4. Payment of the Fee.
5. The Claim.
6. Client Undertakings.
7. Intellectual Property.
8. Data and information from the Customer and communication.
10. Personal data.
11. Miscellaneous Provisions.
12. Applicable law.
13. Lowest Service Fee Guarantee.
P.1 "Agreement": an agreement between a Client and C2O Media Ltd that is reached after the acceptance of these T&C by the Client, which shall be considered finalised, when the Client has signed the corresponding Power of Attorney in the form of a Digital Signature Document.
P.2 "The Company": DelayedAgain.co.uk is the trading name of C2O Media Ltd a Private Limited Company registered in England and Wales with registration number 06626500. Registered office and principal place of business 1 - 6 St Mary's Court, High Street, Newmarket, Suffolk, CB8 8HQ.
P.3 "Air Passenger Rights Regulation": any law, regulation, directive or similar, whether issued on state, federal, EU, national or regional level, that establishes rules on monetary compensation to passengers in the event of overbooked, delayed, cancelled, re-routed or denied boarding to the flight.
P.4 "Power of Attorney": the document, whereby the Client, subject to the terms and conditions therein, appoints the C2O Media Ltd to act on the Clients behalf in line with this agreement and the Power of Attorney.
P.5 "Claim": any claim against an airline for monetary compensation pursuant to Air Passenger Rights Regulation.
P.6 "The Customer(s)": a prerequisite to becoming a client of the company, subject to acceptance of the T&C’s.
P.7 "The Client(s)": person(s) that has accepted these T&C.
P.8 "Flight Compensation": total amount of money to be paid by an airline pursuant to a court order or decision by another empowered authority or offered as payment by an airline, whether as compensation, settlement, gesture of goodwill or otherwise, arising from any actions made by C2O Media Ltd in relation to a Claim. For the avoidance of doubt, Flight Compensation do not include any payments of court fees, collection or legal costs, interest or similar, which payments shall belong solely to C2O Media Ltd.
P.9 "Compensation Request": the completion of the standard form as provided on the website www.delayedagain.co.uk that requires details such as, flight number, booking reference, passenger name, email, phone number and address. For the purpose’s of being used by C2O Media Ltd in claiming compensation on the Clients behalf.
P.10 "EC Regulation 261/2004": Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights or re-routing of a flight.
1.1 By completing and submitting the information on the website www.delayedagain.co.uk and by agreeing to these terms and conditions the Customer authorises the Company to initiate, on his or her behalf, a compensation request against a particular Airline/Air Carrier in relation to a delay, cancellation, denied boarding or re-routing.
1.2 The Customer declares that he or she is not a minor under applicable law and not under any form of guardianship
1.3 An Agreement will be concluded only if The Company accepts your Claim, or if The Company starts to process the Claim.
1.4 The Company is entitled to refuse to pursue any Claim without reason. In case of a refusal, The Company will notify The Customer without unreasonable delay.
1.5 By entering into an Agreement, the Customer warrants and declares that the Customer is authorised by all passengers forming part of the booking to enter into the Agreement.
1.6 The Customer warrants that the Claim has not been assigned to third parties and no legal dispute is pending or expected between The Customer and the airline in the same matter.
1.7 The Customer shall not pursue the Claim personally nor shall it instruct any other third party to pursue the Claim without the prior written approval of The Company.
1.9 Upon acceptance of this agreement The Customer, is deemed for all intents and purposes to be "The Client" of the Company and is bound by the legality of this Agreement and for any breaches of this Agreement.
1.10 The Agreement terminates:
i) When Flight Compensation has been accepted by The Company, paid in full to The Company by the airline and the agreed part of the Flight Compensation has been transferred to the Client after deduction of all applicable fees, or.
ii) When The Company has established that it would be futile to continue to pursue the Claim after conducting an in-depth review of the case and has advised the Client that such Claim will not be pursued.
1.11 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
1.12 If any court or competent authority finds that any provision (or part) of the Agreement is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Agreement will not be affected.
