Terms of service V1.2
Terms of service
It is specified that:
Indemniflight specializes in debt collection.
Indemniflight has taken all steps necessary for the exercise of its debt collection activities.
The legal relationship uniting Indemniflight its constituents are governed by the provisions of the Civil Code.
Indemniflight acts as agent on behalf and for the account of a client or principal who gives it the mandate to be represented in court procedures. As part of litigation, the customer entrusts the mandate to be represented by legal correspondents and / or legal advisors, proposed by Indemniflight.
Article 1 – Scope
These general conditions govern all mandates Indemniflight for the recovery of compensation under the EC Regulation n ° 261/2004 of 11 February 2004 or any other legal basis, following a delay, a “overbooking” or cancellation within the airline.
These general conditions are systematically communicated and accepted by the Client before entering into any contract with Indemniflight or its partners.
Article 2 – Customer Requirement
The contract between his client and Indemniflight is preceded by completing and sending the online form on the website indemniflight.com. Sending this form implies that the customer has accepted these terms of reference. Based on the information provided, Indemniflight evaluates, for free, the chances of success of the claim of the Customer.
Indemniflight reserves the right, in its sole discretion, not to accept to support the request of a client. This refusal can be based on any information provided by the customer or any information from Indemniflight of research on the situation of the client and / or its damage.
If Indemniflight accept the customer’s request, it will be informed by e-mail within 8 days.
The confirmation e-mail is accompanied, as an attachment, a warrant. The mandate precises :
- the identity of the principal
- the basis of his complaint
- the scope of powers conferred by the mandate
- the terms of the agreed remuneration
- the required documents
The Mandate is definitively concluded only by the receipt on the website of the company indemniflight.com :
- documents necessary for the investigation of the complaint,
- the mandate signed
The client undertakes to provide Indemniflight all documents necessary for the implementation of the mandate and any document received from the Airline.
2.1 Payment of customer benefits
Under the terms of the Mandate, the client gives Indemniflight powers intended to allow him to recover from the Airline on its behalf, the requested compensation.
Where compensation has been perceived Indemniflight inform the customer and send him any supporting documents (letter of the Company, judgment etc.) with a count ranging distribution of invoice amounts collected. The customer will return to Indemniflight a RIB for the transfer of sums due to him. Sending this RIB prevail express acceptance of the statement provided.
Failing GDI sent within 15 days of acceptance of the Customer will be presumed and Indemniflight collect the money owed him and keep his account those due to customers waiting for his instructions. Sums due to the customer will be kept for 1 year after sending the newsletter. After such period, the sums will return to Indemniflight.
In the following assumptions:
- Compensation in kind by the Company using the travel vouchers of the Client
- Compensation directly sent to the Customer by the Company
The Customer agrees to immediately notify Indemniflight and make payment of the compensation agreed mandate.
Indemniflight not claim any compensation to the client if it is not compensated and will be personally responsible for all costs that will be supported.
2.2 Legal Way
If the procedure fails amicably, Indemniflight may forward the Client’s file to its lawyers to initiate legal proceedings.
Indemniflight customers who decide to initiate legal action may be exposed during the past at various financial penalties, but Indemniflight already accepted and already to assume the burden. If necessary Indemniflight notify customers by email of the above.
In case of favorable court decision to the Customer, the amounts obtained under Article 700 of the Civil Procedure Code will be donated to the lawyer in charge of the Client folder.
Article 3 – Right of withdrawal
The customer has a period of fifteen days to exercise his right of withdrawal. To do this it must send a registered letter with acknowledgment of receipt at the headquarters of the company Indemniflight. A withdrawal within the time limit and not result in any penalty of any kind. This period starts from the date of signature of mandate.
Article 4 – Obligations of Indemniflight
Indemniflight execute its recovery mission of the compensation due to the customer with prudence, diligence, loyalty and respect of the regulations.
Indemniflight inform the customer about the progress of the procedure for compensation and will report on its mission and its management to the customer through a space dedicated to it on its website.
It is expressly agreed between the parties that Indemniflight has an obligation of means in fulfilling its mission.
