Agreement

For your benefit, here is a short summary of the agreement but please note that the agreement below is binding and not the following summary.

Our service:
Upon receiving your instruction we will act on your behalf in order to obtain money owed to you by airlines.
Representation:
We shall be authorised to act on your behalf and/or to assign the case to 3rd parties.
Price:
20% fee of the total amount received from the airline + any applicable additional fee – for example bank transaction fee.
Comments:
For the full terms and conditions please refer to the binding agreement below:

The Agreement
Definitions
In these terms and conditions (the “Terms”), the defined terms below shall have the following meaning:
“Agreement”: an agreement between a Customer and ClaiMaster for delivery of Justice as a Service.
“ClaiMaster”: a company for helping passengers claim their rights in return for a fee, registered in the United Kingdom as CLAIMASTER 123 LTD Company number: 15404736
“Air Passenger Rights Regulation”: any law, regulation, directive, international convention, or similar, whether issued on state, federal, EU, national, international or regional level, and case law, that establishes rules on monetary compensation, damages, or refund to passengers in the event of overbooked, delayed, canceled, or otherwise disrupted flights or luggage claims.
“Authority Document”: a document which authorizes ClaiMaster and/or one of ClaiMaster’s affiliates or partners to act on behalf of the Customer. The document may be in many shapes and forms, due to various jurisdictional requirements, including, but not limited to, a Power of Attorney, Certificate of Authorization, or a Customer Care Agreement.
“Claim”: any claim against an airline for monetary compensation, damages, or refund pursuant to Air Passenger Rights Regulations or an ClaiMaster’s goodwill compensation.
“Customer(s)”: person(s) that has accepted these Terms. May also be referred to as “Client” on some documents.
“Flight Compensation”: total amount of money paid by an airline in relation to a Claim as compensation, refund, damages, settlement, a gesture of goodwill, or otherwise, to the Customer or ClaiMaster
after the Customer has accepted these Terms. For the avoidance of doubt, Flight Compensation does not include any payments or reimbursements of attorney’s fees, cost of legal advice, court fees, collection cost, interest, or similar, which have been pre-financed by ClaiMaster or result from ClaiMaster’s intervention.
“Justice as a Service”: is ClaiMaster’s pursuit of a Claim, including, if necessary, by Legal Action.
“Legal Action”: filing a Claim with a court or a government body, such as a national enforcement body (NEB), or handing over a Claim to a contracted legal representative, such as an attorney or law firm.
“EC 261”: Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights. or the law as it was held by the UK after Brexit (APR 2019).
Agreement
After the Customer has accepted these Terms and submitted a Authority Document, the Agreement shall be in place, and the Customer agrees to receive Justice as a Service and ClaiMaster agrees to deliver Justice as a Service.
By entering into an Agreement with ClaiMaster, the Customer affirms that they are authorized and have the legal capacity to enter into the Agreement on their own behalf and, where applicable, on behalf of their fellow passengers.
By submitting the Assignment Form or an Authority Document, the Customer affirms that they are authorized and have the legal capacity to sign the Assignment Form or an Authority Document on their own behalf and, where applicable, on behalf of their minor fellow passengers.
The Customer acknowledges that ClaiMaster only seeks Flight Compensation. The Customer agrees that ClaiMaster will not accept travel vouchers and/or other services as Flight Compensation and that such an offer from airlines will be considered as refusal of payment, unless ClaiMaster determines that the likelihood of a more favorable outcome for the Customer is low and under the circumstances it would be the best choice to accept such offer.
The Customer affirms that the Claim has not been assigned to third parties and no legal dispute is pending or expected between the Customer and the airline in the same matter.
After submitting the POA Form, the Customer may not assign the Claim to any other party as the legal title to the claim has been assigned to ClaiMaster. After submitting the Authority Document, the Customer may not mandate another third party to act on behalf of the Customer concerning the same Claim.
Any existing engagements or assignments, if any, must be canceled before submitting the Assignment Form or an Authority Document. For the avoidance of doubt, in the event that the Customer has signed an Authority Document, the Customer can withdraw the authority given in the Authority Document by giving written notice to ClaiMaster. This withdrawal does not affect the Agreement itself.
If the Customer receives any direct payments or any other compensation from the airline concerned after entering into the Agreement, the Customer shall be obliged to advise ClaiMaster without delay. Such payments shall be considered Flight Compensation and entitle ClaiMaster to its Service Fee.
After an Authority Document, the Customer shall be obliged to cease negotiations with the airline concerned and direct any contact made by the airline to ClaiMaster in order to ensure that ClaiMaster achieves the best result possible.
