These Terms and Conditions govern the terms on which Aeroisk Ltd provides its information, software and services through the aeroisk.com website (the "Services"). The Services shall only be deemed to be provided if these Terms and Conditions are accepted.
Terms used
"Aeroisk" is Aeroisk EOOD, with UIC 203788586, registered in Bulgaria with registered office address. Aeroeroeisk, registered office at. "9 Dragoman Str., 2nd floor.
"Website" means the website https://aeroisk.com owned by Aeroisk Ltd.
"Customer" or "User" is any person using the Site who has accepted these Terms and Conditions.
"Power of Attorney" is the document by which the Customer grants a representative authority to Aeroisk and/or a lawyer and/or law firm, whereby the attorneys jointly and severally on behalf of the Customer take all necessary actions to achieve out-of-court or judicial recovery of monetary compensation under Regulation (EC) 261/2004, Montreal Convention, Regulation (EC) 261/2004, Montreal Convention, Air Passenger Rights and Air Travel Organiser Licensing (Amendment) (EU Exit) Regulations 2019. , Air Passenger Rights Regulation of the Republic of Turkey, Air Transport Law of the Republic of Serbia and any other applicable local legislation.
"Contract" means the Contract of Award which the Customer signs with Aeroisk and to which these Terms and Conditions form an integral part.
Regulation 261/2004" means 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' means a sum of money to be paid to an air passenger by the airline concerned in accordance with the rights of passengers under Regulation 261/2004.
"Claim" means any out-of-court or legal claim for Compensation by a passenger against an airline based on the rights granted to passengers under Regulation 261/2004.
"Compensation Calculator" or "Calculator" is an automatic system incorporated into the Site by means of which any user of the Site can check the likelihood of receiving compensation, and calculate its amount, according to the data initially entered by him. The system is automatic and works on the basis of computer algorithms developed in accordance with the rules of Regulation 261/200. The amount of the Indemnity shown as the final result of filling in all the fields in the Calculator does not constitute a binding offer of contract by Aeroisk. The final amount of compensation received may vary, depending on the information contained in the documents subsequently submitted (boarding pass and/or flight reservation, personal documents, proof of additional expenses incurred, etc.), depending on the negotiations with the airline or in a possible lawsuit, as well as additional external factors influencing the evaluation of the claim and the amount of compensation.
"System" means the computer software owned by Aeroisk Ltd which stores all information about the Customer's Claim, including documents attached and/or electronically signed by the Customer.
General
Art. 1. After filling in the data and/or flight itinerary in the Calculator, and the initial calculation of the amount of the Indemnity, the User may register a Claim for Indemnity on the Aeroisk Website, whereby he/she will receive a confirmation of the email used to register and a Claim number, together with a copy of these General Terms and Conditions.
Art. 2. By clicking on the "Register and Submit Claim" button, the User accepts and undertakes to comply with these General Terms and Conditions.
Subject matter of the contract and award of work
Art. 3. Aeroisk and/or a lawyer and/or law firm authorised by the Customer shall jointly and severally carry out any legally valid out-of-court and legal actions, on behalf of the Customer, in order to successfully collect and obtain the full amount of the monetary Compensation due, on the grounds set out in European Regulation 261/2004, the Montreal Convention, Regulation (EC) 261/2004, the Montreal Convention, the Air Passenger Rights and Air Travel Organiser Licensing (Amendment) (EU Exit) Regulations 2019. , Air Passenger Rights Regulation of the Republic of Turkey, Air Transport Law of the Republic of Serbia and any other applicable local legislation.
Art. 4. Use of the Calculator and subsequent registration on the System, in addition to acceptance and agreement to these Terms and Conditions, shall constitute an assignment to Aeroisk, to perform personally, through its representative or through a lawyer and/or law firm authorized by the Customer, any and all actions to bring a Claim for Compensation on behalf of the Customer.