1.13 Any notice (other than in legal proceedings) to be delivered under the Agreement must be in writing and delivered by pre-paid first class post to or left by hand delivery at the other party"s registered address of place of business, or sent by email to the other party"s main business email address as notified to the sending party. Notices: Sent by post will be deemed to have been received, where posted from and to addresses in the United Kingdom, on the second Working Day and, where posted from or to addressed outside the United Kingdom, on the tenth Working Day following the date of posting:
i) Delivered by hand will be deemed to have been received at the time the notice is left at the proper address, and.
ii) Sent by email will be deemed to have been received on the next Working Day after sending.
1.14 If you qualify as a consumer pursuant to EU-consumer regulations i.e. you are a natural person who enters into a legal transaction for a purpose that is neither your commercial nor your independent vocational activity, you have a statutory right of withdrawal.
1.15 You can withdraw your acceptance of our Agreement within 14 days from the conclusion of the Agreement (e.g. letter) without the need to specify any reasons. To exercise your right to withdrawal, the withdrawal must be mailed within the 14-day period mentioned above and it must clearly state that you wish to withdraw from the Agreement. Due to the nature of the service provided to you, you cannot withdraw from our Agreement, if we have informed you that the airline has accepted the Claim, as we in such event have completed the service you requested. The withdrawal must be sent to:
C2O Media Ltd T/A Delayedagain.co.uk
Head Office: 1-6 St Marys Court,
The High Street,
2.1 The Client must complete the required fields in the initial enquiry form as provided by The Company on its website. He or she must provide his or her contact details as well as those of other persons on whose behalf he or she is legally allowed to lodge a request. The Client declares that he or she has read and accepts the terms and conditions of this agreement and enters into a legally binding agreement, as well as completing a Power Of Attorney in this matter.
2.2 The Company will check the data provided by the Client and the information relating to the flight that is subject to the request.
2.3 The Company will confirm by email whether it agrees to proceed with the request within 7 business days from the date of the lodgement of the request.
2.4 If the Company refuses to proceed, it will inform the Client of its decision within 7 business days of the date of the lodgement of the request. The decision of the Company is final and the Company is not required to provide reasons for its decision.
2.5 If the Company requires the Client to provide additional material or evidence, the Client must provide it within 14 days after it gives notice to the Client that it has agreed to proceed with the request. If the Client fails to provide the additional material or evidence in that time, the Company can close the file without further notice.
2.6 The Company will check the data provided by the Client and the information relating to the flight that is subject to the request.
2.7 By signing the Power of Attorney coupled with the "Terms and Conditions", the Client accepts these terms and conditions of sale at the time of submission of his or her request to www.delayedagain.co.uk. The Client is then irrevocably bound by these terms and conditions.
2.8 The Client authorises the Company to lodge a claim against the airline as soon as his or her Compensation Request is accepted by the Company.
2.9 In the light that the Airline/Air Carrier fails to respond within a reasonable time, this depending upon the Airline/Air Carrier, for all intents and purposes The Company will deem 30 Working Days as a reasonable time from the date of Submission to the Airline/Air Carrier . The Claim will then be assessed by the Company for the chance of success if legal proceedings are required and passed over to the nominated solicitor, this will incur the Legal Service Fee on top of the Standard Fee on a No Win No Fee Basi
3.1 The Fee payable to the Company applies to all Compensation Requests submitted by the Client. The fee is deemed to be owed to the Company regardless of the actual management of the file and the duration of the retainer.
3.2 The Fee payable "Standard Fee" to the Company is set at 25% and £25 per passenger (Plus VAT) of the compensation received by the Client in respect of each individual Compensation Request relating to a cancellation, delay of a flight, denied boarding or a re-routed flight. There are no upfront costs for the Client to pay. The Company only takes the remuneration from any amount we win for The Client - it is a strictly no win/no fee service.
