ENTSCHÄDIGUNG BEI EINER EUROWINGS FLUG-VERSPÄTUNG:
www.eu-rights.com - EU-RIGHTS AVA
1. Object of agreement, services
1.1 EU-RIGHTS AVA will assert your claim to compensation which you are entitled to according to the regulation 261/2004.
1.2 The lawyers of EU-RIGHTS AVA will work on the compensation and will get the necessary information. The passenger is obligated to give us all known information (flight ticket, boarding card etc.) and to tell the truth. If our extrajudicial actions won’t be successful, our lawyer will take this case to court.
1.3 The presentation of EU-RIGHTS AVA services on www.eu-rights.com, especially of the compensation calculator, isn’t any binding offer for the conclusion of a contract.
2. Conclusion of contract, information
2.1 You commission us by using the compensation calculator on our website www.eu-rights.com. By clicking on the button and sending your security assignment you make a binding offer for the conclusion of a paid (if successful) contract to assert your claim.
2.2 The data queried in the order process have to be complete and correct and should be updated in case of a change. This regards in particular the flight data, address, telephone number and email address.
3. Payment, success commission
3.1 We get a success commission in the amount of 24% of the asserted amounts plus VAT. It is calculated on the basis of all the actions that took place. If your compensation will be in form of benefits (e.g. flight vouchers), we are entitled to a success commission in cash calculated on the basis of the benefit value – if we haven’t agreed on anything else. We are entitled to it as well when the airline gives you compensation directly already after our first formal notice. In this case the payment is due ten days after receiving the compensation.
3.2 If you get only a partial amount of the compensation, we will calculate our success commission on the basis of this partial amount.
3.3 If we are not successful, there are no costs for you. This also applies when there were lawyers working on this case as per number 6. In this case our service is cost-free, as per number 6.3.
3.4 Should you decide to transfer your claims to EU-RIGHTS AVA, you have to communicate it to us. You will get then a form that you have to fill out completely, sign and send back. You guarantee that you booked the flight and that this booking was accepted and registered by the airline. Further you guarantee that you were ready to get on the plane at the right time and that you were in time at the check-in counter. In return, EU-RIGHTS AVA undertake to pay a compensation in the amount of 100 euro for flights over a distance of 1 500 km or less; 150 euro for all intra-community flights over a distance of more than 1 500 km and for all other flights over a distance of between 1 500 and 3 500 km; 200 euro for all other flights.
4. Billling, payment
4.1 We have the right to deduct our success commission plus VAT from the received amount. The lawyers have the right to pay that amount to us for the reason of billing.
4.2 We are committed to final account and payment to you as soon as we get the necessary documents for that.
4.3 You have to give us your bank account details so that we can transfer the money. In case you have no SEPA account you will pay the taxes. As soon as you get the money of your fellow passengers from us you have to give their share to them.
5. Your duties, our promise of quality
5.1 You support us in carrying out our contractual tasks. You tell us the facts, according to your knowledge. You give us the necessary documents/data and new information later, if needed. You are responsible for the completeness and accuracy of the documents/data.
5.2 You have to inform us as soon as you receive compensation from the airline or the airline contacts you.
5.3 During our contract period you are not allowed to commission other companies to assert your claim nor to try to do it on your own.
5.4 We guarantee by our promise of quality that our lawyers and us will provide the best possible enforcement of your claim.
6. Commissioning of the lawyers, promise of exemption from costs
6.1 After the contract realization our lawyers will be committed to enforce your claims on our cost. Should the extrajudicial actions not be successful (in part or completely), we will commission one of our specialized contract attorneys.
6.2 If you commission our company, we sign a contract. You let us give the access to the documents/data to our contract attorney. You empower us to carry out necessary actions. We commit to release you from the costs of our commissioned contract attorney (Number 6.3).
6.3 If we are not successful, you don’t have to pay anything. We are committed to release you from the necessary costs if, according to judicial decision, you have to pay.
6.4 Should our assessment of the chances of success change after commissioning a lawyer, you don’t pay for the actions that have already been carried out and we have the right to stop further actions. We inform you then and you can decide whether you want to continue. If you don’t want to continue, no costs will arise.
6.5 If you have a legal expense insurance, we will recommend to commission a lawyer for the cases as well where the chances of success are lower. This applies as well to the cases with a foreign place of jurisdiction.
7. Judicial and extrajudicial settlements
7.1 You have to agree to make a settlement. You can empower EU-RIGHTS AVA or its lawyers to make agreement for you.
7.2 You are allowed to make an agreement, to withdraw one that we made together, to waive the claim, to abandon the action or to other disposition regarding the claim only if we agree.
8. Right and instruction of withdrawal for consumers, If you are a consumer, you have the right of withdrawal.
Instruction of withdrawal
Right of withdrawal
You have the right to withdraw this contract within 14 days without giving a reason. The withdrawal period is 14 days long from the date of the conclusion of contract. In order to withdraw, you have to inform us (EU-RIGHTS AVA
Hietzingerhauptstraße 69 / Top 5, 1130 Vienna, Austria, EU-Rights Hietzinger Hauptstrasse 69 / 5, 1130 Wien, Österreich Tel.: AT +43 1 876 26 54 E – Mail : [email protected] www.eu-rights.com) by a declaration (e.g. via a letter, telefax or email) or by a withdrawal form.