FlightHelp - Terms & Conditions

Terms & conditions

Definitions:

Contract: The document (also called "contract" or "assignment") that the Client will sign in order to assign to WYNN CAPITAL MANAGEMENT SRL (WCM) all rights in connection with the request for compensation to which the Client is entitled, according to the law and mentioned in the contents of the contract with the application of these Terms and Conditions. The form and content of this document will vary to meet the requirements of any applicable law and relevant jurisdiction. This document will exclusively regulate the legal relationship between the Client and WCM.
Price: The price paid by WCM to the Client for the completed assignment, in the agreed manner.
WYNN CAPITAL MANAGEMENT SRL (WCM): WYNN CAPITAL MANAGEMENT SRL (WCM): is a company registered in Romania, a member state of the EU. The identification data are: Name: Wynn Capital Management SRL; Registered office: Romania, Dolj, Mun. Craiova, Parângului str., no. 72A; Unique Registration Code: RO 47078863; Order number in the Trade Register: J16/2956/2022; Bank Account: RO35INGB0000999913038730 ING Bank; Web: www.flighthelp.eu; Email: support@flighthelp.center; Phone: +40786299184
Regulation 261/04: Regulation (EC) no. 261/2004 of the European Parliament and of the Council of February 11, 2004 establishing common rules for compensation and assistance to passengers in the event of denied boarding and cancellation or prolonged delay of flights and repealing Regulation (EEC) no. 295/91, which can be consulted at www.eur-lex.eu
Customer: Any person who concludes the assignment contract with WCM under the conditions shown above and who, therefore, agrees with these Terms.
Indemnities (compensations): represent the entire amount that an airline owes to the Customer following the occurrence of any article in Reg. 261/04. Its payment will be made, subject to the approval of the request by the airline or obtaining a final court decision in this regard, in accordance with the contract and these Terms.
Claim any claim for compensation or reimbursement arising under the Air Passenger Rights Regulations, so long as any such claim is referred to in these terms as a Claim.
Legal Action ("legal proceedings"): legal proceedings undertaken by WCM by submitting a claim to the courts, in order to compel the airline to grant the requested compensation.
Price List: the section of our website attached to these Terms and also indicated in the contract, which indicates how the assignment price is calculated, accepted currencies, payment methods and any fees charged.
Indemnity Claim: The application submitted by WCM to obtain indemnification from the Airline in accordance with these Terms.

Applicability:These terms and conditions, together with any other provisions contained on our website, are applicable to the legal relationship between us and the Customers, as a result of their conclusion of assignment contracts through the specific section on our website www.flighthelp.eu. The legal relations that arise between natural persons and WCM as a result of the assignments concluded directly will be governed by the provisions of the contract signed on this occasion, which will be supplemented by the terms and conditions on the website, and its conditions may be different of those applicable to relationships that arise through the website.

Assignment contract:

On our website you can find all information regarding the rights of customers as airline passengers and the possibility of obtaining compensation from the airline.
When our Client decides to submit a request to WCM to assign rights in order to obtain compensation, he will have to provide the personal data specified in the request, including name, surname, home address, personal identification number, information about the flight for which compensation is requested. We specify that the personal data will be used exclusively to submit the request for compensation and will be provided to the lawyer exclusively for the purpose of filing the legal action, being necessary in this regard, as they are requested by the airline and/or the court . For details on how we store and use your personal data, please see our privacy policy.
The contract produces the specific effects that it provides, in accordance with the applicable legislation in force, namely Romanian legislation and Regulation 261/04.
The contract is signed by the Customer personally, through the integrated application that ensures the identification and certification of the applied signature. By signing in this way, the Client confirms that the signature has been personally executed and that he understands to give him all the legal effects arising from the agreement by signing a legal act, the simple proof of the signature in the integrated application, together with the Client's personal data and (then when he presented himself) by the copy of the identity document provided by him being sufficient evidence for the fact that the contract was given and respectively accepted. Once the Client has signed the contract, he automatically agrees to these Terms, which he has been informed about in advance by WCM representatives or which he has read on the website. The Customer also confirms that the data provided when signing the contract (phone number and/or e-mail, as the case may be) are his personal data and certifies his identity.
The entire legal relationship between the Client and WCM is governed by the contract and these Terms, with the mention that the Terms represent the general framework that is completed by the contract, but the Terms will not take precedence over them
Once the customer has signed the contract, they agree to any steps taken by WCM, including legal action, as well as the assignment price, according to the price list.
The customer declares that he has the necessary legal capacity to sign the contract, that he personally executed his signature on the contract through the integrated application and that he has the obligation to provide WCM with all the necessary information in order to request compensation and/or file legal actions, such as, but not limited to, identification data and ID card copy, flight data, boarding pass, seat reservation. If the customer does not provide WCM with all the information necessary to obtain or continue to process the claim, then WCM is exempted from any liability to the customer in respect of the amounts that it could have obtained, as well as any obligation in this sense, the contract being terminated unilaterally, due to the Client's fault. In the case of false information provided by the Client or his bad faith, WCM has the right to immediately terminate the Contract, and the Client has no right to request compensation, and WCM is not obliged to continue the procedure for collecting compensation.
The customer declares that, by assigning to WCM the rights regarding the compensation, it will concern only the compensations established in accordance with EC Regulation no. 261/04. Any other offers from the airline that do not meet these requirements will be considered as non-payment by the airline, against which WCM will continue to take the necessary steps to obtain compensation.
The Customer declares that it will not have any other agreement, with any other private or public person, regarding the compensation due and that it will not accept any offer from the airline without the prior written consent of WCM, otherwise remaining bound to pay damages to WCM equal to the value of the percentage it could have withheld from the compensation due, depending on its stage, according to the provisions of the contract
Once the customer has concluded the contract, he will not be able to follow up and handle the compensation complaint with the help of another party or personally. If there is such an agreement before the contract is signed, it must first be terminated/cancelled and evidence of this must be provided before the contract is signed.
If the airline operating the flight referred to in the claim for compensation fails to pay the compensation within a reasonable time specified by WCM in the notice to it, WCM shall have the right to employ any lawyer it deems fit to initiate legal action in before the courts. In this situation, WCM will advance the legal expenses incurred.
In the event that the airline does not pay the compensation and a decision is taken by WCM to start legal proceedings, then the customer agrees that WCM will allow the lawyer access to all data communicated to WCM and allow him to transfer information regarding case progression to WCM. If the competent court requests additional distinct documents, the client undertakes to provide them or sign additional documents, acknowledging the fact that, otherwise, legal proceedings cannot be successfully initiated and the fact that the right to receive the assignment price will be lost, without being able to claim any compensation from WCM, a situation in which the contract may be terminated, unilaterally, as a result of the Customer's fault, with the latter's obligation to pay compensation equivalent to the legal expenses advanced by WCM and additionally the counter value the percentage that it could have withheld from the compensation due, depending on its stage, according to the provisions of the contract.
The Customer accepts that any obligation of WCM arising from the contract shall only be fulfilled after a preliminary verification of the eligibility of the claim for compensation has been completed. This verification will be completed by WCM after taking over the contract, taking into account the mentions included by the customer in it. If WCM considers, after verifying eligibility, that the claim for compensation does not apparently meet the substantiation conditions provided by law, then it will not undertake any further steps to obtain compensation; in this case, the Customer will accept that it cannot have any kind of claim against WCM. The conclusion reached by WCM following the preliminary eligibility check does not supersede the agreement of the Airline/Carrier to pay the compensation and does not establish any obligation for WCM to pay the compensation. For the purposes of this paragraph, the contract will enter into force only after the preliminary verification of the eligibility of the claim for compensation. The customer accepts that the decision on the eligibility of the claim made either at the initial stage, to the airline or as a legal action, belongs to and will be made exclusively by WCM. The Customer shall have no claim against (nor owe any money to) WCM in the event that proceedings to obtain compensation are not commenced or continued, either directly with the Company or through the courts.
If the customer requests the termination of the contract after the initiation of the legal action, he will owe WCM the equivalent of the costs related to this action (including, but not limited to: attorney's fees, stamp duties, translation fees, etc.).
If in the contract, the Client has mentioned several persons and/or reservation numbers for which he is requesting compensation, then the Client expressly declares that he is authorized to act on behalf of these persons, disclose their personal data and collect the price assignment on their behalf, the Client having the obligation to distribute the amounts owed to these persons. For this purpose, the Client declares that it agrees to provide WCM or third parties with any additional document that can prove the mandate given by the persons concerned, otherwise the Client agrees that it cannot collect the assignment price, in accordance with the law.
The customer undertakes not to take any action likely to damage the image and/or non-proprietary rights of WCM (including but not limited to sending messages or publishing disparaging posts on social networks), exercised beyond normal limits of freedom of expression. In case of breach of this obligation, WCM has the right to unilaterally terminate the contract, based on a simple notification sent to the Client, without court intervention or other formality, and also with the Client's obligation to pay all amounts advanced by WCM up to that date in order to obtaining compensation (including, but not limited to: attorney's fees and other fees) as well as compensation for the damage caused.
In all situations of termination of the contract as a result of the client's request or his fault (including, but not limited to: the request to renounce the contract after the term of 14 days from its conclusion, the lack of an answer or the refusal to present the additional data requested by the court or WCM or to sign the documents requested by them, etc.), the Client will owe WCM all the costs advanced by it in the legal proceedings (stamp duty, lawyer's fee, postal fees, etc.) and , additionally, as compensation, the value of the percentage that it could have withheld from the compensation due, depending on its stage, according to the provisions of the contract.

