Terms of Business
References in this agreement to “we”, “us”, “our” or “airFair” means Airfair Compensation Ltd. (trading as airFair or our successors, transferees and assigns.)
The Services provided by Airfair Compensation Ltd. (trading as airFair) consist of:
- An assessment of your case to confirm the existence of a valid claim;
- Negotiating and obtaining an offer of compensation for you and all additional passengers on the same booking, with you as the authorised representative for the claim;
- We reserve the right to appoint our nominated Solicitor (Barings Limited t/a Barings Solicitors of City View House, 5 Union Street, Manchester, M12 4JD) to pursue the case direct with the relevant airlines, any relevant regulatory bodies or the small claims litigation process; and
- We confirm that our nominated Solicitor are instructed on the basis that we are their client acting on your behalf as your appointed representative as evidenced in the signed Letter of Authority. We confirm that all payments from the relevant airlines will be made payable to our nominated Solicitor who will account to us before we account to you with your compensation less our success fee.
airFair Service Charge:
We will act for you on a strictly “No Win No Fee” basis. There are no hidden fees. If no compensation is recovered, no charge is payable.
On behalf of all passengers on your booking you give us permission to investigate all bookings and agree to be invoiced a fee for all compensation received.
We are entitled to receive 30% plus VAT (where applicable) of all compensation recovered for the booking whether received by way of voucher, cash, air miles or other form of compensation.
We will endeavour to recover all compensation due and undertake to forward this to you either by BACs or by cheque, subject to the agreed fee after the fees have been recovered via our nominated Solicitor who acts on our behalf (as your representative) and those fees are transferred to our account for final distribution to you, our client. If you receive the payment by cheque, it is your responsibility to cash the cheque within the 6-month validity period of the cheque. You, as the primary claimant have consent from the other passengers on your booking to receive the compensation and you are responsible for distributing the compensation to them as appropriate.
You are obliged to notify us of any offer or payment made to you by the airline relating to all claims, even if received by you during the 14 calendar day cooling off period. If you receive a settlement amount direct from the airline or their representative(s) which you fail to disclose to us, we reserve the right to charge you our full fee, which must be paid to us within 7 days of you receiving the compensation. We reserve the right to take enforcement action against you in default of payment of our success fee thereafter.
In the event we have to take steps to recover any fee due and unpaid by you, a recovery fee of £100 will be charged, plus 12% per annum interest on your invoice amount, from the date the invoice fell due, until the date paid in full.
If an offer is made by an airline which we feel is reasonable and you choose to reject the offer, then our full fee is still due and payable on the balance of the offer that was rejected.
Breach of Disclosure – if you have already submitted an EC261/2004 claim directly to the airline or via a third party without notifying us then we reserve the right to charge you for administrative costs and an invoice will be issued to you.
- In providing the accompanying passenger details on the Letter of Authority (LOA), you are confirming that you are the authorised representative for all passengers travelling on your booking and have their permission to act on their behalf to instruct us as your representative and to authorise on behalf of all passengers that we may instruct our nominated Solicitor as above.
- You have a 14-calendar day cooling off period from the date of your written authority for us to act on your behalf. To cancel your contract with us this must be completed in writing by emailing firstname.lastname@example.org or by letter. If you terminate this agreement within 14 days but we have already obtained an offer from the airline, then our full fee is payable. If you terminate this agreement after 14 days, we reserve the right to make a cancellation charge that reflects the work done by us on your behalf in pursuit of your claim.
- We make no representation or warranty to you that compensation will be obtained or is in any way guaranteed.
- If you are unhappy with our service at any stage, please contact Customer Services in the first instance on 0191 462 44 44. If you are still unhappy, please escalate your complaint to us by emailing email@example.com
- Please refer to our website www.airfair.com for more information about our company.
- You agree that our obligations under this agreement may be transferred to a replacement provider of claims management services by giving you notice via written or electronic communication (Inc. Email and SMS) and the benefit of any or all of our rights under or relating to this agreement may be assigned to any of our affiliates, funders, investors or any other third party, without prior notice to you.
- This agreement may be varied by us by giving you adequate notice via written or electronic communication (Inc. Email and SMS).
- You agree to receive information, from time to time, about products and services, from other companies in our Group, which we feel may be of interest to you.