Terms and conditions

Definitions
In these terms and conditions, the following definitions apply:
"User": The person who creates a case with Air-Delay and accepts these terms and conditions.
"Passenger": The person or persons whose claim for compensation and/or refund is handled by Air-Delay.
"Claim": Any claim for compensation and/or refund pursuant to EU Regulation No. 261/2004 or related rules.
"Assignment Declaration": The declaration by which the passenger irrevocably assigns the Claim to Air-Delay.
"Case": The specific case that Air-Delay handles on behalf of the user.

1. General Information and Subject Matter of the Contract

1.1 Air-Delay ApS (hereinafter referred to as "Air-Delay"), and the website air-delay.com is owned by the company Travel Help ApS with CVR number 42188034. Travel Help ApS is an authorised debt collection company.
Travel Help ApS does not provide legal advice but collects claims from airlines pursuant to EU Regulation (EC) No. 261/2004 under debt collection legislation.
Contact information: Kigkurren 8D, 3rd floor left, 2300 Copenhagen S Email: support@air-delay.com Phone: 69 13 69 06

1.2 Air-Delay assists air passengers in recovering claims, including compensation and refunds, under EU Regulation on air passenger rights No. 261/04 (hereinafter referred to as "the Claim") in accordance with the provisions set out herein, as well as the conditions specified on this page by Air-Delay.
The passenger irrevocably assigns the Claim to Air-Delay (see section 2.2 "Assignment Declaration"), which authorises Air-Delay to enforce the claim under these terms and conditions.

1.3 Air-Delay shall attempt to recover the Claim out of court to the extent possible. Air-Delay subsequently has the right to recover the Claim through the courts if this has not been possible out of court.

2. Terms for Entering into the Agreement

2.1 Entering into an Agreement between the User and Air-Delay It is a condition for registration as a user with Air-Delay that the user has accepted the applicable terms and conditions as set out on the Air-Delay website. By ticking the box "I accept the terms and conditions", this tick is considered to constitute an agreement between the user and Air-Delay, after which Air-Delay and the user are bound by the written terms and conditions that the user has previously marked as "read and accepted". The terms and conditions are in accordance with applicable legislation.

2.2 Assignment Declaration In addition to accepting the terms and conditions referred to in section 2.1, the user signs an assignment declaration upon creation of a case, which transfers the claim from the passenger to Air-Delay. The passenger is entitled to receive the share of the recovered amount as described in section 6, provided the case is won.

2.3 Payment Obligation and Prices By signing the assignment declaration and by accepting Air-Delay's terms and conditions in connection with the creation of a case, the user expressly declares and acknowledges that the user is aware of, has read and understood, and accepts that the user is subject to a payment obligation in accordance with Travel Help ApS's general terms and conditions in force at any time, including the prices, fees, charges and other costs set out in these terms and conditions and published on the company's website.
The user hereby accepts that the prices and calculation principles set out in these terms and conditions constitute the contractual basis for the amount of remuneration, and that Travel Help ApS is entitled to charge payment in accordance herewith, including in cases where payment is made after invoicing, direct payment to the user or as a result of the user's breach of contract, withdrawal of the assignment declaration or termination of the collaboration.

3. Terms and Conditions of the Agreement

3.1 Purpose of the Agreement The purpose of the agreement is to facilitate a contract between Air-Delay and the passenger. Air-Delay commits to using its best efforts to ensure the maximum possible compensation in the given case. This requires complete, accurate and correct information from the passenger.

3.2 As a customer of Air-Delay, you have the right to: Receive compensation in accordance with the applicable price list specified in section 6.
Terminate the collaboration by withdrawing the assignment declaration. If the assignment declaration is withdrawn before Air-Delay has had the opportunity to complete the case, Air-Delay is entitled to invoice for the time spent on the case in accordance with the price stated in section 3.3, or pursuant to section 6.9 if the 14-day cancellation period has expired. Air-Delay may also invoice any costs that the withdrawal of the assignment may entail for them.