Art. 5. After registration in the Aerosisk System, the latter shall automatically generate the documents necessary for the processing of the Claim and the execution of the work assigned and shall be signed electronically or printed and signed physically (without notarization) by the Client and the latter shall attach scanned or photographed copies back to the System. The Client authorizes Aerosisk to represent him/her in person, through his/her representative or through an attorney and/or law firm authorized by the Client, and, if necessary, to set up an e-mail account for the purpose of communication regarding the procedure for collection of the Indemnity and to perform legally valid actions on his/her behalf in connection with the collection of the Indemnity.
Art. 6. The information that Customers fill in the Aerosisk System must be accurate, corresponding to their identity and to the actual factual situation.
Services offered by Aerosisk
Art. 7. The Customer's compensation shall, where possible, be collected through out-of-court actions, the aim being to reach an out-of-court settlement with the airline concerned. The Aeroisk team shall take all admissible factual and legal actions to collect the amount of Compensation claimed in accordance with Regulation 261/2004.
Art. 8. In the event of any refusal by the airline to pay the Compensation for a reason which we deem to be unreasonable, Aeroisk may assess and take legal action on behalf of the Customer before the competent courts including but not limited to the European Union. Legal action may also be taken in cases where Aeroisk's efforts in negotiations with the airline do not result in an out-of-court settlement and payment within a timeframe acceptable to Aeroisk. Counsel with authority to practice in the forum state will be retained in the litigation.
Remuneration and payment
Art. 9. Aeroisk shall only receive remuneration if the Customer has successfully collected damages out of court or in court. Successful collection shall also be deemed to have occurred where the airline has paid Compensation for the flight after Aeroisk or a lawyer and/or law firm authorised by the Customer has made an out-of-court or judicial claim against it or has taken administrative action.
Art. 10. The amount of the fee shall be 25% (twenty-five percent) of the amount of the Indemnity.
Art. 11. In the event that the dispute is resolved through litigation and a decision of the competent court is made that the Customer receives only a portion of the amount of the Indemnity, Aeroisk shall receive a fee of 25% (twenty-five percent) of the amount that the court awards to the Customer.
Art. 12.(1) In the event that the airline pays the amount of the Compensation into the account of Aeroisk, Aeroisk shall deduct the remuneration Article 10 and Article 11, and within three days pay the remaining amount of the Compensation into an account designated by the Customer.
(2) In the event that the Customer receives the Indemnity directly from the airline or from any third party after Aeroisk or an attorney and/or law firm authorized by the Customer has made an out-of-court or judicial claim against the airline or has taken administrative action, the Customer shall promptly notify Aeroisk thereof and pay Aeroisk the agreed remuneration within three (3) days of receipt of the Indemnity.
(3) In the event that the Customer agrees to alternative non-monetary compensation (e.g. travel vouchers, free replacement tickets or other services from the airline), the Customer shall pay Aeroisk the consideration due on top of the compensation originally claimed in accordance with Regulation 261/2004 within 3 (three) days of agreeing to receive the non-monetary replacement compensation.
Customer's rights and obligations
Art. 13. The Customer shall be able to browse the Site and make a claim for Compensation through the System.
Art.14. The Customer shall have the right to inform himself about the status of his Claim for Indemnity, through his personal profile on the Site or by contacting Aeroisk through any of the communication channels indicated on the Site https://aeroisk.com/bg/kontakti/.
Art. 15. The Customer shall be solely responsible for the protection of his/her user name, Claim Number and password, and for all actions that are carried out by him/her or by a third party through the use of his/her user name and password. The User shall immediately notify Aeroisk of any instance of unauthorized access through the use of his/her username and password and whenever there is a risk of such use.
Art. 16. (1) Each Customer or User of Aeroisk undertakes to cooperate in the successful conduct of the procedure for the collection of the Indemnity by providing the necessary information, documents and evidence (e.g. boarding pass, reservation, identity document, etc.) and other documents necessary for the procedure for the collection of the Indemnity, including the handwritten signature of the same.
