Termes et conditions

Last Updated: December 7th, 2024

We operate a strict NO WIN, NO FEE policy.


1. Definitions

  • "Agreement": The contract formed between the Client and Airline SOS Ltd (“the Company”), upon acceptance of these Terms and Conditions. The Agreement governs the handling of claims related to refunds for services or purchases (e.g., flight compensation, cancellations, etc.).
  • “Claim”: A request made by the Client for a refund or compensation from a third party (e.g., airlines, travel providers, etc.) that the Company will assist with processing.
  • “Client”: Any individual or entity that enters into an agreement with the Company to assist in claiming a refund or compensation.
  • “Refund”: Any monetary compensation, reimbursement, or other forms of settlement received by the Client or the company from the third-party provider related to a Claim.
  • “Service Fee”: The amount payable to the Company for processing the Client’s Claim, as outlined in the Fee Schedule.
  • "Fee Schedule": The percentage of the Claim amount that the Client will pay to the Company for successful claims or the company will deduct from the total refund, set at 35% unless otherwise agreed.
  • "Third Party": The organisation, service provider, or company responsible for issuing the refund or compensation (e.g., an airline, travel agency, etc.).

2. Agreement and Acceptance

  1. Agreement Formation: By submitting a Claim or engaging in any service provided by the Company, the Client agrees to be bound by these Terms and Conditions.

  2. Electronic Signature: The Client consents to signing the Agreement electronically, in accordance with applicable laws. Utilises an online authentication service for advanced electronic signatures that meet the criteria outlined in Article 26 of the Electronic Identification Regulation, which is internationally recognised and accepted by courts. This allows the Client to avoid printing, signing, and returning the Agreement by registered mail.

  3. Authority: The Client confirms they are authorised to submit the Claim and represent any associated parties, if applicable.

  4. Assignment of Claim: The Client assigns their right to the Claim to the Company to process on their behalf. The Client warrants that no other party has been assigned the Claim. Under the Agreement the Client assigns to the company full ownership and legal title to his (her) monetary claim pursuant to 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 cancelation or long delay of flights, and replacing Regulation (EEC) No 295/91) or under any other international or national regulation applicable in respect of the Client in another country which establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancelation or long delay of flights, including all amounts related to the assignment as well as taxes and other amounts, when passengers are not able to fly or their flight was disrupted, and any other monetary compensation for lost or damaged baggage.

  5. Information Provision: The Client agrees to provide all necessary information, documents, and authorisation to assist the Company in processing the Claim.

  6. Claim Submission: The Client can submit a Claim through the Company’s website, mobile app, or customer service channels.


3. Services Provided

  1. Claim Evaluation and Submission: The Company will assess the Claim’s eligibility, gather the required documentation, and submit the Claim to the Third Party.

  2. Negotiation: The Company will liaise with the Third Party on behalf of the Client, seeking the best possible outcome.

  3. Legal Action (If Necessary): If the Third Party rejects the Claim, the Company may pursue legal action on the Client’s behalf, subject to a separate agreement and additional fees.

  4. Refund Collection: If the Claim is successful, the Company will facilitate the receipt of the Refund to the company, where the company the agreed fee under the fee schedule and forward the refund to the client, should the refund go directly to the client, then the client is subject to the payment of the Service Fee as outlined in the Fee Schedule.


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4. Fee Schedule

  1. Service Fee: The Company’s Service Fee is 35% of the total amount of the Refund successfully recovered for the Client.

  2. Fee Calculation: The Service Fee is calculated based on the total Refund amount, which is the amount the individual Client receives after successfully claiming. Any additional costs (e.g., bank transfer fees, taxes, or administrative costs) are separate and the responsibility of the Client. The fee is deducted from each individual persons claim.

  3. Additional Costs: The Client will be responsible for any third-party fees, such as bank charges, transaction fees, or currency conversion costs, that may be incurred during the refund process.