3.3 As a customer of Air-Delay, you undertake to: Allow Air-Delay to recover the compensation from the airline or travel agency.
Forward all correspondence with the airline to Air-Delay and inform Air-Delay if you receive a payment directly from the airline or other relevant third parties.
Answer Air-Delay's questions and enquiries honestly and completely. You also undertake to submit all relevant information in the case that Air-Delay requests.
You guarantee that the claim has not been assigned to a third party and that no legal dispute is pending or expected between you and the airline in the initiated case. An initiated case with Air-Delay cannot be transferred to others.
If the customer does not fulfil their obligations under this agreement, Air-Delay is entitled to invoice for the time spent on the case at Air-Delay's standard hourly rate of DKK 500 including VAT, as well as any costs that the customer's breach of this agreement has caused Air-Delay.

3.4 Rights and Obligations of Air-Delay After the Claim has been assigned, Air-Delay is entitled to take any step/action to achieve the highest possible payment, including sending demand letters to the creditor, sending reminders, bringing the case before the courts, negotiating settlements (both out of court and in court), participating in court hearings, and assigning the Claim to Air-Delay's lawyer, etc.
After the assignment of the Claim, the passenger is not entitled to simultaneously contact the airline with the aim of claiming or receiving compensation or refund for the same matter.
The passenger may have previously attempted to contact the airline or received a rejection from the airline. However, the passenger must understand that this previously submitted or rejected claim is transferred to Air-Delay upon the creation of a case.
Air-Delay is entitled to receive information from the airline and the relevant authorities on behalf of the passenger. Air-Delay is entitled to discontinue the case if the passenger does not provide Air-Delay with sufficient and accurate information and documentation. Air-Delay is entitled at any point in the process to stop the case if Air-Delay assesses that there is no longer a basis for recovering the Claim.
Air-Delay is entitled to receive payment on the assigned claim. After Air-Delay has received the claim, the fee is deducted pursuant to section 6, and the remainder is transferred to the passenger.
Case processing, as well as correspondence with airlines and courts, is confidential and cannot be required to be disclosed.

3.5 Closure of Case Before Completion The user may at any time request to close their case with Air-Delay by written request. Closure of the case is considered in this context to include any form of termination of the collaboration, including withdrawal of the assignment declaration.
If the user requests to close the case before the expiry of the 14-day cancellation period, and the case has been wholly or partially initiated, Air-Delay is entitled to charge an appropriate fee in accordance with the rules of the Consumer Contracts Act and in proportion to the work carried out up to the time of closure.
If the user requests to close the case after the expiry of the 14-day cancellation period and before the case has been completed, Air-Delay is entitled to charge a fee in accordance with section 6 (Prices), as if the case had been won, regardless of the fact that the case has not been concluded.
Closure of the case does not exempt the user from payment obligations arising under these terms and conditions. Any costs that the closure entails for Air-Delay may also be charged to the user.

3.7 Termination of Collaboration The collaboration between the user and Air-Delay is only considered definitively terminated when the case has been closed and all outstanding matters, including fees, charges and any costs, have been fully settled. Termination of the collaboration does not exempt the user from payment obligations arising under these terms and conditions.

3.6 Cases Without Danish Jurisdiction and Use of Foreign Partners If it is assessed in a specific case that the case cannot be handled by a Danish court due to lack of Danish jurisdiction, and the case must therefore be transferred to a foreign partner or lawyer for further processing, the user accepts that the case is treated as a case handled in court for fee purposes.
In such cases, the fee table for cases handled in court, see section 6 (Prices), applies correspondingly, even though the case is not handled by a Danish court. The user accepts that the use of foreign partners may entail increased workload, costs and complexity, which are included in the court fee.

4. Disclaimer Air-Delay accepts no liability in relation to the Claim achieved. The company, its employees and its partners cannot be held liable for any errors appearing on our website. Information provided by Air-Delay is stated as accurately as possible.
Air-Delay cannot be held liable for the content of the website in connection with compensation, and we do not guarantee that the customer is entitled to compensation despite other information being stated. Air-Delay is not responsible for any incorrectly stated data by the customer. This includes, among other things, bank details, incorrect address or similar, including but not limited to compensation being paid to an incorrect recipient. If the compensation, due to the customer's error, has been paid to an incorrect recipient, Air-Delay shall not be obliged to actively recover it. Air-Delay still has a claim to the agreed fee.

5. Confidentiality All information that the customer gains access to through Air-Delay's system must be treated confidentially. It is therefore not permitted to share knowledge, documents or other material with other companies or private individuals without Air-Delay's consent. If you accidentally come into possession of documents or other material that does not concern you, you are also obliged to delete this immediately.

