1.1 “Agreement”: an agreement between the Client and Despago, entered into after the Client’s acceptance of the Terms. In the case of the provision of the Legal Assistance Service, the Agreement is deemed to be valid after the Client has signed the Assignment Form or Claim Agreement in addition to acceptance of these Terms.
1.2 “Despago”: Despago SA, a trading company based in Romania, having its registered office in Constanța, Str.Miron Costin nr 65.
1.3 “Despago”: a free online tool, available on the Despago website and in the mobile application, which allows the customer’s email to be connected to Despago to enable Despago to identify flight bookings and possible claims under the Air Passengers’ Rights Regulation in that email.
1.4 “Air Passenger Rights Regulation” means any law, regulation, directive or similar, whether issued at state, EU, federal, national or regional level, which establishes rules for monetary compensation, indemnification or reimbursement of passengers in the event of overbooking, delay or cancellation of flights.
1.5 “Assignment Form”: the document by which the Customer, in accordance with the terms and conditions stipulated therein, transfers the ownership of the Application to Despago.
1.6 “Claim Agreement” means a document provided by Despago to the Client authorizing Despago or one of its affiliates or partners to act on behalf of the Client. The document may be in various forms including, but not limited to, a power of attorney or a customer support agreement.
1.7. “Claim” means any claim for monetary compensation, indemnification or reimbursement against an airline under the Air Passenger Rights Regulation.
1.8 “Customer(s)”: the person(s) who has (have) accepted these Terms.
1.9 “Eligibility Service”: Despago’s provision of its last-minute eligibility determination service through specialized software. The eligibility service is performed on an individual request-by-request basis in the Despago web form or for all flights found if the customer is connected to Despago. The eligibility service will inform the customer about the probability of having an eligible request. An eligible claim will have a high likelihood of being paid, and Despago will provide its legal assistance service for such claims if requested by the customer. Ineligible claims will have a low likelihood of being paid and Despago will not provide its legal assistance service for such claims. The Eligibility Service is currently only available for EC 261 claims.
1.10 “Compensation” means the total amount of money paid by an Airline for a Claim, whether by way of compensation, settlement, out-of-court settlement, gesture of goodwill or otherwise, transferred to the Customer or to Despago after the Customer has accepted the Terms.
1.11 “Information Service”: is the provision of flight information by Despago, including airline information, airport information, other travel-related information, information about air passenger rights and consumer protection laws. The information will be relevant to the customer’s travels, but will also have a more generic context, such as airport or airline classifications or news about changes to air passenger rights. The information will be provided via electronic communications, including email, personalized electronic billboards, Despago-controlled websites or mobile applications.
1.12 “Justice as a Service”: is Despago’s pursuit of a claim, including, if necessary, through litigation.
1.13 “Litigations”: initiated only at the client’s request and not by Air Despago SA, but by specialized lawyers, registered in the Roll of Lawyers, which can be checked here www.unbr.ro
1.14 “Expedited Legal Route”: is a procedure for airlines that usually do not pay compensation unless legal action is initiated. If Despago provides a legal assistance service by offering a fast-track legal path, Despago will charge both the service fee and the litigation fee, due to the increased risk and cost to Despago.
1.15 “Member(s)” means the person(s) who have purchased Despago+.
1.16 “Price List”: the appendix attached to these Terms, which specifies the currencies accepted, payment methods and all fees charged by Despago.
1.17 “Regulation 261/04”: Regulation (EC) No 261/2004 of the European Parliament and of the Council of February 11, 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
2.1 Once the Customer has accepted these Terms, Despago agrees to provide the Service and the Customer agrees to receive the Eligibility Service and the Information Service.
2.2 Once the Client accepts these Terms and signs either the Assignment Form or the Claim Agreement, the Client agrees to receive the Legal Assistance Service and Despago agrees to provide this service, unless Despago informs the Client without undue delay that Despago is unable to provide assistance for the claim.
2.3 By entering into an agreement with Despago, the client warrants that he has the authority and legal capacity to enter into the agreement on his own behalf and, where applicable, on behalf of the persons with whom he has traveled. By signing the Assignment Form or a Compensation Claim Agreement, the client warrants that he/she is authorized and has the legal capacity to sign the Assignment Form or the Compensation Claim Agreement on his/her own behalf and, if applicable, on behalf of the minors with whom he/she has traveled.
2.4 The Customer acknowledges that Despago only seeks to compensate for flights. The Customer agrees that Despago will not accept travel vouchers and/or other services as compensation, and that any such offer from airlines will be considered a refusal of payment, unless Despago determines that the likelihood of a more favorable outcome for the Customer is low and that, under the circumstances, the best choice would be to accept such offer.
