Draft — have this reviewed by a qualified lawyer before publishing. Last updated: [DATE]
DelayPaid: Fixers B.V., trading under the name DelayPaid, registered with the Chamber of Commerce under [KVK]. Client: the natural person who engages DelayPaid for EU261 claim handling. Claim: the right to financial compensation under EU Regulation 261/2004. Compensation: the amount paid by the airline on the basis of EU261.
These terms apply to all agreements between DelayPaid and the Client for the submission and handling of EU261 claims. Conflicting terms of the Client are not accepted unless explicitly agreed in writing.
The Client grants DelayPaid a written power of attorney to act in their name and on their behalf against the airline. This power of attorney covers the specific flight(s) mentioned in the registration form only. The Client's claim is not transferred to DelayPaid (no assignment/cessie); DelayPaid acts as representative.
DelayPaid charges a success fee of 25% including VAT over the gross compensation amount received from the airline. No fee is due if no compensation is recovered. The fee is calculated over the statutory EU261 amount only; statutory interest and reimbursed travel expenses are transferred in full to the Client.
DelayPaid makes no guarantee of success. Whether the airline pays depends on the facts, the airline's position, and (if applicable) the court's judgment. DelayPaid will pursue the claim with due professional care.
All costs of claim submission, correspondence, and (if necessary) court proceedings are borne by DelayPaid and will not be charged to the Client, regardless of the outcome. The only amount charged to the Client is the success fee under article 4.
DelayPaid transfers the Client's share of the compensation within 5 working days of receipt, together with a settlement statement. Payment is made to the bank account provided by the Client.
These terms are governed by Dutch law. Disputes are submitted exclusively to the competent court in the Netherlands (Dutch cantonal court / rechtbank), in accordance with HvJ EU Rehder (C-204/08).
If you have a complaint about our services, please contact us first at info@delaypaid.com. If we cannot resolve it together, you may submit a complaint to [applicable dispute resolution body — to be completed].