3.3 The Fee payable "Legal Service Fee" if legal proceedings or the involvement of The Company"s nominated solicitor will be at an additional 25% on top of the Standard Fee payable (plus VAT). The Client will be informed that the claim has required this additional level of service and hereby agrees to accept this fee. There are no upfront costs for the Client to pay. The Company only takes the remuneration from any amount we win for The Client - it is a strictly no win/no fee service.
3.4 The Fee owed to the Company is paid on the day the Airline/Air Carrier pays compensation to the Company. Electronic Funds Transfer fees (only if applicable) for the transfer of the balance of compensation to the Client incurred by the Company are payable by the Client out of the balance of the compensation.
3.5 The Fee owed to the Company is applied to the sum of all compensation amounts paid by the Airline/Air Carrier to the Company, paid by the Airline/Air Carrier to an agent of the Company or paid directly by the Airline/Air Carrier to the Client.
3.6 The amount paid by the Airline/Air Carrier includes all monetary amounts and the monetary value of vouchers given by the Airline/Air Carrier to the Client or to the Company on behalf of the Client in relation to the claim.
3.7 The Company will not require the payment of any Fee if the Client does not receive any compensation in relation to his or her claim against the airline.
3.8 In the event of a claim being unsuccessful, the Company will pay all costs incurred on behalf of the Client including all costs of formal litigation.
4.1 The Company will notify the Client by email as soon as any compensation is received from the Airline/Air Carrier. That email will also provide the Company's memorandum of fees.
4.2 The Company will transfer any compensation received, less The Fee payable to the Company, to the Client within 28 days after:
5.1 If the airline fails to pay or fails to make an acceptable offer within the period set by The Company, we will pass the case on to our nominated solicitors (as set out in the authority document) who will review the Claim. You irrevocably agree to the disclosure of your data to our nominated solicitors for the purposes of case review.
5.2 You hereby accept and agree that our nominated solicitors are chosen by us and are directly engaged by us pursuant to the Power of Attorney.
5.3 If our nominated solicitor comes to the conclusion that the Claim can be asserted with adequate prospects of success, they will instigate legal proceedings on our behalf and in your name to pursue the Compensation amount. In this scenario you irrevocably agree as follows:
6.1 The Client undertakes to provide the Company with a Compensation Request that is liquidated, payable and enforceable.
6.2 The Client undertakes to pay The Fee(s) and further undertakes that all moneys received under a cost order relating to the claim the subject of the contract are payable to the Company.
6.3 The Client undertakes to provide all documents that he/she possesses that are relevant to his or her claim to the Company as soon as reasonably practicable
6.4 The Client undertakes not to interfere with the management of the file by the Company.
6.5 The Client declares that he or she has not initiated recovery proceedings in relation to the same event as that for which the Company has been retained hereunder. The Client further undertakes not to initiate proceedings by himself or herself or through another agent than the Company during the duration of the contract. If the Client has already initiated recovery proceedings against the Airline/Air Carrier, the Client must provide all relevant information to the Company and the Client agrees to transfer the management of those proceedings to the Company.
6.6 The Client undertakes not to accept any transaction, including any compensation or payment in respect of the claim, from the Airline/Air Carrier, and not to initiate any alternative dispute resolution or civil proceedings with the Airline/Air Carrier with respect to the claim without the prior written approval of the Company.
6.7 If the Client receives any direct payments or any other compensation from the airline concerned after entering into the Agreement, the Client shall be obliged to advise The Company without delay.
6.8 The Client undertakes that in the event of legal proceedings that they will, sign any relevant documents as required by the Nominated Solicitor for the purposes of the proceedings, and return them to The Company without delay. This may include without limitation, witness statements, claim forms/particulars of claim and any other documentation required as indicated by the Nominated Solicitor.
7.1 All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Company, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
7.2 Subject to sub-clause 7.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by The Company.
7.3 Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8.1 The Customer must always supply and submit accurate information and data to The Company. The Customer understands that submitting incorrect data may cause damage or loss to The Company and will adversely affect execution of the Agreement.