2.5. The Customer warrants that the compensation has not been transferred to a third party and that there is or will be no legal dispute between the Customer and the Airline on the same subject matter.
2.6 Once the Assignment Form has been signed, the Customer may not transfer the claim to any other party, as legal title to the claim has already been assigned to Despago. Any existing assignments or transfers, if any, must be canceled prior to the signing of the Assignment Form or the Claim Agreement. For the avoidance of doubt, where the Customer has signed an Indemnity Claim Agreement, the Customer may revoke the power granted in the Indemnity Claim Agreement by written notice to Despago.
2.7 In case the Customer receives direct payments or any other compensation from the respective airline after the conclusion of the contract, the Customer is obliged to inform Despago about this without delay. These payments are considered as compensation and entitle Despago to claim the service fee and the litigation fee if Despago has filed a lawsuit before the customer has received the payment from the respective airline.
2.8 After signing the Assignment Form or a Claim Agreement, the Customer must cease negotiations with the relevant airline and direct any contact from the airline to Despago to ensure that Despago obtains the best possible outcome.
3.1 Despago raises the customer’s claim for compensation from the airline that operated the flight, on the basis of Regulation 261/2004 or any other air passenger rights regulation in force, applicable to the specific air journey of the customer.
3.2 Data and flight information may be transmitted to Despago via the website, mobile applications, e-mail, other electronic solutions or software supported by Despago or by telephone.
3.3 In order to successfully pursue the claim, Despago needs the Assignment Form or Claim Agreement signed by the customer, which the customer can send to Despago via web form, mobile application, email or postal service. Upon receipt of a signed Assignment Form or Claim Agreement from the Customer, Despago prepares a claim and sends it to the airline that operated the flight without undue delay and handles all subsequent correspondence. For this part of the Legal Assistance Service, if compensation is paid, Despago will charge a service fee (see Price List).
3.4 If the airline that operated the flight does not pay the compensation within a reasonable time after being notified by Despago and provided that the claim has been confirmed with adequate certainty, Despago may initiate legal action to pursue the claim. If legal action is initiated and compensation is paid, Despago charges a litigation fee in addition to the service fee to cover the additional costs of litigation (see Price List).
3.5 Where a contracted legal representative is used for litigation, the Client shall allow Despago to grant the contracted legal representative access to all data communicated to Despago and shall allow the legal representative to transfer case progress information to Despago. If the competent court requires a certificate of authentication, power of attorney, affidavit of authenticity, assignment form or other separate additional documents, the client agrees to sign these additional documents. If the Customer has already signed an Assignment Form and signs a certificate of authentication, power of attorney, customer service agreement or similar instrument, the Customer and Despago agree that such claim is automatically transferred back to the Customer immediately before the Customer signs such certificate of authentication, power of attorney, customer service agreement or similar instrument.
3.6 If the Contracted Legal Representative concludes that there is insufficient prospect of success, the Client will be informed of this and neither Despago nor the Contracted Legal Representative will take any further action.
3.7 If Despago or the contracted legal representative initiates a lawsuit to pursue a claim, Despago will cover all costs incurred in the event of losing the lawsuit. If the lawsuit is won or if an agreement is reached between the Airline and Despago, Despago will cover all costs incurred that are not covered by the Airline.
Update for Romania: 29.07.2020
Article 3(7) only applies if Despago assigns the claim to the passenger (customer). The terms and conditions are supplemented with the legislation in force in Romania.
Despago cannot directly sue the air carrier on the passenger’s behalf, in accordance with the legislation in force. As a limited liability company, we cannot act as a representative, in accordance with the provisions of Law no. 51/1995 on the organization and practice of the legal profession.
Moreover, under the law, legal advice is an area reserved to lawyers by the forms of practice and a lawsuit would involve legal advice and representation. The company can act in its own name if it assigns the passenger’s right of claim, which then becomes the property of the company.
The Company cannot claim in court a right in the assets of another person, except in certain exceptional circumstances which do not apply in the present situation. The legal relationship between DESPAGO and the passenger (customer) is one of amicable representation before the air carrier. Out of respect for its clients, in case the air carrier refuses to compensate the passenger, DESPAGO proposes several alternatives to the client, such as: 1. Assignment of the claim in exchange for a sum of money; 2. Referral to lawyers specialized in such situations, registered in the Register of Lawyers.
Article 3.8: The Customer acknowledges that it is Despago’s sole decision to accept any out-of-court settlement offer, as the Customer has transferred the claim to Despago. Where Despago is acting on behalf of the Customer on the basis of a Claims Agreement, the Customer authorizes Despago to accept or reject out-of-court settlement offers based on Despago’s experience with the airline and the advice of external legal representatives.