§3 Description of Justice as a Service
ClaiMaster asserts the Customer’s Claim for Flight Compensation from the operating airline on the basis of EC 261 or any other Air Passenger Rights Regulation in force applicable to the Customer’s particular air travel.
Flight data and information may be submitted to ClaiMaster email, or other electronic or software solutions supported by ClaiMaster, or phone.
To pursue the Claim successfully, ClaiMaster needs the Customer’s submitted Authority Document, which they can send to ClaiMaster using email, or postal service. On receiving a Customer’s Authority Document, ClaiMaster prepares a request for payment and sends it to the operating airline without unreasonable delay and handles all further correspondence. For this part of Justice as a Service, if Flight Compensation is paid, ClaiMaster charges its Service Fee.
If the operating airline fails to pay Flight Compensation within a reasonable period after being notified by ClaiMaster and provided the case may be asserted with adequate certainty, ClaiMaster may propose and initiate Legal Action to pursue the Claim. In the event that Legal Action is undertaken as advised and Flight Compensation is paid, the appropriate fee shall apply.
In the event that a contracted legal representative is used for Legal Action, the Customer will allow ClaiMaster to grant the contracted legal representative access to all of the data communicated to ClaiMaster and allow the legal representative to transfer information concerning the proceedings to ClaiMaster. Where a separate Authority Document, Assignment Form, or other additional documents are required by the relevant court, the Customer undertakes to sign such additional documents.
If the contracted legal representative comes to the conclusion that there are insufficient prospects of success, the Customer will be advised about this and the Claim will not be actively pursued any further. In the event of changes affecting the Claim’s prospects of success, ClaiMaster reserves the right to contact the Customer and actively pursue the Claim again.
If ClaiMaster or the contracted legal representative institutes legal proceedings to pursue a Claim, ClaiMaster will cover any costs incurred in the event the lawsuit is lost. In the event the lawsuit is won, or a settlement has been reached between the airline and ClaiMaster, ClaiMaster will cover any costs incurred that are not covered by the airline. If a lawsuit is won, a claim for reimbursement of court fees will be put forward on behalf of the Customer. The same applies for the cost of legal advice and attorney’s fees regardless of whether the legal proceedings are performed by ClaiMaster or a contracted legal representative.
The Customer acknowledges that it is the sole decision of ClaiMaster to accept any settlement offer since the Customer has assigned the Claim to ClaiMaster. In case ClaiMaster acts on behalf of the Customer pursuant to an Authority Document, the Customer authorizes ClaiMaster to accept or reject settlement offers based on ClaiMaster’s experience with the airline and the advice from external legal representatives.
ClaiMaster may pursue the Claim in its own name with the assigned Claim, with or without the help of a legal representative. Where appropriate and/or legally necessary, ClaiMaster may reassign the Claim to the Customer and the Customer agrees to grant ClaiMaster with an Authority Document to deliver Justice as a Service and collect and/or receive payments.
4 Fees and Payments
ClaiMaster provides Justice as a Service free of charge unless ClaiMaster is successful in collecting Flight Compensation (“no win no fee”).
If ClaiMaster is successful, ClaiMaster will transfer the Flight Compensation to the Customer, after deducting any fees that may apply that is %20 of the balance remaining after any legal costs we may incur.
You can refer to our fee calculator to better understand the price.
We may take Pre-financed court fees and attorney’s fees which will also be offset from any payments transferred to ClaiMaster in the name of the Customer.
If ClaiMaster is successful, but the Flight Compensation and/or attorney’s fees, court fees, interest or similar has been transferred directly from the airline to the Customer, the Customer will be invoiced and commits to transfer ClaiMaster fees without unreasonable delay to ClaiMaster.
Payment of the agreed part of the Flight Compensation to the Customer will be done as agreed by ClaiMaster.
In addition, ClaiMaster reserves the right to pass on to the customer any bank transfer fee and or postal charges related to the case.
For the purpose of fee calculation, any funds recieved directly by the passenger (e.g. flight refund ) will be considerd in the flight payment currency based on the exchange rate of the flight departure date, however, if ClaiMaster is aware that the amount received by the passenger is different to the above, ClaiMaster will be entitled to base the fee on the known amount.
We do our best to calculate all due funds in a precise accurate manner, but incase we make a mistake in any of the calculations/transfer amounts and such, it will be considered ‘Mochul’ by the passenger and where appropriate, will be regarded as part of the ClaiMaster fee if remained unnoticed for at least 6 months from the case closure date.
If the Customer has provided wrong or insufficient information to pay the Flight Compensation and it is returned to ClaiMaster, ClaiMaster will make reasonable endeavors to contact the Customer, including email reminders and other means of communication provided by the Customer to ClaiMaster. If the Customer does not respond to provide correct payment information within 24 months, ClaiMaster shall be entitled to keep the part of the Flight Compensation that otherwise should have been transferred to the Customer.
