My Flight Was Delayed Terms and Conditions

Definitions

In these terms and conditions (the “Terms”), the defined terms below shall have the following meaning:

“Agreement”: an agreement between a Customer and MyFlightWasDelayed or delivery of Justice as a Service.

“MyFlightWasDelayed” or “My Flight Was Delayed”: My Flight Was Delayed Corp., a corporation organized under the laws of Canada.

“Air Passenger Protection Regulation”: any law, regulation, directive, international convention, or similar, 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.

“Assignment Form”: the electronic document, whereby the Customer and My Flight Was Delayed agree that My Flight Was Delayed shall become owner of the Claim, subject to the terms and conditions of the document, in order to collect and receive payments.

“Authority Document”: a document which authorizes My Flight Was Delayed and/or one of My Flight Was Delayed’s affiliates to act on behalf of the Customer.

“Claim”: any claim against an airline for monetary compensation, damages, or refund pursuant to Air Passenger Protection Regulations or an airline’s goodwill compensation.

“Customer(s)”: person(s) that has accepted these Terms. May also be referred to as “Client”.

“Eligibility Service”: is My Flight Was Delayed’s delivery of its state-of-the-art claim eligibility determination through software. The Eligibility Service is conducted on a Claim-by-Claim basis in My Flight Was Delayed’s web form. The Eligibility Service will inform the Customer of the likelihood of having an eligible Claim. An eligible Claim will have a high likelihood of getting paid and My Flight Was Delayed will provide its Justice as a Service for such Claims if requested by the Customer. Claims that are not eligible will have a low likelihood of getting paid and My Flight Was Delayed will not provide its Justice as Service for such Claims.

“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 My Flight Was Delayed 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 My Flight Was Delayed or result from My Flight Was Delayed's intervention.

“Information Service”: is My Flight Was Delayed’s provision of flight information, airline information, airport information, other travel-related information, information about air passenger rights, and consumer protection laws. The information will both be specifically relevant to the Customer’s travels and of a more generic context, such as ranking of airports or airlines, or news about changes in air passenger rights. The information will be delivered through electronic communication, including email, a personalized dashboard, or My Flight Was Delayed controlled websites.

“Justice as a Service”: is My Flight Was Delayed’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 Canadian Transportation Agency (CTA), or handing over a Claim to a contracted legal representative, such as an attorney or law firm.

“Electronic Signature”: A ‘signature’ delivered by the Customer electronically via the online My Flight Was Delayed signing tool. This Electronic Signature may be used on the Assignment Form, for the purpose of proving the assignment of the claim in communication with the airline and/or in court procedures, and/or on the Authority Document or other documents.

Agreement

After the Customer has accepted these Terms, My Flight Was Delayed agrees to deliver, and the Client agrees to receive Eligibility Service and Information Service.

After the Customer has accepted these Terms and submitted (with Electronic Signature) either the Assignment Form or Authority Document, the Agreement shall be in place, and the Customer agrees to receive Justice as a Service and My Flight Was Delayed agrees to deliver Justice as a Service.

By entering into an Agreement with My Flight Was Delayed, 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 My Flight Was Delayed only seeks Flight Compensation. The Customer agrees that My Flight Was Delayed 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 My Flight Was Delayed 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 Assignment Form, the Customer may not assign the Claim to any other party as the legal title to the claim has been assigned to My Flight Was Delayed. 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 My Flight Was Delayed. 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 My Flight Was Delayed without delay. Such payments shall be considered Flight Compensation and entitle My Flight Was Delayed to its Service Fee. 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 payments shall belong solely to My Flight Was Delayed.

After submitting the Assignment Form or an Authority Document, the Customer shall be obliged to cease negotiations with the airline concerned and direct any contact made by the airline to My Flight Was Delayed in order to ensure that My Flight Was Delayed achieves the best result possible.

Description of Justice as a Service

My Flight Was Delayed asserts the Customer’s Claim for Flight Compensation from the operating airline on the basis of Air Passenger Rights Regulation in force applicable to the Customer’s particular air travel. Flight data and information may be submitted to My Flight Was Delayed via the website, email, other electronic or software solutions supported by My Flight Was Delayed, or phone.

To pursue the Claim successfully, My Flight Was Delayed needs the Customer’s submitted Assignment Form or Authority Document, which they can send to My Flight Was Delayed via the web form or using email, or postal service. On receiving a Customer’s submitted Assignment Form or Authority Document, My Flight Was Delayed 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, My Flight Was Delayed charges its Service Fee (see Price List).

