Article 1: Definitions

In these terms (hereinafter referred to as “Terms”), the following expressions have the meanings set out below:

1.1 “Agreement”: The agreement between the customer and FlightCompensator, which comes into effect upon the customer’s acceptance of these Terms. For the provision of Legal Assistance Services, the agreement is valid only if the customer has signed the Assignment Form or Compensation Claim Agreement in addition to accepting these Terms.

1.2 “FlightCompensator”: WeOnline Kft., a company incorporated in Hungary, with its registered office at 2626 Nagymaros, Szarvas köz 2.

1.3 “FlightCompensator”: The free online tool available on the FlightCompensator website and mobile application that allows the customer’s email address to be linked to the FlightCompensator service, enabling FlightCompensator to identify flight bookings and potential claims in accordance with the Air Passenger Rights Regulation via the relevant email.

1.4 “Air Passenger Rights Regulation”: Any law, regulation, directive, or similar, whether issued at the state, EU, federal, national, or regional level, that establishes rules for compensating, indemnifying, or refunding passengers for overbooked, delayed, or canceled flights.

1.5 “Assignment Form”: The document through which the customer transfers ownership of the claim to FlightCompensator according to the terms contained therein.

1.6 “Compensation Claim Agreement”: The document provided by FlightCompensator to the customer that authorizes FlightCompensator or its affiliates or partners to act on behalf of the customer. The document may be in various forms, including, but not limited to, a power of attorney or customer service agreement.

1.7 “Claim”: Any claim for financial compensation, indemnification, or refund against the airline under the Air Passenger Rights Regulation.

1.8 “Customer(s)”: The person(s) who have accepted these Terms.

1.9 “Eligibility Service”: The eligibility-determining service provided by FlightCompensator via a special software. The eligibility service is performed individually, on a request-by-request basis, via the FlightCompensator web form, or for each identified flight if the customer connects with FlightCompensator. The Eligibility Service informs the customer about the likelihood of eligibility for their claim. Eligible claims are highly likely to be paid, and FlightCompensator offers legal assistance services for such claims if the customer requests. Non-eligible claims have a low probability of payment, and FlightCompensator does not offer legal assistance for these claims. The eligibility service is currently only available for EC 261 claims.

1.10 “Compensation”: The total amount of money paid by the airline for a claim as compensation, settlement, goodwill gesture, or in any other manner to the customer or FlightCompensator after the customer accepts the terms.

1.11 “Information Service”: FlightCompensator’s provision of flight information, including airline details, airport information, other travel-related information, air passenger rights, and consumer protection laws. The information is relevant to the customer’s travels but may also appear in more general contexts, such as airport or airline rankings or news regarding changes in air passenger rights. The information is provided via electronic communication, including email, personalized electronic bulletins, websites or mobile applications managed by FlightCompensator.

1.12 “Justice as a Service”: The enforcement of FlightCompensator’s claims, including legal action when necessary.

1.13 “Litigation”: Initiated only at the customer’s request, and not by WeOnline Kft., but by the specialized lawyers listed in the Bar Association, which can be checked here: https://magyarugyvedikamara.hu/html/nyilvanos-kereso/

1.14 “Quick Legal Route”: A procedure designed for airlines that typically do not pay compensation unless legal action is taken. If FlightCompensator offers legal assistance by providing a quick legal route, FlightCompensator will charge a service fee and litigation fee due to the increased risk and cost for FlightCompensator.

1.15 “Member(s)”: The individual(s) who have purchased the FlightCompensator+ service.

1.16 “Price List”: The annex to these Terms containing the accepted currencies, payment methods, and all fees charged by FlightCompensator.

1.17 “261/04 Regulation”: Regulation (EC) No 261/2004 of the European Parliament and Council of 11 February 2004, which establishes common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays.

Article 2: Agreement

2.1 Once the customer has accepted these Terms, FlightCompensator undertakes to provide the service, and the customer agrees to use the Eligibility Service and Information Service.