  4. Payment Term: The Service Fee is due once the Refund is received by the company or the Client. The Company will invoice the Client for the Service Fee, and payment must be made within 10 days of receiving the Refund. In most cases, the Refund will be sent to the company, who will then forward the Client/s Refund to them within 10 working days.

  5. Refund to Client: After the Service Fee is deducted, the remaining Refund amount will be transferred to the Client’s designated account. The Client is responsible for providing accurate banking details.

  6. Non-Successful Claims: In the event the Claim is not successful, the Company will not charge the Client any Service Fee.


5. Client Responsibilities

  1. Accuracy of Information: The Client is responsible for ensuring that all information provided to the Company is accurate, complete, and truthful. Any incorrect or misleading information provided by the Client may result in delays or rejection of the Claim.

  2. Documentation: The Client agrees to provide all necessary documentation related to the Claim, including but not limited to receipts, proof of payment, communication with the Third Party, and identification.

  3. Communication with Third Party: Once the Claim is assigned to the Company, the Client agrees not to directly contact the Third Party regarding the Claim, unless explicitly instructed to do so by the Company.

  4. Timely Notification: The Client must notify the Company of any direct compensation or refund received from the Third Party. If the Client receives a refund directly from the Third Party after submitting a Claim to the Company, the Client is still obligated to pay the Service Fee to the Company.

  5. Cooperation: The Client agrees to cooperate fully with the Company and provide all requested documents and assistance during the processing of the Claim.


6. Termination of Agreement

  1. Termination by Client: The Client may terminate the Agreement at any time prior to the submission of the Claim, at which point the Client will not be liable for any Service Fees. Once you have signed your agreement and submitted your claim information to us, we submit the claim immediately.

  2. Termination after Claim Submission: Once the Claim has been submitted, the Client cannot withdraw from the Agreement without incurring fees for any services rendered up until that point. This is at the Company discretion. If the Claim is successful, the Client is responsible for the Service Fee as outlined.

  3. Termination by Company: The Company may terminate the Agreement if the Client provides false information, refuses to cooperate, or breaches these Terms and Conditions. In such cases, the Client will be liable for any costs incurred up until the point of termination.


7. Liability and Limitations

  1. Company Liability: The Company is not responsible for the actions of Third Parties and cannot guarantee that a Claim will be successful. The Company’s liability is limited to the services provided, and it will not be liable for any indirect, consequential, or punitive damages.

  2. No Guarantee of Refund: The Company cannot guarantee that a Claim will result in a Refund or compensation. All claims are subject to the Third Party’s policies and decisions.

  3. Force Majeure: The Company is not liable for delays or non-performance due to events beyond its control, including but not limited to natural disasters, legal changes, or strikes.


8. Privacy and Data Protection

  1. Data Collection: The Company collects personal data from the Client to process the Claim. By submitting a Claim, the Client consents to the collection and use of their personal data as described in the Company’s Privacy Policy.

  2. Data Protection: The Company will handle all Client data in compliance with applicable data protection laws, namely GDPR and any other relevant data protection policies. The Client has the right to access, correct, and delete their personal data as per the applicable privacy regulations.


9. Governing Law and Dispute Resolution

  1. **Governing Law: These Terms and Conditions are governed by the laws of the United Kingdom and any relevant country from which you submit your claim, without regard to its conflict of law principles.

  2. Dispute Resolution: Any disputes arising from or in connection with these Terms and Conditions will be resolved through mediation. If mediation fails, the dispute will be submitted to the courts of [Your Jurisdiction].


10. Miscellaneous

  1. Amendments: The Company reserves the right to modify these Terms and Conditions at any time. Clients will be notified of significant changes, and continued use of the Company’s services constitutes acceptance of the modified terms.

  2. Entire Agreement: These Terms and Conditions, along with any documents referenced herein, constitute the entire agreement between the Client and the Company, superseding any prior agreements or understandings.

  3. Severability: If any part of these Terms and Conditions is found to be invalid or unenforceable, the remainder of the agreement will remain in full force and effect.


Fee Schedule

Service Fee: 35% of the total Refund received by the Client.