Indemniflight undertakes to bear the entirety of the costs related to the client’s compensation procedure.
Indemniflight have a dedicated account for its collection activity on which the funds will be recovered.
Article 5 – Responsibility of Indemniflight
Indemniflight, can not guarantee the outcome of a procedure for compensation from an airline and was commissioned an obligation of means, will in no way responsible for a failure of the procedure.
Indemniflight no positions in any case as a legal advisor and the information provided by the company may not substitute for advice from a legal professional.
Indemniflight is not responsible for the unavailability of the website or its services indemniflight.com in case of force majeure, as defined by common law.
Indemniflight can not be held responsible and no compensation can be claimed in case of non-restitution, loss due to fire, loss or any cause resulting from a case of force majeure, parts entrusted by the Customer .
Article 6 – Customer Obligations
The Customer guarantee the accuracy of the information and the authenticity of the documents transmitted to Indemniflight.
The Mandate to Indemniflight is strictly exclusive. Once the demand for compensation given to Indemniflight, the customer will refrain from interfering directly or indirectly with the Company. The customer agrees not to entrust a mandate similar to anyone.
The customer leaves Indemniflight free choice of lawyers and / or officers of the court and agrees not to appoint any other person.
The customer must inform Indemniflight of any action his endeavors before the contract date and provide any relevant documents to the smooth conduct of the procedure, including any document received by the Airline, before or during the procedure, any document on which it intends to seek compensation.
Article 7 – Termination
If the Customer wishes to abandon the compensation procedure, it shall notify by registered letter with acknowledgment of receipt to Indemniflight. Within thirty days of notification of the abandonment of the procedure to Indemniflight, the customer agrees to pay Indemniflight 30% of the principal to compensation provided for in the contract, as damages due abandonment, without just cause, of the procedure by the customer.
Termination of the contract shall be notified by email and will be effective within forty-eight hours after receipt of email.
There are automatic termination of contract law:
- If either party fails seriously in its contractual obligations and with a notice by registered letter with acknowledgment of receipt without reply within thirty days. Without prejudice to the damages that could be awarded to the terminating party, the fees and compensation due and duty to the termination date will then immediately set to Indemniflight.
- If the client manifest disagreement about how Indemniflight manages progress of the proceedings, Indemniflight may terminate the contract.
- If the laws, regulations or departure from precedent on which rests Indemniflight causes a lapse of customer indemnification rights.
- In case of unfavorable decisions by the court of first instance.
- If the prescription of Indemnification by customer demand, the contract will be automatically terminated.
- In case of bankruptcy of the Airline or complaint of the Airline against Indemniflight, the contract will be automatically terminated at the request of Indemniflight.
- As of the opening judgment, in case of insolvency, receivership or liquidation of either of the parties, and the administrator of the notice to continue the contract n has not, within one month of receipt of the notification made use of this possibility, the contract will be terminated.
- In case of client’s death, the contract may be terminated by his successors.
Article 8 – Intellectual Property
Site content is the property of Indemniflight. It is protected by French and international laws on intellectual property.
Total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.
In addition, Indemniflight remains the owner of all intellectual property rights on the studies, writings, excerpts, etc., made (even at the client’s request) for the provision of customer services.
The customer is therefore prohibited any reproduction or use of such studies, writings, excerpts, etc., without the express, prior written the Provider may make it conditional on a financial consideration.
Article 9 – Data protection
Indemniflight retains all of the data transmitted under the terms of Directive 95/46 / EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data.
By providing Indemniflight his personal data, the Customer authorizes their operations under this Agreement.
Article 10 – No waiver
The fact qu’Indemniflight does not prevail at a given time of any of these terms of office shall be construed as a waiver to take advantage later of any of said terms of reference.
Article 11 – Disputes
All disputes to which these terms and conditions of the mandate could result, for both their validity, interpretation, execution, their consequences and their consequences will be submitted to the competent courts in common law conditions.
Article 13 – Client Acceptance
These Conditions of Sale are expressly approved and accepted by the customer, who declares and admits having a perfect knowledge, and gives up, thereby to invoke any contradictory document.