2.2 Once the customer has accepted these Terms and signed the Assignment Form or Compensation Claim Agreement, the customer agrees to use the Legal Assistance Service, and FlightCompensator undertakes to provide this service, unless FlightCompensator informs the customer without undue delay that it cannot assist with the given claim.

2.3 By entering into a contract with FlightCompensator, the customer guarantees that they have the authority and legal capacity to enter into the Agreement on their own behalf and, if applicable, on behalf of persons they are traveling with. By signing the Assignment Form or Compensation Claim Agreement, the customer guarantees that they have the authority and legal capacity to sign the Assignment Form or Compensation Claim Agreement on their own behalf and, if applicable, on behalf of any minors traveling with them.

2.4 The customer acknowledges that FlightCompensator only pursues flight compensation claims. The customer agrees that FlightCompensator will not accept travel vouchers and/or other services as compensation, and any such offer from airlines will be considered a refusal of payment, unless FlightCompensator determines that the likelihood of a more favorable outcome for the customer is low, in which case accepting such an offer may be the best choice.

2.5 The customer guarantees that the compensation has not been transferred to a third party, and there is no ongoing or pending legal dispute between the customer and the airline regarding the same matter.

2.6 After signing the Assignment Form, the customer may not transfer the claim to another party, as the claim’s ownership has already been transferred to FlightCompensator. Any existing obligation or transfer, if applicable, must be canceled before signing the assignment form or the compensation claim agreement. For clarity, if the customer has signed a compensation claim agreement, they may withdraw the authorization provided in the agreement by notifying FlightCompensator in writing.

2.7 If, after entering into the agreement, the customer directly receives a payment or any other compensation from the airline, the customer must inform FlightCompensator immediately. These payments are considered compensation and entitle FlightCompensator to claim the service fee and litigation costs if FlightCompensator initiated the legal action before the customer received the payment from the airline.

2.8 After signing the Assignment Form or Compensation Claim Agreement, the customer must cease negotiations with the airline and direct all airline-related communications to FlightCompensator to achieve the best possible result.

Article 3: Description of Legal Assistance Service

3.1 FlightCompensator requests compensation from the operating airline on behalf of the customer based on the 261/2004 Regulation or any other applicable regulation related to the customer’s specific flight.

3.2 Flight data and information may be transmitted to FlightCompensator via the website, mobile applications, email, other electronic solutions, or through the software or phone supported by FlightCompensator.

3.3 To successfully enforce the claim, FlightCompensator requires the customer to sign the Assignment Form or Compensation Claim Agreement, which the customer can submit to FlightCompensator through the web form, mobile app, email, or post. Upon receipt of the signed form or agreement, FlightCompensator will prepare a payment request and submit it to the operating airline without undue delay, handling all subsequent correspondence. The fee for this Legal Assistance Service will be charged according to the price list.

3.4 If the airline does not pay the compensation within a reasonable time after FlightCompensator’s notification, and if the claim has been sufficiently confirmed, FlightCompensator may initiate legal action to enforce the claim. If legal proceedings are initiated and compensation is paid, FlightCompensator will charge a litigation fee in addition to the service fee to cover the costs of the litigation (see the price list).

3.5 If a contracted legal representative is hired for the litigation, the customer allows FlightCompensator to provide access to all data shared with FlightCompensator to the legal representative, enabling the representative to send information about the progress of the case. If the competent court requests authentication, power of attorney, affidavit, Letter of Authorization, or other separate documents, the customer agrees to sign these supplementary documents. If the customer has already signed an Assignment Form and signs a certification, power of attorney, customer service agreement, or similar document, the customer and FlightCompensator agree that the claim will automatically revert to the customer just before signing the relevant certification, power of attorney, customer service agreement, or similar document.

3.6 If the contracted legal representative concludes that there is insufficient likelihood of success, the customer will be informed, and neither FlightCompensator nor the contracted legal representative will take further steps.

3.7 If FlightCompensator or the contracted legal representative initiates litigation to enforce the claim, FlightCompensator will cover the costs incurred in case of losing the lawsuit. If the case is won or a settlement is reached between the airline and FlightCompensator, FlightCompensator will cover all costs that the airline does not cover.