6. Prices The prices and fees below indicate the remuneration that Air-Delay is entitled to charge, as well as the amount that the user can expect to receive upon conclusion of the case. The fee is calculated in accordance with the nature and method of handling of the case, see further below.

6.1 If the case is won and the Claim has been paid, Air-Delay is entitled to a fee pursuant to the conditions described in this section. The user also accepts being subject to the payment obligations set out in section 6 of these terms and conditions.
It should be noted that the price differs for cases handled out of court and cases handled through litigation. This is because there is a significantly increased workload and costs for Air-Delay associated with bringing a case before the courts.

6.2 In the event that it has been necessary to involve external lawyers in the litigation, the recovered amount is considered to be the amount that Air-Delay receives from the external lawyer.

6.3 If the case has not been won and the Claim has not been paid by the airline or travel company, Air-Delay is not entitled to charge a fee. However, this does not apply if the compensation is paid to the customer. In this case, the case is considered to have been won, and Air-Delay is entitled to the full fee.
6.4 In certain cases, a transfer and/or administration fee of up to DKK 150 (approx. €20) may be charged if Air-Delay incurs costs in connection with payment to the customer. This amount is not included in the price table below.

6.5 If compensation is paid directly to the customer, Air-Delay is entitled to send an invoice for the agreed fee pursuant to the price table below.

6.6 Air-Delay offers a price guarantee, which means that we match the price of other providers of the same services, provided valid and unambiguous documentation can be presented. Air-Delay's price guarantee applies to all cases, and the final assessment of any third party's prices is made by Air-Delay. This assessment is an overall assessment of the total pricing of that third party. Use of the price guarantee must be made upon creation of the case.

6.7 The price table below specifies Air-Delay's fee, as well as what you as a customer can expect to receive if a case is won. Prices are stated per passenger.

Fee for cases handled out of court:
Claims entitled to €200 compensation under EU Regulation. Air-Delay's fee is €60 including VAT, and the passenger receives €140, subject to minor exchange rate differences.
Claims entitled to €250 compensation under EU Regulation. Air-Delay's fee is €75 including VAT, and the passenger receives €175, subject to minor exchange rate differences.
Claims entitled to €300 compensation under EU Regulation. Air-Delay's fee is €90 including VAT, and the passenger receives €210, subject to minor exchange rate differences.
Claims entitled to €400 compensation under EU Regulation. Air-Delay's fee is €120 including VAT, and the passenger receives €280, subject to minor exchange rate differences.
Claims entitled to €600 compensation under EU Regulation. Air-Delay's fee is €180 including VAT, and the passenger receives €420, subject to minor exchange rate differences.
*Amounts paid to the passenger may vary minimally due to fluctuating EUR exchange rates.

Fee for cases handled in court:
Claims entitled to €200 compensation under EU Regulation. Air-Delay's fee is €80 including VAT, and the passenger receives €120, subject to minor exchange rate differences.
Claims entitled to €250 compensation under EU Regulation. Air-Delay's fee is €100 including VAT, and the passenger receives €150, subject to minor exchange rate differences.
Claims entitled to €300 compensation under EU Regulation. Air-Delay's fee is €120 including VAT, and the passenger receives €180, subject to minor exchange rate differences.
Claims entitled to €400 compensation under EU Regulation. Air-Delay's fee is €160 including VAT, and the passenger receives €240, subject to minor exchange rate differences.
Claims entitled to €600 compensation under EU Regulation. Air-Delay's fee is €240 including VAT, and the passenger receives €360, subject to minor exchange rate differences.
*Amounts paid to the passenger may vary minimally due to fluctuating EUR exchange rates.

6.8 For refunds of costs for original flight tickets or expenses (new flight tickets, hotel, food, etc.), Air-Delay's fee is a fixed price determined at the time of creation, corresponding to 30% including VAT of the total paid compensation. This fixed price remains the same both out of court and in court.

6.9 If a customer wishes to close their case after the expiry of the 14-day cancellation period and before Air-Delay has had the opportunity to complete the case, Air-Delay is entitled to receive a fee in accordance with the tables above, as if the case had been won. This is because the customer, by closing the case prematurely, has deprived Air-Delay of the opportunity to complete the case. The provision applies correspondingly to closure of a case pursuant to section 3.5.

6.10 If compensation, refund or any other amount relating to the Claim is paid wholly or partly directly to the user or passenger by the airline or a third party, this does not exempt the user from the payment obligation towards Air-Delay. Air-Delay is in such cases entitled to charge a fee in accordance with these terms and conditions.

