(1) Introduction
These Terms and Conditions govern your use of our website; by using our website and/or registering your claim you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our website.
By using our website and by agreeing to these Terms and Conditions you warrant and represent that you are at least 18 years of age.
If you make a claim on behalf of somebody else, you guarantee that you have his/her agreement to do so.
(2) Agreements
(i) Our application form is without obligation and should be treated as an invitation to enter into an agreement. By submitting the form, you declare that you have a full legal title to your claim and are authorised to enter into an Agreement with us.
(ii) The Agreement is made when we accept your claim in writing and you return to us the Assignment/Authority Form.
(iii) By registering the claim on our website, you confirm that you read and accepted our Terms and Conditions.
(iv) By registering the claim on our website, you confirm that you have not engaged another company to recover compensation and if you did, that they closed the case without a successful recovery. You also confirm that currently there are no on-going negotiations or litigation against the air carrier. In case this clause is breached and you receive the compensation directly, you are liable to pay our fees specified at clause 4 (ii) and (iii).
(v) By registering the claim you confirm that you will not communicate directly and will not accept any form of direct payment from the airline and any attempt of direct communication by the airline will be reported to us.
(vi) After signing the Assignment Form you may not assign the Claim to any other party as the legal title to the Claim has been assigned to us.
(vii) The term 'Compensation' refers to all cash benefits associated with the registered flight.
(3) Representation
By submitting the Assignment/Authority form you acknowledge that:
(i) we have the rights to your claim and will pursue the rights against the airline to recover compensation for you;
(ii) we will claim, communicate and accept compensation or other tangible benefits from the airline or other entity;
You confirm that upon our written request, you will fill in and sign additional documents, should they be required to purse the claim and return them to us within 7 days.
(4) Fees
(i) We will not charge our for registering the claim with us.
(ii) On successful recovery we will deduct a fee of 28% of the total sum recovered and 25 euro administration fee, and will forward the remainder to your bank account. This is less than our competitors who charge between 35-50% if the claim is not resolved pre-action.
(iii) In case the airline or other entity makes a payment directly to you, during our engagement, you must notify us immediately of the sums received and pay our Fees.
(iv) If you fail to make the payment by the invoice due day or fail to inform us of direct payment, we will have the right to charge the administration fee of €50 and add interest at 8% per annum to any unpaid sums.
(v) We reserve the right to charge the administration fee of €50 in cases where you cease cooperation prior to us exhausting the recovery procedure.
(vi) We will transfer the compensation to you by bank transfer within 15 working days calculated from the date we receive your bank details.
(vii) You shall be liable for the conversion of Euro into a different currency. Transfers outside the Euro zone may attract a fee of €30 and will be included in the invoice.
(viii) In circumstances where we incur costs associated with administrative procedures, you shall be liable for those costs only in circumstances when these disbursements are not refunded by the airline.
(5) Requests for information
(i) Upon our request you are obliged to supply all required documents and/or information to enable us to process your claim. Such information will be provided without delay.
(ii) You guarantee that all documents and/or information provided is complete and accurate.
(iii) All incidents of knowingly providing false, untrue information or documents must be notified to us immediately. You agree to reimburse our fees and damages in the event of incorrect data, documents or information provided by you and/or fraudulent conduct. You agree to fully indemnify us in respect of all third party claims in the event of incorrect data, documents or information provided by you and/or fraudulent conduct.
(iv) We are entitled to terminate this Agreement, if your delay or failure to provide required information, documentation or return the completed letters of authority prevents us from recovering the compensation. If we terminate this Agreement for the above reasons, you will be liable for our fees specified at § 4.
(6) Service Performance
(i) The Agreement is made for the duration, which is necessary to obtain compensation from the airline.
(ii) The Agreement is concluded when:
1) the compensation and any sums due are paid to us and forwarded to you after the fees specified at paragraph 4 have been deducted; or
2) we exhausted the recovery procedure and did not obtain compensation from the airline of which you will be notified in writing.
(iii) You may terminate this Agreement within 14 days from the moment you register the claim online, via the Sky Legal internet portal.
(iv) In circumstances described at 6 (iii), you are liable to pay our fees for work conducted until the termination of the Agreement according to our hourly rate. In the circumstances when you are paid directly following our engagement, even after termination of the Agreement, you are liable to pay our fees according to paragraph 4 (ii). The fee will be reduced by the sums already invoiced and paid by you.
(7) Licence to use website
We own the intellectual property rights in the website and material on the website. All these intellectual property rights are reserved.
You may view, download and print content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
You must not:
(i) republish material from this website either in hard copy or on another website;
(ii) sell, rent or sub-license material from the website;
(iii) show any material from the website in public;
(iv) reproduce, duplicate, copy or otherwise exploit material on our website;
(v) edit or otherwise modify any material on the website;
(vi) redistribute material from this website; or
(vii) create a link to any page of this website.
(8) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You may not create a link to any page of this website without our prior written consent.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction and data harvesting, on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
(9) Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that your user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
(10) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website. We do not commit to ensuring that the website remains available, or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.
(11) Limitations and exclusions of liability
We do everything in our power to guarantee the highest level of service. We are not liable for the final effect of our service.
Nothing in these Terms and Conditions limits or excludes liability:
(i) for death or personal injury resulting from negligence;
(ii) for fraud or fraudulent misrepresentation.
We will not be liable to you in respect of any:
(i) losses arising out of any event or events beyond our reasonable control;
(ii) losses consequential to inaccurate, false or incorrect information or documentation provided by you;
(iii) business losses, including loss of or damage to profits, income, revenue, use, production, anticipated sąvings, business, contracts, commercial opportunities or goodwill;
(iv) loss or corruption of any data, database or software
(v) special, indirect or consequential loss or damage.
These limitations and exclusions of liability are subject to the preceding paragraph and govern all liabilities arising under the Terms and Conditions including liabilities arising in contract, in tort and for breach of statutory duty.
The liability referred to in this and preceding paragraph, as well as any other liability will never exceed the net invoice value of the service provided, or redelivery of the service at our discretion and to the extent we are able to provide the service.
(12) Indemnity
You hereby undertake to indemnify us against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim on the grounds that you have breached any provision of these Terms and Conditions.
(13) Breaches
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
(14) Waiver
Failure of either party to insist upon strict performance of any provision of this or any Agreement or failure to exercise any right or remedy to which it, he, or they are entitled shall not constitute a waiver and shall not cause diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by us.
(15) Force Majeure
Neither party shall be liable to other for any failure to perform any obligation under the Agreement which is due to an event beyond the control of such party.
(16) Variation
We may revise these Terms and Conditions from time-to-time. Revised Terms and Conditions will apply to the use of our website from the date of the publication of the revised Terms and Conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
(17) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.
(18) Severability
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(19) Exclusion of third party rights
These Terms and Conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party.
(20) Entire agreement
These Terms and Conditions together with our privacy policy constitute the entire agreement between you and us in relation to your use of our website and submitting of the application, and supersede all previous agreements in respect of your use of this website.
(21) Law and jurisdiction
These Terms and Conditions, to the level permitted by the national law of consumer, will be governed by and construed in accordance with English law, and any disputes relating to these Terms and Conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
(22) Registrations and authorisations
Sky Legal EU is a trading name for Sky Legal Air Claims Limited registered at Companies House no. 8088430.
Address: 22, 77 Muswell Hill, N10 3PJ, London, United Kingdom
Tel: +44 203 380 3274
These Terms and Conditions form part of the Agreement between you and us. Your registering the claim indicates your understanding, agreement and acceptance of these Terms and Conditions.
Last update: 03.10.2023