Update: 2020.08.19

Article 3 (7) applies only when FlightCompensator assigns the customer’s claim. The Terms are supplemented by the applicable Hungarian laws.

Under the applicable laws, FlightCompensator cannot directly sue the airline operator on behalf of the passenger. Due to the legal framework, as a limited liability company, we cannot act as a representative. According to the Act on the Organization and Practice of the Legal Profession (51/1995), legal advice is a reserved activity for lawyers, and legal advice and representation must be performed in court. The company can only act in its name when the passenger assigns the right to claim, and with this, the claim becomes the company’s property.

For rights found in the assets of another person, the company cannot make claims in court, except for specific exceptional cases, which do not apply in the current situation. The relationship between FlightCompensator and the passenger (client) is one of peaceful representation before the airline operator. Out of respect for its clients, in case the airline refuses the compensation owed to the passenger, FlightCompensator suggests several alternatives to the client, such as: 1. Transfer of the claim right in exchange for a sum; 2. Referral to registered legal professionals in such situations.

3.8. The customer acknowledges that FlightCompensator has the exclusive decision-making power regarding the acceptance of a settlement offer, as the customer has transferred the claim to FlightCompensator. If FlightCompensator acts on behalf of the customer based on a compensation claim agreement, the customer authorizes FlightCompensator to accept or reject settlement offers with the airline, based on FlightCompensator’s experience and external legal counsel.

Article 4: Fees and Payments

4.1 FlightCompensator offers the eligibility service, FlightCompensator Connect, and the information service free of charge.

4.2 FlightCompensator provides the legal assistance service free of charge, except when FlightCompensator successfully collects the compensation. If the action is successful, FlightCompensator will transfer the agreed-upon portion of the compensation to the customer, in accordance with the relevant fees in the price list.

4.3 The payment of the agreed portion of the compensation to the customer will be made according to the options listed in the price list.

4.4 If the customer has provided incorrect or insufficient data for the payment of compensation, and the payment is returned to FlightCompensator, and after repeated notifications and reasonable efforts to contact the customer using the email provided by the customer to FlightCompensator, the customer does not respond to the correction or provide the necessary data for the payment of the compensation, FlightCompensator may retain a portion of the compensation. This will be deducted from the compensation transferred to the customer.

4.5 After FlightCompensator has paid the agreed compensation to the customer according to the customer’s instructions and method, FlightCompensator is not responsible for:

i) checks, prepaid debit cards, credit cards, and other losses during delivery to the customer;

ii) if the customer provides incorrect bank account data, incorrect address, or similar, including but not limited to, compensation paid to an incorrect recipient. If the compensation is paid to the incorrect recipient due to the customer’s mistake, FlightCompensator is not obligated to actively recover it.

4.6 No interest can be claimed for the period between the incoming and outgoing payments. FlightCompensator reserves the right to withhold any interest owed by the airline.

4.7 FlightCompensator is not responsible for any type of compensation, damage, or similar in the event that FlightCompensator cannot transfer the payment to the customer due to an event that cannot be reasonably controlled, including, but not limited to, strikes, employer strikes, natural disasters, war, riots, civil unrest, intentional sabotage, compliance with law or operational instructions, accidents, fire incidents, or government orders, accidents, fire incidents, or government regulations, or aircraft malfunctions, storms.

Article 5: Protection of Personal Data

5.1 FlightCompensator uses the personal data provided by the customer primarily for the provision of the Eligibility Service and the Information Service in accordance with the Agreement. FlightCompensator may collect personal data for other purposes, such as statistics, administration, communication, IT administration and security, physical protection, authentication and authorization systems, supporting systems, coordination of internal projects and teams, and organizational activities. All personal data is collected in accordance with the General Data Protection Regulation (EU) 2016/679 (see the Privacy Policy).

