What is it that Delayed Flights Compensation Limited will do for you?
We will assess your claim and if appropriate, pursue a claim for the recovery of your losses, on your behalf or refer your details to an appropriate solicitor. For these types of Referred Claims (as defined below) please see paragraph 9 for the additional terms which will also apply.
Where a claim is not a Referred Claim:
We will deal with all aspects of your claim, including all correspondence. This includes all negotiations where required with relevant companies and/or institutions. On occasion, it may be necessary for us to obtain further signed documentation to make this possible. We will, if needed, pursue your claim with the Civil Aviation Authority (CAA) (or another regulatory body) at no additional cost to you. As part of these terms you agree that you are aware that you could take the complaint to the CAA yourself and you are aware that the CAA does not charge for their service.
We will inform you of all and any offers of settlement that we receive, evaluate them and inform you in writing whether we consider that you should accept or reject the offer.
We will always act in your best interests when pursuing your claim and endeavour to achieve for you, the absolute best results realistically obtainable.
If, as per your instruction, the recovered amount is paid directly to Delayed Flights Compensation, Limited we will deduct our agreed fee and forward the rest of the amount awarded to you without delay. If the payment is made directly to you, which can happen on occasion, we will forward an invoice to you for immediate payment. We claim for you and any additional passengers and you have entered into this agreement on their behalf.
What is it that Delayed Flights Compensation Limited will not do for you?
We will not offer or give you financial advice.
We cannot guarantee to win a claim we accept and pursue.
We will not advise you to pursue a claim that in our opinion has no realistic chance of success. We also reserve the right to cancel this Agreement if we form this opinion.
We will not advise you to accept an offer we consider insufficient or to reject an offer we consider adequate. We reserve the right to cancel this Agreement if you decide to accept an offer of compensation we consider insufficient or to reject an offer we deem to be adequate.
We will not accept an offer of compensation on your behalf without your agreement.
What is it that we require you to do?
Please provide us with clear instructions.
Co-operate fully with us.
Not to mislead us or ask us to act in an improper or unreasonable way.
To provide us with the exclusive authority (excluding even yourself) for the duration of the contract:
- to pursue your claim
- to enter into correspondence and negotiations on your behalf,
- to receive, process and provide valid receipt for any remuneration made,
- to ask the financier of the cheque (for your compensation payment)
- to make it payable to Delayed Flights Compensation Limited so that we can process it or, if the cheque is made payable to you, to pay it into a client account and to deduct our fee, as set out in this Agreement, before forwarding the balance to you.
If a compensation payment cheque is sent directly to you, you must forward the cheque to us so that we can process it, deduct our agreed fee and forward the remaining due balance to you.
If payment is made directly into your bank account, you must pay our invoice immediately.
In the unlikely event that we do not succeed in obtaining compensation, you pay us nothing. We also do not charge you for Referred Claims in respect of which paragraph 9 will apply.
We charge 30% plus V.A.T (where applicable). For example, if compensation of £1,000 is awarded, our fees would be £360.00. You would receive £640.00.
Compensation includes reduction of an existing debt; or other form of redress.
In the event that payment is made directly to you, if you fail to pay our invoice, we will take the necessary steps to recover all fees due to us under the terms of this agreement. In addition to the unpaid charges, you will pay Delayed Flights Compensation Limited a recovery fee of £100.00 plus V.A.T at the prevailing rate. In addition, you will, at all times, keep Delayed Flights Compensation Limited indemnified against all costs and expenses including but not limited to court fees, interest and administration fees of recovering those fees from you.
Non Payment of Invoice
Without exception, all invoices must be paid in full within 14 days of issue. The costs of any telephone calls and invoice reminders may be added to the outstanding debt:
- £10 +VAT second and subsequent written reminder
- £25 +VAT second and subsequent telephone reminder
- £50 +VAT Solicitors Letter Before Action
The cost of any County Court action (£30-£108) will be added to the outstanding debt together with statutory interest, pursuant to Section 69 of County Court Act 1984 until the debt is paid in full.
What is it that Delayed Flights Compensation Limited will not do for you?
Where we charge you a fee in accordance with paragraph 4 above, you are responsible for the immediate payment of our fees. These fees must be paid from the amount you are awarded.
If you receive compensation in a non monetary sense, I.E a gift, vouchers, a future flight or similar you still owe Delayed Flights Compensation Limited 30% + VAT (where applicable) of the item, voucher, or flights value. Please note, this usually only happens on US internal flights.
A Third Party may disregard your instruction to send settlement monies to us and send the cheque directly to you. In the event this happens, you must contact us immediately upon receipt of the cheque and send the cheque to us. Once we have been made aware that you have received your settlement (either via notification from you or the Third Party) our agreed fees will be deducted from the settlement amount prior to sending you your compensation in the form of a Delayed Flights Limited cheque. If for any reason we do not receive the cheque from you, we will forward an invoice to you for immediate payment.
Cancellation of this Agreement
We reserve the right to cancel this Agreement at any time. There will be no fee payable if we advise you that your claim is unlikely to succeed and you have fulfilled your obligations (as laid out in section 3 of this agreement).
There will be no fees payable if you cancel within 14 days of this agreement.
If this agreement is cancelled (by either party) when an offer of payment has been made, we will enforce our charges of 30% plus VAT, plus any fees which may have been incurred by us in the administration of your claim.
If you cancel this Agreement prior to any offer or settlement has been made, we reserve the right to charge you for the administration of your claim, up to the point at which you informed us you would like to cancel.
Cancellation of this Agreement by either party must be in writing and delivered by registered post.
The Complaints Procedure
The Company operates a complaints procedure, full details of which are available upon request.
We will hold, control and process your personal information in accordance with the Data Protection Act 1998. By providing your personal information to us, you explicitly authorise us to process the information for the purposes set out in this paragraph. You can, at any time, request a copy of all information we hold relating to you by writing to us (a written Data Subject Access Request in accordance with the Data Protection Act). You will be charged an administration charge of £10.00 for this. We will use the personal information you provide to assess your claim and carry out our duties in accordance to this Agreement. We may share your personal information with other companies if necessary during the process of your claim for compensation, or any financial matters we believe may be of assistance to you.
For some types of claim we have a referral relationship with solicitors from whom we may receive a referral fee for passing them details of your claim (a "Referred Claim").
Once you have provided us with details of your claim we will assess it and if suitable, refer your details to an appropriate solicitor with the necessary experience and expertise to pursue the claim for the recovery of losses, on your behalf.
The solicitor we refer your details to will contact you to obtain further information about your claim.
If the solicitor agrees to manage your claim they will deal with all aspects of it, including all legal correspondence. This includes negotiating on your behalf where required with relevant companies and/or institutions.
The solicitor may require you to accept their terms of engagement and may require you to provide identification for their records.
Once the solicitor has agreed to manage your claim all correspondence should be directed to them and not to us.
If you have any complaints about the solicitor you should refer to the solicitor’s complaints procedure set out in their terms of engagement.