These General Terms and Conditions govern the terms and conditions under which Aeroisk Ltd. provides its information, software and services through the aeroisk.com website (hereinafter referred to as the "Services"). Services are deemed to be provided only if these Terms and Conditions are accepted.
"Aeroisk" is "Aeroisk" Ltd., with UIC 203788586, registered in Bulgaria with address of management: 9 Dragoman str., floor 2, Varna, Bulgaria
"Site" is the website https://aeroisk.com/ owned by Aeroisk.
"Customer" or "User" or "Client" means any person using the Site who has accepted these General Terms and Conditions.
"Power of Attorney" is the document by which the Customer provides a representative authority to Aeroisk and/or a lawyer and/or a law firm whereby the proxies jointly and severally on behalf of the Client take all necessary action to obtain extra-judicial or judicial recovery of monetary compensation in accordance with Regulation (EC) 261/2004.
"Agreement" means the Assignment agreement which the Customer signs with Aeroisk and to which these General Terms and Conditions are an integral part.
"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, cancellation or long delay flights.
"Compensation" means a monetary amount to be paid to a flight passenger by the airline, in accordance passenger rights under Regulation 261/2004.
"Claim" is any out-of-court or court claim for monetary compensation against an airline and based on the rights granted to passengers under Regulation 261/2004.
"Compensation Calculator" or "Calculator" is an automated system incorporated in the Site through which each user of the Site can verify the probability of obtaining compensation and calculate its amount according to the data originally entered by latter. The system is automatic and works on the basis of computer algorithms developed according to the rules of Regulation 261/2004. The amount of the compensation shown as the final result of the completion of all fields in the Calculator does not constitute a binding offer for a contract by Aeroisk. The final amount of compensation received may be different depending on the information contained in subsequent submissions (boarding card and/ or flight reservation, personal documents, etc.), depending on the airline negotiations or on any legal proceedings, as well as additional external factors affecting the assessment of the Claim and the amount of compensation.
"System" is a computer software owned by Aeroisk, which stores all information provided by the Customer, including any documents attached and/or signed by the Customer electronically.
Article 1. After completing the data and/or flight route in the Calculator, and initially calculating the amount of the Compensation, the user may register a Claim for Compensation at the Site and receive a Claim Number.
Article 2. By clicking the "Register and Submit Claim" button, the User accepts and undertakes to abide by these Terms and Conditions.
Article 3. Aeroisk and/or a lawyer and/or a law firm authorised by the Client shall jointly and severally undertake any lawful extrajudicial and judicial action on behalf of the Customer for the purpose of successfully collecting and receiving the full amount of the Compensation due on the grounds provided in European Regulation 261/2004.
Article 4. (1) The use of the Calculator and the subsequent registration in the System, apart from accepting and agreeing with these General Terms and Conditions, also authorises Aeroisk to perform in person, through his representative or through a lawyer authorised by the Client and/or a law firm, all actions for the Claim for Compensation on behalf of the Customer. With the acceptance of the assigned work by Aeroisk, an individual assignment agreement is concluded, part of these General Terms and Conditions.
(2) Aeroisk accepts the offer under para 1 by sending to the Customer's registration email a Claim number and instructions for accessing the Claim in the Aeroisk System.
Article 5. Upon registration in the Aeroisk System, the latter automatically generates a Power of Attorney and a Contract, which must be signed electronically or printed and signed physically (without a notary certification) by the Customer and the latter has to attach a scanned or photocopied copies back to the System. With this Power of Attorney, the Client authorises Aeroisk to represent him personally, through his representative or through a lawyer, authorised by the Client and/or a law firm and to carry out any legally valid actions on his behalf in connection with the collection of the Compensation.
Article 6. The information that the Customer provides in the Compensation Calculator and into the Aeroisk System must be accurate, corresponds to the identity of the Client or the passengers for the particular flight and corresponds to the actual factual situation.
Article 7. (1) The Customer's compensation shall, if possible, be collected through out-of-court actions, aiming at concluding an out-of-court agreement with the airline concerned.
(2) Aeroisk Team shall undertake all lawful extrajudicial actions to collect the amount of Compensation sought under Regulation 261/2004.
Article 8. (1) In the event of a refusal by the airline to pay the Compensation, for a reason that we believe to be unjustified, Aeroisk may decide to take legal action on behalf of the Customer by initiating a lawsuit against the airline before the competent court on the territory of the European Union.
(2) Court actions may also be taken in cases where Aeroisk efforts in the negotiations with the airline do not result in an out-of-court settlement and payment within a time limit, which Aeroisk considers as reasonable.
(3) A qualified lawyer with the right to practice in the territory of the EU Member State where the court action is undertaken shall be involved in the trial.
Article 9. Aeroisk receives remuneration only upon successful collection of Compensation for the Customer in extrajudicial or court proceedings. For successful collection are also considered the cases in which the airline paid the Compensation directly to the Customer after Aeroisk or a lawyer, authorized by the Customer and/or a law firm has made an out-of-court or judicial request to it.
Article 10. The amount of the remuneration is 20% (twenty percent) of the amount of the compensation, plus value added tax (VAT) on the amount of this remuneration.