8.2 The Customer warrants and guarantees that the data and information provided, including valid email addresses, are complete and accurate.
8.3 All incidents of knowingly providing false and untrue data/information and of fraud in any manner whatsoever must be notified immediately and will render this agreement null and void.
8.4 The Customer agrees to fully indemnify The Company in all respects for all third-party claims including, but not limited to, incorrect client communications and/or provision of incorrect data/information and/or fraudulent conduct.
9.1 The Company makes no warranty or representation that the website or software will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.
9.2 Your Claim may not be successful. The Company is expressly not liable for any unsuccessful Claim except as provided for in these terms and conditions.
9.3 The Company is not authorised or regulated by the Solicitors Regulation Authority and is not a law firm. Where regulated legal services are required The Company shall use a nominated Solicitor who is authorised and regulated by the Solicitors Regulation Authority.
9.4 The Website or any part of it is not intended to provide advice, it should not be relied upon when making any decision or taking an action of any kind.
9.5 The Company deals with data supplied by third parties. As a result, information or results shown on the Website or received from us may not be relied upon or seen as completely accurate.
9.6 The Company accepts no liability for any disruption or non-availability of the Website or software resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
9.7 The Company is not liable for any loss that may arise from inaccurate or incomplete information received from the Client.
9.8 The Company is not liable for any loss for the quality or the manner its work and service are carried out.
9.9 Without prejudice to the Terms and Conditions, The Company liability to the Client or any third party shall never exceed the assumed or invoiced value of The Fee (including VAT).
9.10 The provisions of the preceding paragraphs do not affect the statutory liability of The Company on the basis of mandatory legal provisions.
Any personal or other data received from the Client or any third party is used for the purposes of the Claim for Compensation and to fulfil the means of the Agreement. The Company complies with provisions of the privacy laws and namely with the Data Protection Act 1998.
11.1 The Company is authorised to alter the Terms and Conditions and/or set supplementary conditions.
11.2 In the event that any party to the Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
11.3 In the event of any conflict between the Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
11.4 The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between senior executives of the parties, who have authority to settle the same.
11.5 If the matter is not resolved by negotiation within 30 days of receipt of a written 'invitation to negotiate', the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended to the parties by the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators.
11.6 The parties may at any time, without prejudice to any other proceedings, seek to settle any dispute arising out of or in connection with the present contract in accordance with the ICC Mediation Rules If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. The seat of the arbitration shall be England and Wales. The arbitration shall be governed by both the Arbitration Act 1996 and Rules as agreed between the parties. Should the parties be unable to agree on an arbitrator or arbitrators, or be unable to agree on the Rules for Arbitration, any party may, upon giving written notice to other parties, apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators for the appointment of an Arbitrator or Arbitrators and for any decision on rules that may be necessary.
11.7 Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief, or contesting the matter in the courts of England and Wales if attempts to conduct ADR are unsuccessful. This clause does not waive the right of either party to initiate court proceedings in accordance with English Law.
All contracts and dealings with The Company entered into are governed by the law of England and Wales. Any disputes as to the Terms and Conditions, the Agreement or any other contractual relations shall be resolved and settled by the relevant court in England.
13.1 This offer is that the Company will undercut another parties Service Fee if the Client finds one cheaper elsewhere.
13.2 To take advantage of this offer, the Client must provide proof of the lower Service Fee they have found, this will most commonly, but not always, be a web link to a different company’s website.
13.3 It's the Client's responsibility to let the Company know if the Client would like to take advantage of the Lowest Service Fee Guarantee Offer.
13.4 If clause 13.2 is not meet within 30 days of this contract being signed, then the Service Fee will default to the Standard rate.
We will hold and use the following details about you:
- your name, address, phone number, email address, date of birth; details of your flight;
- details of when you contact us and when we contact you;
- as well as any other information which we reasonably need to make a claim on your behalf