General Terms and Conditions
Article 1. Scope
These General Terms and Conditions (hereafter: ‘General Terms and Conditions’) apply to the Services provided by Happy Flights (hereafter HF) to its Customers.
These General Terms and Conditions constitute the overall framework of contractual relations between HF and the Customers. They apply to all existing and future legal relationships between HF and the Customers, and cannot be deviated from, unless with HF's explicit consent.
By confirming that HF takes charge of the Claim, the customer accepts these General Terms and Conditions.
For the purposes of these terms and conditions, the following definitions shall apply:
- HF = Happy Flights BVBA, with company registration number BE0597.764.676 and registered office at Bredestraat Kouter 69 - 9920 Lovendegem.
- Customer: The passenger who meets the conditions of the Passenger Regulation, and the rights he/she can enforce based on this regulation and has handed over to HF.
- Airline: every airline which organises a flight that meets the conditions of the Passenger Regulation.
- Passenger Regulation: 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, and repealing Regulation (EEC) No 295/91.
- Claim: the claim a passenger has against an airline based on the Passenger Regulation, which is not over 2 years old.
- Transfer of Claim: the consent a passenger gives and whereby a passenger transfers his claim against an airline to HF based on article 1689 et seq. of the Belgian Civil Code.
- Service: the services provided by HF to its Customers, particularly the claiming of compensations from airlines based on the Passenger Regulation.
If any provision of these General Terms and Conditions is null and void, or annulled, the other provisions of these General Terms and Conditions shall remain in full force.
The titles, article numbers or the lay-out in these General Terms and Conditions are purely indicative.
Article 2. Transfer of Claim
By using HF's Services, the Customer explicitly agrees with the Transfer of Claim to HF.
This Transfer of Claim is legally binding pursuant to Book III, title VI, chapter VIII “Transfer of Claims and other intangible rights” of the Belgian Civil Code, and implies that the Customer can no longer personally recover his Claim against the Airline.
The Transfer of Claim may be invoked against third parties other than the assigned debtor by concluding the agreement of Transfer (art. 1690, al. 1 Belgian Civil Code). The Transfer can only be invoked against the assigned debtor once it has been notified to the assigned debtor, or approved by him (art. 1690, al. 2 Belgian Civil Code).
If the Customer has personally obtained the compensation, he must promptly notify HF of this. If he fails to do so, HF has the right to reclaim the costs incurred and the compensation in accordance with article 4 of the General Terms and Conditions from the Customer.
HF will decide, at its sole discretion and without the need to provide justification, to submit a claim to the Airline, or to end or close the claim early.
Article 3. Obligations of the Customer
The Customer shall provide HF with all relevant details, among which (not limitative):
- Per passenger: name, first name, address, telephone number and email address.
- Copy of passport and/or ID card per passenger
- Copy of flight tickets (e.g. electronic) and boarding pass if applicable.
The Customer shall respond in good conscience to HF's questions, for instance related to assistance. The Customer shall mention if he is travelling at a reduced tariff.
The Customer undertakes to supply additional information and communicate any changes to the information supplied without delay upon HF’s first request. If the Customer refuses to supply this additional information, HF may decide to reject the claim or to continue to handle the claim and recover the costs and the compensation from the Customer.
HF reserves the right to modify all Customer details if there is reason to believe that material errors have occurred.
Under no circumstances shall the Customer contact the Airline directly, or accept compensations (e.g. in the form of a voucher) without HF's prior consent.
HF shall at any time have the right to re-transfer the submitted claim to the Customer without the Customer being entitled to oppose to this. In that case, HF shall always notify the Customer of this claim re-transfer and the reason of the retrocession of the claim.
Article 4. Compensation
HF works exclusively on the basis of a no cure, no pay principle. This entails that HF shall withdraw 25% of the recovered compensation (incl. VAT) the Customer is entitled to according to the Passenger Regulation, as well as a 25 euro administration fee. This covers all costs, including any lawyer’s fees and costs of legal proceedings. In the event of legal proceedings all reimbursements of advanced legal costs and any procedural indemnities or reimbursements of lawyer's and legal costs shall be paid directly to HF without the Customer being able to claim any of these. HF reserves the right to claim 25% of the recovered compensation (incl. VAT) the Customer is entitled to according to the Passenger Regulation as well as a 25 euro per person administration fee directly from the Customer should the Customer, despite the present terms and conditions, receive or have received any compensation directly from the Airline.
HF offers the Customer no guarantee of success. In the event of non-recovery, the Customer will not be required to indemnify HF.
Article 5. Complaints procedure
Any complaint or dispute of any kind shall be notified to HF in writing via email at email@example.com at the latest within five days following the day the Customer became aware of it or is deemed to have become aware of it, under penalty of the Customer's right of dispute being invalidated. HF shall endeavour to submit a formal reply and solution at the latest 1 month after receipt of the complaint from the Customer.
Article 6. Liability
The Services provided by HF are subject to an obligation of means. HF undertakes to do its utmost to ensure that its Services are properly executed.
HF is only liable for fraud or gross negligence committed by HF or its employees, contracting parties, agents or appointees within the framework of the execution of its Services. HF cannot be held liable for minor or other errors, nor in case of force majeure, such as for instance in case of malfunctions or problems with HF's automated systems, or malfunctions or problems with automated systems of third parties which HF uses for its Services.
In any event, HF can only be held liable for any direct damage, i.e. damage that is the necessary and inevitable result of an error on the part of HF. A commercial gesture can by no means result in any (future) rights for the Customer, nor for any other third party.
The Customer shall indemnify HF for the direct or indirect consequences of the false, misleading or improper use of the Electronic Services and/or tools. Should there be a suspicion of fraudulent use, HF reserves the right to suspend the Service or to terminate the agreement with the Customer with immediate effect.
The Customer is liable for the violation of one of the provisions in this agreement and shall indemnify HF for all consequences and direct and indirect damage sustained as a result of this.
Article 7. Applicable law - competent courts
Unless agreed otherwise, the General Terms and Conditions, as well as all the Customer's rights and obligations, including the assignment of HF’s claims, are governed by Belgian law.
Unless mandatory legal provisions stipulate otherwise, the courts of the judicial district of East Flanders, division Ghent, shall be competent.
Gent, april 2015