These General Terms and Conditions (“GTC”) govern the conditions under which Aeroisk OOD provides its information, software and services through the website aeroisk.com ( hereinafter "Services"). Services are deemed to be provided only if the present GTC are accepted.
"Aeroisk" is " Aeroisk " Ltd. , UIC 203788586 , company duly registered in Bulgaria with administrative address in Varna, 12 Konstantin Velichkov Str. , 1st floor, office 8 .
"Site" is the website https://aeroisk.com maintained and owned by Aeroisk
"Customer" or "User " is any individual user and / or visitor of the Site which has agreed to these General Terms and Conditions .
"Power of Attorney" or “PoA” is the document by which the Customer grants the right to be represented by Aeroisk and authorises Aeroisk to undertake certain legal actions on behalf of the Customer ( Art. 36-43 of the CPA in connection with Art. 2-5 of LEDES )
"Regulation 261/2004" is 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
"Compensation" is the amount of money due to be paid to air passengers by the airline, according to passenger rights outlined in Regulation 261/2004 .
"Claim" is any out-of-court or court action for compensating of damages to air passengers undertaken against the airline and which action represents exercising of passenger rights under Regulation 261/2004.
"Compensation Calculator" or " Calculator " is automated system incorporated into the Site through which each User may check the possibility to obtain Compensation and to calculate its approximate amount, based on the entered information by the User. The system is automatic and works based on computer algorithms developed according to the rules of Regulation 261/2004.
The amount of compensation, shown as end result of completing all fields in the Calculator, does not constitute a binding contract offer by Aeroisk. The final amount of compensation received may be different depending on: 1) the information contained in the subsequently submitted documents (boarding pass and/or itinerary, id documents etc.), 2) negotiations with the airline or 3) subsequent court proceedings, 4) any additional external factors affecting the assessment of the claim and the amount of compensation.
"System" is computer software owned and maintained by Aeroisk which stores all the information about the Customer's Claim, including documents uploaded by the Customer .
Art 1 After filling out the data and/or the route of flight in the Calculator and the subsequent calculation of the likely amount of Compensation, the User is allowed to register a Claim in the Site of Aeroisk. Upon registration, he will receive a Claim number and credentials for electronic access in the System.
Art 2 Any use of the Calculator and/or subsequent Claim submission to the Aeroisk System, the Customer agrees, fully accepts and undertakes to comply with the GTC herein.
Subject matter and assignment of work
Art 3 Aeroisk undertakes to carry out all appropriate extrajudicial actions aimed at successful collection of the Compensation, on the legal grounds set in Regulation № 261/2004.
Art 4 (1) Except acceptance of the GTC, using the Calculator and subsequent registration in the System, also represents assigning to Aeroisk to carry out any legal actions, leading to successful Compensation of Customer. The latter makes a legally binding offer to Aeroisk and assigns to the Aeroisk to undertake any extrajudicial and judicial actions for successful collection of the Compensation from the airline.
(2) Aeroisk accepts the offer under paragraph 1 by sending a registration email to the Customer, Claim number and guidelines for access to the System of Aeroisk .
Art 5 After entry into the System, the latter automatically generates a Power of Attorney, which must be printed and signed by the Customer (without notarization/certification) and then uploaded back into the System. With such signed PoA the User authorises Aeroisk to represent the former and to undertake on User’s behalf all legally valid actions for collection of the Compensation.
Art 6 All information which the Customer fills in the "Compensation Calculator" and the System must be accurate, matching the identity of the customer and / or his companions in the flight and meet the real factual situation.
Services rendered by Aeroisk
Art 7 (1) Customer's Compensation, if possible, is to be collected by extrajudicial actions. The goal is to reach out of court agreement with the airline and collect the due Compensation.
(2) Aeroisk team undertakes all allowed extrajudicial legal actions to collect the sought amount of Compensation .
Art 8 (1) If the airline refuses to pay Compensation due to a reason, we consider to be ungrounded, Aeroisk may decide to take legal action on behalf of the Customer by initiating a lawsuit against the airline before the competent EU court.
(2) Legal actions may also be undertaken in cases where Aeroisk's efforts in the negotiations with the airline don't achieve satisfactory results or subsequent payment of the Compensation.
(3) A qualified EU lawyer in the field of aviation law may be instructed for the court proceedings.
Art 9 (1) By signing the PoA, the Customer grants its written consent that Aeroisk can initiate court proceedings if the latter deems such are necessary for successful collection of the Compensation for the Customer.
(2) Due to the above, it is not required any additional explicit consent of the Customer to be represented in court. However, depending on the Claim jurisdiction, Aeroisk may request such explicit PoA to be signed by the Customer.