When ClaiMaster has paid the agreed Flight Compensation in accordance with the instruction of and method selected by the Customer, ClaiMaster shall not be liable for cash, checks, prepaid debit cards, credit cards, and similar,- lost in transit to the Customer;
Additionaly, ClaiMaster shall not be liable in case of funds lost due to bank collaps. (funds held in UK accounts will be protected by the FSCS) or simmiller if it had taken all reasonble messures to protect the funds.
if the customer has opted for receiving the funds in a currency other than the one it was received in from the airline, the fee shall be calculated before transfer, ClaiMaster will then send the funds based on the applicble change rate, ClaiMaster will not be responsible for changes in the exchange rate available between the receipt of the funds from the airline, ans the funds transfer to the passenger.
any effect of the Customer giving wrong bank account information, wrong address, or similar, including, but not limited to, the Flight Compensation being paid to the wrong receiver. If Flight Compensation has been paid to a wrong receiver at the fault of the Customer, ClaiMaster shall not be obligated to actively reclaim it.
No interest may be claimed for the period between the incoming and outgoing payments. ClaiMaster reserves the right to retain any interest that has been received from the airline and/or the bank.
ClaiMaster shall not be liable for any amount of compensation, damages or similar, if ClaiMaster is prevented from transferring the payment to the Customer by an event beyond its reasonable control, including but not limited to, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, and storm.
5 Data Protection
ClaiMaster will primarily use the personal data provided by the Customer for the purpose of delivering its service. ClaiMaster may also collect personal data for other purposes such as statistics, administration, and communication. All personal data is collected in accordance with the General Data Protection Regulation, Regulation (EU) 2016/679 (see Privacy Statement) or other data protection laws that may be applicable.
The Customer provides ClaiMaster with personal data under the General Data Protection Regulation or other data protection laws that may be applicable, with the explicit permission to process the personal data given by the Customer and, where applicable, given on behalf of or by their fellow passengers for the use thereof in the context of the Agreement. ClaiMaster will only transfer the personal data to third parties under the conditions as listed below:
if the Customer has given consent;
if it is for a purpose directly related to the original purpose for which the personal data was collected;
if it is necessary for the preparation, negotiation, and fulfilling the Agreement with the Customer;
if it is required due to a legal obligation, administrative, or court order;
if it is required for the establishment or protection of legal claims or in defense of court actions;
if it serves the prevention of misuse or other illegal activities, such as deliberate attacks, to ensure data security.
If it helps ClaiMaster administer its services with third parties.
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Data and information from the Client
On request by ClaiMaster, the Customer or their fellow passengers will provide ClaiMaster with all data or information that is required for the execution of the Agreement. The Customer warrants that the data and information provided is correct, complete and true, and where applicable, given with the consent of the fellow passengers.
The Customer agrees to fully indemnify ClaiMaster in all respects for all third-party claims including, but not limited to, incorrect Customer communications, provision of incorrect data/information, and fraudulent conduct.
In case of incorrect data/information and fraudulent conduct, ClaiMaster reserves the right to terminate the Agreement with immediate effect. If the Agreement is terminated in accordance with this paragraph, the Customer will not have any right to compensation of any kind.
7 Right of withdrawal
If the Customer qualifies as a consumer in accordance with EU consumer regulations i.e. they are a person who enters into a legal transaction for a purpose that is neither their commercial nor their independent vocational activity, they have a statutory right of withdrawal.
The Customer can withdraw their acceptance of the Agreement within 14 days from the conclusion of the Agreement (e.g., letter, email) without the need to specify any reasons. To exercise their right to withdrawal, the withdrawal must be communicated within the 14-day period mentioned above and it must clearly state their wish to withdraw from the Agreement. Due to the nature of the service provided to the Customer, they cannot withdraw from our Agreement, if we have informed the Customer that the airline has accepted the Claim, as in such an event we have completed the service they requested. The withdrawal can be sent to the following email: claimaster123@gmail.com or info@claimaster123.com
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Final Provisions
ClaiMaster is authorized to alter these Terms and to set forth additional conditions at any time and without notice. However, changes with a negative effect on the Customer will not apply to the Customer, unless the Customer agrees to new changes.
The laws of the United Kingdom apply to these Terms, and the Agreement between ClaiMaster and the Customer, without regard to conflict of laws principle.
Should any provision of these Terms be or become void, illegal, or unenforceable, this shall not affect the validity of the remaining provisions in any way whatsoever.
Rights and obligations fully or partially related to any submitted Claim may be transferred without restrictions by ClaiMaster to any third parties.
The English version of these Terms shall prevail in case of inconsistency to any other language version.
Updated: December 12 02 2023