1. Introduction and Scope
These Terms and Conditions establish the contractual relationship between LufthansaCompensation.com (“Service Provider”, “we”, “us”, “our”) and you, the customer (“Customer”, “you”, “your”). Our service is specifically tailored to assist air passengers by selecting and assigning the optimal partner to handle claims regarding air passenger rights, based on the unique circumstances and details provided by the customer in their application. This document details your legal rights and responsibilities, as well as ours, as you utilize our services.
2. Service Agreement and Acceptance
By submitting your claim details through our application form and accepting these terms, you enter into a binding agreement with us. We reserve the exclusive right to assess the viability of your claim and to either accept or decline it based on our professional assessment. Should we choose not to proceed with your claim, we will inform you of this decision without delay.
Upon entering this agreement, you confirm that you are legally authorized to do so, that the claim has not been previously assigned or litigated by a third party, and that there are no ongoing disputes regarding the same issue with any other party. You must notify us immediately if you receive any form of direct compensation from the airline subsequent to the submission and during the processing of your claim, as such compensation will impact the management of your claim.
3. Detailed Description of the Service
Upon receipt of your completed application, we will analyze the provided information to assess the potential success and profitability of the claim. Based on this analysis, we select a partner from our network, which consists of experienced professionals specializing in air passenger rights. This partner will be responsible for handling your claim from initiation through to resolution, whether through negotiation or legal proceedings.
Our service includes, but is not limited to:
- Evaluating the eligibility and potential success of your claim based on provided details.
- Selecting an appropriate partner to handle the claim.
- Facilitating communication between you and the selected partner.
- Monitoring the progress of your claim to ensure that it is handled efficiently.
4. Partner and Customer Responsibilities
The partner assigned to your case will undertake to pursue your claim diligently and to keep you informed of any significant developments. As the customer, you are required to provide complete and accurate information necessary for the effective handling of your claim. You agree to cooperate fully with the selected partner and to comply with requests for additional information or documentation as needed.
5. Fees and Compensation Structure
Our service is offered on a contingent fee basis, meaning there are no upfront charges for the evaluation and transfer of your claim to our partner. Should your claim result in compensation, we will deduct a service fee, which is a predefined percentage of the compensation recovered. This fee structure will be clearly outlined prior to the commencement of claim processing. Any direct payments received by the partner from the airline or awarded through legal proceedings must be reported to us, and the agreed-upon fees will be applicable.
6. Data Protection and Privacy
We are committed to protecting your privacy and ensuring the security of your personal data. We comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR). Your data will only be used for the purpose of processing your claim and will not be disclosed to any third parties without your explicit consent, except as necessary to process your claim or as required by law.
7. Accuracy of Customer Information
You warrant that all information provided during the application process is true, complete, and accurate. Any misrepresentation, fraud, or omission of crucial details may result in the immediate termination of our services and revocation of any ongoing claims without any liability on our part.
8. Withdrawal and Termination Policy
You have the right to withdraw from the agreement within 14 days of acceptance without incurring any cost. Should you choose to withdraw after this period, you may be liable for any reasonable costs incurred by the partner in the pursuit of your claim up to the point of cancellation.
9. Amendments to Terms
We reserve the right to amend these Terms and Conditions at any time. Such amendments will be effective immediately upon posting on our website. By continuing to use our services after these amendments, you agree to be bound by the revised terms.
10. Governing Law and Jurisdiction
This agreement and any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity, or termination, shall be governed by and construed in accordance with the laws of the jurisdiction in which we operate.
11. Severability and Enforcement
If any part of these Terms is found to be void or unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to their terms. The unenforceable provision will be substituted by an enforceable provision that most closely matches the intent of the original provision.
These expanded Terms and Conditions are designed to ensure a clear understanding of the service provided by LufthansaCompensation.com, delineating all responsibilities and legal considerations in detail to protect both parties in the contractual relationship.