Article 11. In the event of a settlement through a court process and a decision of the competent court, according to which the Client receives only part of the amount of the Compensation, Aeroisk receives a fee of 20% (twenty percent) + VAT of the amount that the court awards to the Customer.
Article 12. (1) Aeroisk shall be entitled to deduct the agreed remuneration from the amount of the Compensation before transferring the remainder to a Client's bank account or by any other means, specified by the Client.
(2) As soon as the amount of the Compensation has been received from the airline, Aeroisk shall deduct the remuneration under Article 10 or Article 11 and within three days term shall transfer the remainder of the Compensation to the Customer.
(3) In the event that the Customer receives the Compensation directly from the airline, he shall promptly notify Aeroisk of that payment and transfer the agreed compensation to Aeroisk within 3 days of receipt of the compensation, together with all expenses and interest.
(4) In the event that the Customer agrees to receive an alternative non-monetary compensation (eg, travel vouchers, free substitute tickets or other services from the airline), he shall pay to Aeroisk the due remuneration of the initially sought Compensation under Regulation 261/2004 within 3 day period after consenting to receive the non-cash substitute compensation.
Article 13. The Client can review the Site and make a claim for Compensation through the System.
Article 14. The Customer has the right to be informed about the status of his Claim, through his personal profile on the Site, or by contacting Aeroisk by phone or email.
Article 15. The Customer is responsible for the protection of his or her own username, Claim number and password, as well as for all actions performed by him/ her or by a third party using his/her username and password. The Client must immediately notify Aeroisk of any unauthorised access with his username and password and whenever there is a risk of such use.
Article 16. (1) The Client shall assist for a successful completion of the Compensation Procedure by providing the necessary information, documents and evidence (eg boarding card, reservation, identity document, etc.).
(2) The Customer undertakes to send any useful information to Aeroisk, immediately after receiving it, and which relates to his right to Compensation.
(3) The Customer undertakes to inform Aeroisk within two days if the airline has contacted him directly and/or offers, or sends an alternative compensation (eg passenger vouchers, free substitute tickets or other services from the airline).
Article 17. (1) In case the Client wishes to receive the Compensation by bank transfer, the Client shall provide his/her bank account details.
(2) If the Client wishes the compensation to be transferred to him by another means, he shall notify Aeroisk explicitly by e-mail, indicating the requested payment method.
(3) Any bank and other charges in connection with the transfer under para 1 and para 2 shall be on the account of the Client.
Article 18. (1) After accepting these General Terms and Conditions and assigning to Aeroisk the collection of the Compensation, the Customer shall not contact other companies, agents or lawyers providing similar services. However, if the Client does so, the latter owes all costs and labour costs that Aeroisk has incurred to date in connection with the collection of the Compensation.
(2) The Client, shall not undertake any other legal action against the respective airline, except the ones undertaken by Aeroisk on Client's behalf. If you wish to take any other action not included in Aeroisk services against the airline, Customer may do so only with Aeroisk consent.
Article 19. Customer has the right to cancel Aeroisk services after the General Terms and Conditions have been accepted. The conditions for cancellation are described in Article 24 of these Terms and Conditions.
Article 20. Aeroisk, without specifying a reason, may refuse to take the Claim and provide services to a Customer, who has made an offer for assignment through the Site.
Article 21. (1) These Terms and Conditions may be changed at any time by Aeroisk.
(2) Aeroisk undertakes to notify the Client of the changes to the General Terms and Conditions, by publishing a notice on the Site in a prominent place and giving the Client a sufficient period of time to become acquainted with them.
Article 22. (1) Aeroisk reserves the right at any time to terminate or restrict access to the Site and the services provided.
(2) Aeroisk reserves the right to modify or terminate (temporarily or definitively) an item or part of its services.
Article 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.
Article 24. (1) Any user who has assigned to Aeroisk collection of the Compensation, shall have the right to withdraw the assignment within 14 (fourteen) days after its acceptance, without specifying the reason for his decision. The date of acceptance of the General Terms and Conditions is the date of registration of the Claim in the Aeroisk system.
(2) The Customer may not withdraw his/her assignment to Aeroisk if the latter personally or through his/her representative or through a lawyer and/or a lawyer authorised by Customer, has already made a claim for compensation to the Airline and/or has made a request for assistance the competent administrative authorities and/or has undertaken court action to collect the Compensation on behalf of the Customer.
(3) The assignment withdrawal may be written in plain language and has to be sent to Aeroisk in writing - by a post (at address 9 Dragoman str., floor 2, Varna, Bulgaria) or email (by e-mail email@example.com).
Article 25. If the Customer fails to fulfil his obligations under Article 12 (3) and 12 (4) of these General Conditions, within 7 (seven) days after the expiry of the term specified in the said Articles, the Client shall pay to Aeroisk the fee under Art. 10, all expenses and interest together with 5% of the amount of Compensation.
Article 26. These General Terms and Conditions have been prepared and shall be executed and interpreted in accordance with the applicable Bulgarian law and in the event of a dispute arising out of or in connection with these General Terms and Conditions and the Contract, the matter shall be tried in the District Court of Varna, Bulgaria.
In force from 14.Feb.2019