If the operating airline fails to pay Flight Compensation within a reasonable period after being notified by My Flight Was Delayed and provided the case may be asserted with adequate certainty, My Flight Was Delayed 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, My Flight Was Delayed charges the Legal Action Fee in addition to the Service Fee, see Price List).

In the event that a contracted legal representative is used for Legal Action, the Customer will allow My Flight Was Delayed to grant the contracted legal representative access to all of the data communicated to My Flight Was Delayed and allow the legal representative to transfer information concerning the proceedings to My Flight Was Delayed. 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. In cases where the Customer has signed an Assignment Form, and later signs an Authority Document (or similar), the Customer accepts that the Authority Document assigns the Claim back to the Customer.

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, My Flight Was Delayed reserves the right to contact the Customer and actively pursue the Claim again.

If My Flight Was Delayed or the contracted legal representative institutes legal proceedings to pursue a Claim, My Flight Was Delayed 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 My Flight Was Delayed, My Flight Was Delayed 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 My Flight Was Delayed or a contracted legal representative.

The Customer acknowledges that it is the sole decision of My Flight Was Delayed to accept any settlement offer since the Customer has assigned the Claim to My Flight Was Delayed. In case My Flight Was Delayed acts on behalf of the Customer pursuant to an Authority Document, the Customer authorizes My Flight Was Delayed to accept or reject settlement offers based on My Flight Was Delayed’s experience with the airline and the advice from external legal representatives.

My Flight Was Delayed 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, My Flight Was Delayed may reassign the Claim to the Customer and the Customer agrees to grant My Flight Was Delayed with an Authority Document to deliver Justice as a Service and collect and/or receive payments.

Fees and Payments

My Flight Was Delayed provides Eligibility Service and Information Service free of charge.

My Flight Was Delayed provides Justice as a Service free of charge unless My Flight Was Delayed is successful in collecting Flight Compensation (“no win no fee”).

If My Flight Was Delayed is successful, My Flight Was Delayed will transfer the Flight Compensation to the Customer, subject only to fees that may apply in accordance with the Price List. Pre-financed court fees and attorney’s fees will be offset from any payments transferred to My Flight Was Delayed in the name of the Customer.

If My Flight Was Delayed 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 My Flight Was Delayed’s fees without unreasonable delay in accordance with the Price List and the pre-financed received attorney’s fees, court fees, interest or similar, if any, to My Flight Was Delayed.

Payment of the agreed part of the Flight Compensation to the Customer will be done as agreed in the Price List by My Flight Was Delayed.

If the Customer has provided wrong or insufficient information to pay the Flight Compensation and it is returned to My Flight Was Delayed, My Flight Was Delayed will make reasonable endeavors to contact the Customer, including email reminders and other means of communication provided by the Customer to My Flight Was Delayed. If the Customer does not respond to provide correct payment information, My Flight Was Delayed shall be entitled to keep the part of the Flight Compensation that otherwise should have been transferred to the Customer.

When My Flight Was Delayed has paid the agreed Flight Compensation in accordance with the instruction of and method selected by the Customer, My Flight Was Delayed shall not be liable for:

- checks, prepaid debit cards, credit cards, and similar lost in transit to the Customer;

- 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, My Flight Was Delayed shall not be obligated to actively reclaim it.

No interest may be claimed for the period between the incoming and outgoing payments. My Flight Was Delayed reserves the right to retain any interest that has been recovered from the airline.

My Flight Was Delayed shall not be liable for any amount of compensation, damages or similar, if My Flight Was Delayed 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.

Data Protection

My Flight Was Delayed will primarily use the personal data provided by the Customer for the purpose of delivering Eligibility Service, Information Service, and Justice as a Service in accordance with the Agreement. My Flight Was Delayed may also collect personal data for other purposes such as statistics, administration, and communication, IT and security administration, physical security, authentication and authorization systems, support systems, a collaboration of internal projects, and organizational teams and activities.

The Customer provides My Flight Was Delayed with personal data 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. My Flight Was Delayed 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.

Data and information from the Client

On request by My Flight Was Delayed, the Customer or their fellow passengers will provide My Flight Was Delayed 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 My Flight Was Delayed 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, My Flight Was Delayed 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.

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 via email to support@myflightwasdelayed.com.

Final Provisions

My Flight Was Delayed is authorized to alter these Terms and the Price List 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 Canada apply to these Terms, the Assignment Form, and the Agreement between My Flight Was Delayed and the Customer. The Customer is, however, always entitled to claim due to protection under mandatory provisions provided by laws of the country where the Customer resides.

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 My Flight Was Delayed to any entity within the corporate group of My Flight Was Delayed and by My Flight Was Delayed to third parties.