(3) In case the Customer receives compensation directly from the airline during or after the extrajudicial or judicial actions, initiated by Aeroisk, the Customer is obliged to inform Aeroisk about such fact, to provide all evidence of receipt of Compensation as well as to pay Aeroisk within seven days from the receipt of Compensation, the due comission, all expenses and interest under these GTC.
Commission and payment
Art 10 (1) Aeroisk shall receive commission for their work only upon successfully collected Compensation for the Customer. Successful collection means receipt either by Aeroisk or the Customer of the any Compensation amount.
(2) In case of failure, the Customer is not obliged to pay for any Aeroisk services or any incurred legal fees and court costs.
Art 11 (1) The due commission is 25% (twenty five percent) of the amount of Compensation plus value added tax (VAT) .
(2) Aeroisk seeks to collect the full amount of the due Compensation and doesn't accept proposals by the airline to receive smaller amounts or any other alternative benefits such as vouchers instead of cash Compensation .
Art 12 In case of successful court proceedings and a judgement, awarding the Customer with only part of the claimed amount, Aeroisk shall be due a commission of 25% (twenty five percent)+VAT of the amount, which the court has awarded to the Customer.
Art 13 (1) Aeroisk has the right to deduct the agreed commission from the amount of Compensation plus VAT, before transferring the rest to the Customer's bank account or to any other place, prescribed by the Customer.
(2) Upon receipt of the Compensation from the airline, Aeroisk deducts the commission, set in Art. 11 and 12 and at earliest convenience pays the remainder of the Compensation to the Customer.
Rights and Obligations of the Customer
Art 14 The Customer can view the Site and make Claims for Compensation through the System, which actions by its nature constitute a binding offer to use the services of Aeroisk.
Art 15 The Customer has the right to be informed about the status of their Claim for Compensation through their personal profile on the Site or by contacting Aeroisk by phone or email.
Art 16 The Customer bears full responsibility for protecting their username, Claim number and password as well as for all acts performed by him or a third person, using Customer's username and password. Customer is obliged to notify immediately Aeroisk in case of unauthorized access and use of their username and password, including whenever there is a risk of such use.
Art 17 (1) The Customer undertakes to assist in good faith during the procedure of collecting the Compensation, providing all necessary information, documents and evidence (eg. boarding pass , itinerary, id document etc . ) .
(2) The Customer shall send timely to Aeroisk all information which is relevant to his right of Compensation to Aeroisk.
(3) The Customer shall inform Aeroisk within two days if the airline contacts him directly for payment of the Compensation or offers him or send him an alternative to the Compensation (eg, voucher or coupon for a discount , etc . )
Art 18 (1) In cases where the Customer wishes to receive its Compensation by bank transfer, the he shall provide details about his bank account.
(2) If the Customer wishes receive his Compensation by another means, he should explicitly inform Aeroisk by email, explicitly stating requested method of transfer .
(3) Any bank and other charges in connection with the transfer under paragraph 1 and paragraph 2 are borne by the Customer.
Art 19 (1) Upon accepting the present GTC and assigning to Aeroisk to collect the Compensation, the Customer is obliged not to contact any other companies, agents or lawyers who provide the same services. If such thing happens, the Customer owes all expenses, Aeroisk has made during the recovery of the Compensation.
(2) The Customer shall not undertake any other legal action against the airline. If he wishes to undertake other actions against the airline which are not included in the services, provided by Aeroisk, the Customer can do so only with the explicit consent of Aeroisk .
Art 20 Customer has the right to cancel the services of Aeroisk even after accepting the GTC. The terms for cancellation are listed in Article 25 hereof.
Rights and Obligations of Aeroisk
Art 21 Aeroisk may refuse to provide its services to the Customer, even if the latter has assigned the collection of the Compensation through the Site
Art 22 (1) GTC can be amended at any time by Aeroisk.
(2) Aeroisk shall notify the Customer of any changes in GTC by publishing a notice about the changes on the Site.
Art 23 (1) Aeroisk reserves the right to terminate or restrict access to the Site and the services provided at any time.
(2) Aeroisk reserves the right to modify or terminate (temporarily or permanently) any element or part of their services .
Art 24 Aeroisk reserves the right to terminate the provision of its services to the Customer in case of breach of any of the Customer's obligations, described in Article 19.
Cancellation of assignment
Art 25 Each User, who has assigned to Aeroisk collection of Compensation, is entitled to cancel the assignment within 14 (fourteen) days after its assignment, without naming reason for his decision. The date of assignment is the date of registration of the Claim in the system Aeroisk
(2) The notice for cancellation of assignment can be sent to Aeroisk in writing (letter, email) and in an informal way.
Art 26 Customer can't cancel the assignment to Aeroisk, if before or on the date of the cancellation notice, the efforts of Aeroisk have already resulted in successfully obtaining Compensation for the Customer.
Art 27 These GTC are governed by the Bulgarian law and any disputes should be brought before the competent Bulgarian court.