5.2 The customer provides personal data to FlightCompensator in accordance with the General Data Protection Regulation or other applicable data protection laws, with their explicit consent for the processing of personal data and its use under the Agreement. FlightCompensator will only transfer personal data to third parties under the following conditions:

i) if the customer has consented to it;

ii) if it is directly related to the original purpose of collecting the personal data;

iii) if it is necessary for the preparation, negotiation, and fulfillment of the agreement with the customer;

iv) if it is required by legal obligations, administrative or court orders;

v) if necessary for establishing or defending legal claims, or for defense against legal actions;

vi) if it is necessary for preventing misuse or other illegal activities, such as intentional attacks, and ensuring data protection.

Article 6: Data and Information from the Customer

6.1 Upon request by FlightCompensator, the customer provides all data or information necessary for the fulfillment of the Agreement. The customer guarantees that the provided data and information are correct, complete, and truthful (see the Privacy Policy).

6.2 The customer agrees to fully indemnify FlightCompensator for any third-party claims, including, but not limited to, incorrect communication, providing incorrect data/information, and fraudulent behavior.

6.3 In the event of incorrect data/information and fraudulent behavior, FlightCompensator reserves the right to immediately terminate the contract. If the contract is terminated under this paragraph, the customer will not be entitled to any compensation.

Article 7: Right of Withdrawal

7.1 If you are considered a consumer under EU consumer protection regulations, i.e., a natural person who enters into a legal transaction for a purpose that is neither commercial nor self-employed, you are entitled to a statutory right of withdrawal.

7.2 You may withdraw from the agreement within 14 days from the conclusion of the agreement (e.g., by letter, email) without providing any reason. To exercise your right of withdrawal, you must notify us within the aforementioned 14-day period, clearly stating that you wish to withdraw from the agreement. Due to the nature of the provided service, you cannot withdraw from the agreement if we have informed you that the relevant airline has accepted the claim, as we have already provided the service you requested, or if you flew on flights covered by the FlightCompensator+ subscription. The withdrawal can be sent to:

or email:
support@flightcompensator.com

Article 8: Conditions for Compensation Payment

8.1 The represented customer will be notified within a maximum of 30 days from the redemption of the compensation related to the flight to provide the bank details for the transfer.

8.2 The period referred to in point 1 starts from the moment FlightCompensator is informed that the amount received from the airline is the compensation entitled to the represented customer. Therefore, if the airline does not provide payment details at the time of the bank transfer, FlightCompensator will contact the airline for clarification within a maximum of 5 days from receipt.

8.3 Within a maximum of 30 days from the moment the represented customer provides the full and correct bank details (Name, IBAN, etc.) to FlightCompensator, FlightCompensator will perform a bank transfer to the represented customer, including the compensation from the flight claim, while retaining the service fee.

8.4 The payment will be made in the currency in which FlightCompensator received the compensation from the airline. Therefore, if FlightCompensator received the compensation in euros, the payment will be made to the passenger in the same currency. If the passenger declares that they do not have a bank account in this currency, FlightCompensator will perform the bank transfer to the represented customer in the currency specified by the passenger, based on the BNR exchange rate for that day (or the exchange rate before the BNR exchange rate announcement for previous day payments).

8.5 If FlightCompensator does not receive the correct and complete bank details from the represented customer within 3 months from the notification to provide the bank details for the transfer (as mentioned in 8.1), FlightCompensator will not be liable for the customer’s failure to comply with the obligations mentioned in this article, and the compensation will be withheld at the end of the 3-month period.

Article 9: Final Provisions

9.1 FlightCompensator reserves the right to modify these Terms and the price list, as well as to define additional conditions at any time without prior notice. However, changes that negatively affect the customer will not apply to the customer unless the customer accepts these new changes.

9.2 These Terms, the Assignment Form, and the agreement between FlightCompensator and the customer are governed by the laws of Germany. However, the customer always has the right to seek the protection afforded by the laws of the country of their residence.

9.3 If any provision of these Terms is found to be invalid, illegal, or unenforceable, it will not affect the validity of the remaining provisions.

9.4 FlightCompensator may transfer the rights and obligations concerning the submitted claims in whole or in part to any entity within the FlightCompensator corporate group, and FlightCompensator may transfer them to third parties.

9.5 The English version of these Terms will prevail in case of any discrepancy with any other language version.