4.1 Despago offers the Eligibility Service, Despago Connect and the Information Service free of charge.
4.2 Despago offers the service of legal assistance free of charge, unless Despago succeeds in collecting damages. If the action is successful, Despago will transfer the agreed part of the compensation to the customer, subject to the applicable fees as set out in the price list.
4.3. Payment of the agreed part of the compensation to the client will be made in accordance with the options in the price list.
4.4 If the Customer has provided incorrect or insufficient information necessary for the payment of the Compensation and the payment is returned to Despago, and the Customer, after several notices and reasonable efforts on the part of Despago to contact the Customer by means other than the e-mail provided by the Customer to Despago, does not respond to correct or provide the information necessary for the payment of the agreed part of the Compensation, Despago shall be entitled to retain that part of the Compensation that would otherwise have been transferred to the Customer.
4.5 After Despago has paid the agreed compensation in accordance with the instructions and the selection of the method provided by the client, Despago is not liable for:
i) checks, prepaid debit cards, credit cards and other losses in transit to the customer;
ii) any effect of the customer providing incorrect bank account information, incorrect address or similar, including, but not limited to, compensation paid to an incorrect recipient. If the compensation has been paid to an incorrect recipient through the fault of the client, Despago shall not be obligated to actively recover it.
4.6 Interest cannot be charged for the period between incoming and outgoing payments. Despago reserves the right to retain any interest recovered from the airline.
4.7 Despago shall not be liable for any compensation, damages or the like if Despago is prevented from transferring payment to the Customer due to an event beyond its reasonable control, including, but not limited to, strike, employer strike, natural disaster, war, riots, civil disturbances, willful sabotage, compliance with any law or governmental order, regulation, regulation, provision or instruction, accident, plant or machinery breakdown, fire, flood and storm.
5.1 Despago will primarily use the personal data provided by the Customer for the purposes of providing the Eligibility Service, the Information Service in accordance with the Agreement. Despago may also collect personal data for other purposes, such as statistics, administration and communication, IT administration and security, physical protection, authentication and authorization systems, support systems, coordination of projects and internal teams and organizational activities. All personal data is collected in accordance with the General Data Protection Regulation, Regulation (EU) 2016/679 (see Privacy Statement).
i) where the client has given consent;
ii) where it is done for a purpose directly related to the original purpose for which the personal data were collected;
iii) if necessary for the preparation, negotiation and fulfillment of the agreement with the client;
(iv) where required as a result of a legal, administrative or court order;
v) where necessary to establish or protect legal claims or to defend against legal action;
vi) where it serves to prevent misuse or other unlawful activities, such as deliberate attacks, to ensure data protection.
6.1 Upon Despago’s request, the Client shall provide Despago with any data or information necessary for the execution of the Agreement. The Client warrants that the data and information provided is accurate, complete and true (see Privacy Statement).
6.3 In the case of incorrect data/information and fraudulent behavior, Despago reserves the right to terminate the contract with immediate effect. In the event that the contract is terminated in accordance with this paragraph, the customer shall not be entitled to any compensation.
7.1 If you qualify as a consumer under EU consumer regulations, i.e. you are a natural person entering into a legal transaction for a purpose that is neither commercial nor self-employed, you have a statutory right of withdrawal.
7.2 You may withdraw your acceptance of our agreement within 14 days of its conclusion (e.g. by letter, e-mail) without having to explain your reasons. In order to exercise your right of withdrawal, you must give notice within the aforementioned 14-day period and clearly state that you wish to withdraw from the agreement. Due to the nature of the service provided, you cannot withdraw from our Contract if we have informed you that the airline in question has accepted your claim, because in that case we have provided the service you have requested, or if you have flown on any flight covered by your Despago+ Subscription. Withdrawal can be sent to:
8.1 Within a maximum of 30 days from the time of receipt of the compensation to the represented Client in connection with the Flight, we will notify the represented Client to provide us with the bank details for the transfer.
9.1 Despago is authorized to modify these Terms and the price list and to set additional terms at any time without notice. However, changes that have an adverse effect on the Customer will not apply to the Customer unless the Customer accepts these new changes.
Terms and Conditions
Information
DESPAGO S.R.L. · Reg. code (CUI) 34252894 · Trade Register No. J2015000147396 · Registered office: Splaiul Independenței No. 202K, Room 1, Bl. B5, Ground floor, Ap. 1, Sector 6, Bucharest
Alternative dispute resolution: ANPC · EU ODR Platform
