Legal indemnified for any claims which arose due to incorrect information provided by the Client and/or lack of cooperation or improper cooperation by the Client.

  2. Before engaging in the services of IronStone Legal, the Client has not disposed of the Claim in any other manner, nor has engaged a third party to enforce the Claim.

  3. The Client shall with or without a specific request provide IronStone Legal with all the data and documents that are required for processing the Claim, e.g. boarding pass, delay notification, correspondence with the airline or order on secondment.

  4. If the Client receives any direct payment or any other type of compensation, e.g. flight voucher, from the airline after engaging IronStone Legal’s services, the Client is obligated to inform IronStone Legal immediately. In such case, the Client shall be obliged to pay IronStone Legal the commission indicated in Section 3.1 in the bank account provided in the contact column of IronStone Legal’s website or any other bank account provided by IronStone Legal in a written form.

  5. If the Client provides incorrect or incomplete data or if the Client withheld from IronStone Legal that the Client has already received compensation from the airline for the respective Claim and IronStone Legal is not able to collect Flight Compensation or loses during the Proceedings, IronStone Legal reserves the right to assert its claim against the Client for the resulting damage.

 

5. TERMINATION AND WITHDRAWAL

  1. The Agreement is terminated immediately:

  • when IronStone Legal accepts and receives the Flight Compensation in full from the airline and part of the Flight Compensation has been transferred to the Client after deduction of all applicable fees; or

  • when IronStone Legal considers that the Claim shall not be successful after conducting an in-depth review of the Claim and the Client is informed regarding such decision; or

  • in case of incorrect data/information and fraudulent conduct by the Client upon decision by IronStone Legal; or

  • upon decision of the Client without stating reasons within 14 days since conclusion of the Agreement by submitting a withdrawal request by email.

  1. At any times, in case of termination of the Agreement and T&C by the Client after contractual work has already been performed or after IronStone Legal and/or legal representatives have commenced Proceedings, IronStone Legal is entitled to charge the Client administration costs, as well as adverse costs incurred, court fees, costs of services, other bailiff’s costs, extrajudicial collections cots, authorised representative’s fees, additional fees and other costs incurred. The Client shall pay the amount indicated in this Section above within 14 days after receipt of an invoice by IronStone Legal.

  2. If the Client is a consumer pursuant to EU-consumer regulations, i.e. acts outside the scope of business, it has the statutory right of withdrawal from the Agreement.

 

6. FINAL PROVISIONS

  1. IronStone Legal is authorized to alter T&C and set forth additional conditions at any time and without notice, however shall put efforts for the Client to be updated with any such alterations. If any such alterations are negative from the Client’s perspective, the Client shall have to approve such alterations in order for amended T&C to be applied to the respective Client

  2. The laws of the United Kingdom apply to T&C, the Agreement and/or any other document concluded in relation to this T&C and the Agreement, except if otherwise agreed in the specific document which is satisfactory to IronStone Legal.

  3. IronStone Legal will use the Client’s and, if applicable, its employees personal data exclusively for enforcing the Claim. Any and all information regarding the extent and form of data collection, storage and usage of personal data can be found in IronStone Legal’s Data Protection Policy.

  4. In case the Client is a legal entity, it warrants and represents that:

  • the personal data provided by such to IronStone Legal has been collected and is to be provided to IronStone Legal at all times in accordance with the Privacy and Data Protection Requirements;

  • for the purposes of this Agreement IronStone Legal will be acting as a data processor, rather than as a data controller (as they are understood under the Privacy and Data Protection Requirements), in respect of all such data processing activities which IronStone Legal may carry out under this Agreement.

  1. Any dispute, controversy or claim, arising out of or relating to T&C, its breach, termination or validity shall be finally settled in the respective court of the United Kingdom subject to the rules of jurisdiction

  2. The Client is not entitled to assign or transfer all or any part of its rights and obligations under T&C, the Agreement and/or any other document in relation to T&C without a prior written consent of IronStone Legal.

  3. If any provision of T&C is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the other provisions of T&C will remain in full force and effect. Any provision of T&C held to be illegal, invalid or unenforceable only in part, or to a certain degree, will remain in full force and effect to the extent that it is not held illegal, invalid or unenforceable. IronStone Legal will amend T&C by replacing such illegal, invalid or unenforceable provisions with legal, valid and enforceable provisions that would produce the result as close as possible to the intentions of IronStone Legal and the Client. IronStone Legal will put all their best efforts into ensuring the implementation of all the provisions hereof.

  4. In case of discrepancies of the English version of T&C and any other language, the English text shall prevail.

CONTACT

 IronStone Legal

303 Regent Studios,

1 Thane Villas,

London N7 7PH

 

+44 (0)207 619 3967

 

© All Rights Reserved. IronStone Legal - 2020
 

  • Instagram - White Circle
  • Twitter - White Circle
  • Facebook - White Circle

IronStone Legal is a trading name of Demirtas Finance Ltd, Registered in England and Wales number 07975646.
Authorised and regulated by the Financial Conduct Authority as a claims management company number 838139. 
Regulated by the Information Commissioners Office in Respect of the Data Protection Act 2018 number: Z3119423

*Fees may apply for cancellations outside of the 14 day cooling off period, calculated on an amount of work completed basis as stated in our TCs. No cancellation fees payable by you if you cancel within the 14 day cooling off period. We charge 35%+VAT (42% including any VAT) for mis-sold financial products and services.

± Before any deduction for 182 claims resolved 6 months prior to 14/02/2018 across multiple different services. 

Facebook Messenger Icon