7. Instant Payment / Payment Guarantee In special cases, an instant transfer from Air-Delay to customers may be offered for cases that have not yet been won. The size of this amount depends on the given case and will always appear in the offer. This offer is sent with the aim of giving customers the opportunity to receive their money before the claim is won. The submitted offer can be freely accepted or rejected by the customer. By accepting an offer of an instant transfer, the customer commits to continuing to provide requested material that enables completion of the case after the customer has received their money.

8. Data

8.1 The data that Air-Delay collects from the user upon the user's creation of a case is registered in our system. These data will be treated confidentially, and thus exclusively accessible to the user themselves and the database administrators at Air-Delay. Air-Delay collects and stores the user's information entered upon registration with Air-Delay for the purpose of being able to administer the use of Air-Delay as well as possible. The user's personal data is registered with Air-Delay and stored for statutory reasons for five years. When personal data is collected via Air-Delay, it always occurs upon the user's express consent, so that the user is informed of exactly what information is collected and why. Air-Delay does not store or transmit user information encrypted. The personal data provided to Air-Delay is not in any way passed on or sold to third parties, and Air-Delay does not register sensitive personal data unless the user has expressly given their consent.

8.2 When the user is registered with Air-Delay, the user always has the right to object to the registration, and the user has the option at any time to contact Air-Delay and request information about what data Air-Delay has registered about the user. Enquiries in this connection should be directed to Air-Delay via support@air-delay.com. Air-Delay's actions and handling of data are in accordance with the Personal Data Act as data controller with regard to the information that the user enters in connection with the creation of a case with Air-Delay. The user is data controller with regard to the information that the user provides in connection with completing forms on Air-Delay's website. Air-Delay is data processor with regard to the information in the forms.

8.3 Travel Help ApS operates Air-Delay and handles both the technical operation and maintenance of Air-Delay and is thus data processor for Air-Delay. By accepting these terms and conditions for the use of Air-Delay, the user accepts that Travel Help ApS collects, transfers, stores and uses the personal information the user has provided on servers administered and/or owned by Air-Delay. The processing of the user's information takes place in accordance with the Personal Data Act. By accepting Air-Delay's terms and conditions, the user has declared agreement with and accepted the following: All provided information can be passed on by Air-Delay to all service providers collaborating with Air-Delay. Air-Delay is authorised to follow up on the user's specific request. The user consents to the service providers being entitled to check the information provided by the user against the civil registration system to ensure that the identity information provided by the user has been stated correctly. Upon registration with Air-Delay, the user may approve that Air-Delay and service providers may contact the user with information and marketing material by email. However, the user can always easily and without cost subscribe or unsubscribe from receiving such emails. Air-Delay also uses the user's email address to send important information regarding changes to these terms and conditions, operational information, new or changed features on Air-Delay, etc. The user's contact information is not passed on or sold to third parties. The information the user provides in the forms is necessary for Air-Delay to be able to make the user an offer. Air-Delay does not track your activities on Air-Delay and does not collect data that can be used to create personal profiles.

9. Consumer's Right of Withdrawal It is possible to cancel this contract within a period of 14 days without needing to state any reason. The cancellation period runs for 14 days from the date of conclusion of the contract (upon signing of the agreement), however no earlier than the time when you have received the associated cancellation policy.
To exercise your right of withdrawal, you must send an email to the following address including your case number:
"support@air-delay.com"
and at the same time you must provide an unambiguous declaration of your decision to cancel this contract. You have the option, but are not obliged, to use the enclosed cancellation form (see below).
You are considered to have complied with the cancellation deadline if your cancellation notice is sent before the expiry of this period.
If the case has been initiated and you have therefore made use of our services during the cancellation period, you are required to pay Air-Delay an appropriate fee. This fee shall be in accordance with the scope of the services provided up to the date on which you notified us that you are exercising your right to cancel the concluded contract in relation to the total services covered by the contract.
Please note:
That the right of withdrawal expires earlier if we have completed the recovery of the claim and thus completed the delivery of our service, and this delivery commenced after your express consent and after you confirmed before delivery of the service that you were aware that full performance of the contract would result in loss of the right of withdrawal.
Example cancellation form:
"I hereby wish to exercise my right of withdrawal for the following service:
Case number:
Full name:"