Price and Payment Methods:

Information and advisory services on passenger rights, in accordance with Regulation 261/04, are provided free of charge by WCM to any air passenger who wishes to benefit from them.
For assignment contracts, WCM will pay the assignment price according to the terms of the contract and the "Price list" section. The price will be paid only if compensation is obtained from the airline.
Based on the given assignment contract, the Client agrees that the compensation for the flight will be paid in full by the airline to WCM's bank account, the latter being its owner. The transfer price will be determined by deducting from the amount representing the compensation paid by the airline (without taking into account legal costs and possible legal interest, the parties accepting that these are due exclusively to WCM) the percentage of 35% or 50%, as the case may be, to which VAT is added according to the legislation in force. In the event that no amount of money is obtained from the airline, WCM will not owe an assignment price, which is due within 15 working days from the date of effective collection of the amounts by WCM from the airline. Withholding the percentage and other expenses incurred, WCM will transfer the difference to the Client, in the bank account mentioned by him, as the transfer price. If the Customer does not adequately share the required personal data, then WCM will withhold the full amount received from the airline for the Customer, until the Customer provides the necessary information to pay the difference, but not more than 90 days from the date requests for this information by WCM on the communication channels indicated by the Client. The lack of transmission of the necessary information for payment within the indicated 90-day period represents a tacit manifestation of the Client's will in the sense of renouncing any sums obtained from the airline as a result of WCM's actions, which will be fully returned to WCM. For the entire period in which the Client does not provide WCM with the necessary data for the transfer of the due amount, the Client authorizes WCM to carry out any kind of operations involving the amount of money due to him (including bank transfers, interest collections, etc.), following that all the civil fruits resulting from these operations to return to WCM definitively.
WCM will redirect to the Customer, from the amount received from the airline, only the amount established according to these provisions and the contract, any other additional amounts (by way of expenses or any other title) paid by the airline, will go back to WCM.
After WCM has paid the assignment price, when it is due, the Client will have no further claim, of any nature, against WCM, based on the execution of the contract.
If the Customer receives compensation or other amounts directly from the airline after signing the agreement, he must immediately inform WCM about this and pay the Price within five days after receiving the compensation.
The Customer cannot claim to receive interest for the time period between the payment made by the airline and the payment of the agreed amount by WCM to the Customer. WCM also has the right to retain any interest recovered from the airline.
WCM cannot be held liable for any damages claimed by the Customer due to incorrect information provided by him regarding bank account, address, name and other similar information, damages such as payment to a person other than the Customer, but without to be limited to these. In these situations, WCM is under no obligation to take any action to recover the amount from the person to whom it was paid.
WCM cannot be held responsible for bank commissions or fees applied to bank transactions regarding compensation or the price paid, which determine the reduction of the amounts in question, these being borne by the Customer. At the same time, the Client is informed of the fact that, upon payment of the compensation due, some airlines may withhold certain fees and/or commissions (such as taxes, duties, processing fees, but not limited to these), in in accordance with their policy and applicable law in the state in which they are registered, so that the final amount collected as compensation will be less than that stated by the applicable legal provisions and will not be entitled to make claims regarding the amounts withheld under this title.
The parties agree to remove their liability in the event of force majeure events, as defined in Romanian law and in the event that force majeure is proven, according to this law.

Personal Data Protection:

All personal data that the Client will provide to WCM will be used only by WCM to provide the necessary information and advice, as well as to submit the request for compensation and to manage it, including in the case of the formulation of the action in court (communication to the lawyer). This action will be completed in accordance with Reg. EU no. 679/2016, and the Client agrees to the use of his data for this purpose.
The customer must provide WCM with his personal data necessary for filing claims for compensation, in order to use his data in accordance with the terms of the agreement. WCM will ensure that all such sensitive information will be handled appropriately and will only be provided to third parties involved in the process of completing and managing the claim, in the following circumstances:
1. If the customer has given his consent
2. Intended to facilitate the pursuit of customer compensation
3. In order to generate relevant documents for the Client's interest, in order to obtain compensation.
4. If they are required to comply with certain legal provisions;
The customer is solely responsible for disclosing to WCM the personal data of other persons mentioned by them in the claim for compensation, at the same time declaring that it has their consent for the use of the data for this purpose.
These provisions are supplemented by those of the privacy policy.

Right to Withdraw from the Contract:

In accordance with Romanian and European laws and regulations regarding legal acts, as a consumer, you will have the right to withdraw from the Contract.
Without being obliged to communicate a reason, the customer has the right to withdraw from the contract within 14 days of signing it. For the withdrawal to take effect, the customer must inform WCM of his intention, in writing, within 14 days of signing the contract, but before the time when the airline communicated its agreement to pay the necessary compensation to the customer , based on the representation contract. If the right of withdrawal is exercised after the time when the airline communicated its acceptance to pay the necessary compensation for the Customer, then WCM will withhold the equivalent of the percentage that it could have withheld from the compensation due, depending on its stage , according to the provisions of the contract as well as advanced legal expenses. Also, on the date of withdrawal from the contract, the Customer must pay WCM all the expenses incurred in order to manage his request and accepts that the possible formulation by WCM of a revocation of the claim for compensation to the airline is subject to the acceptance of the airline.

Final Provisions

In the event that any of the provisions of these Terms is invalid or loses its legal applicability, all their other provisions will remain in force.
These Terms will be interpreted only in accordance with the meaning they have in the Romanian language.

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