(2) The Customer undertakes to send any useful information to Aeroisk immediately upon receipt of the same and which is relevant to his entitlement to the Indemnity.
(3) The Customer undertakes to inform Aeroisk within two days if the airline contacts him directly and/or offers him or sends him an alternative to the Indemnity (e.g. vouchers, free replacement tickets or other services from the airline).
Art. 17. (1) The collected Compensation shall be received by the Customer by bank transfer, the latter being obliged to indicate a bank account to which the Compensation shall be paid. The Customer is responsible for the correctness and currency of the bank details provided by him.
(2) Any bank and other translation fees and differences under and in connection with the transfer referred to in Par. 1 shall be borne by the Customer.
Art. 18. (1) When registering a new Claim, the Customer shall notify Aeroisk if he has made a Claim for Compensation for the same flight, either personally or through a third party, by ticking the box on the form to be completed when making the Claim.
(2) After acceptance of these Terms and Conditions and assignment to Aeroisk for collection of the Compensation, the Customer shall not contact other companies, agents or attorneys providing similar services in connection with compensation for the same flight.
(3) The Customer may not take any other legal action for the same flight against the relevant airline independently. If the Customer wishes to take any other action, not covered by Aeroisk's services, against the airline, the Customer may only do so with the consent of Aeroisk.
Art. 19. The Customer has the right to withdraw from the services of Aeroisk after accepting the General Terms and Conditions. The conditions for withdrawal are described in Article 24 of these General Terms and Conditions.
Rights and obligations of Aeroisk
Art. 20. Aeroisk has the right to refuse to accept a Claim and to provide its services to a Customer who has made a proposal for assignment through the Site, without specifying a reason for doing so.
Art. 21. (1) These Terms and Conditions may be amended at any time by Aeroisk.
(2) Aeroisk shall notify the Client of changes to the General Terms and Conditions by prominently posting a notice of the changes on the Site and giving the Client sufficient time to familiarize himself with the changes.
Article 22 (1) Aeroisk reserves the right to terminate or restrict access to the Site and the services provided at any time.
(2) Aerosisk reserves the right to modify or discontinue (temporarily or permanently) any element or part of its services.
Art. 23. Aeroisk reserves the right to terminate the provision of its services to the Customer in the event of a breach of the Customer's obligation described in Article 18 of these Terms and Conditions and to claim penalties pursuant to Article 25.
Refusal of assignment
Art. 24. (1) Any Customer who has entrusted Aeroisk with the collection of a Compensation shall have the right to withdraw from the entrustment within 14 (fourteen) days after its acceptance, without naming any reason for its decision. The date of acceptance shall be deemed to be the date of registration of the Claim in Aeroisk's system.
(2) The Customer may not waive its assignment to Aeroisk if Aeroisk has already made a claim for compensation to the Airline personally, through its representative or through an attorney and/or law firm authorized by the Customer and/or has made a request for assistance to the competent administrative or arbitration authorities and/or has taken legal action to collect the Indemnity on behalf of the Customer.
(3) The waiver of assignment may be made in free text and must be sent to Aeroisk in writing - letter (to the address in Varna, 9 Dragoman Street, Floor 2) or email (to the email address office@aeroisk.com).
Penalties
Art. 25. (1) In the event that the Customer fails to fulfil its obligations under Articles 12(2) and 12(3) of these General Terms and Conditions within 7 (seven) days after the expiry of the period specified in the same articles, it shall owe Aeroisk the remuneration under Article 10 together with a penalty of 10% of the value of the Indemnity.
Applicable law
Art. 26. These General Terms and Conditions have been made and shall be enforced and interpreted in accordance with applicable Bulgarian law and any dispute arising out of or in connection with these General Terms and Conditions and the Contract shall be subject to the jurisdiction of the District Court of the City of Aeroisk. Varna.
Effective from 16.02.2025.