Terms and Conditions

Unless the context of the General Terms and Conditions requires otherwise, the capitalised terms used in these Terms and Conditions (“T&C”), shall have the meanings indicated below: 

“Agreement”: An agreement between the client and Aireclaim, formed upon the client’s acceptance of the Terms. For the provision of Legal Assistance Services, the Agreement is considered valid once the client has signed the Assignment Form, in addition to accepting these Terms.

“Aireclaim”: means a legal entity (Albuquerque Sousa, Aguiar & Sousa Lda, legal registration PT513645489), headquarted in R. Paulo da Gama 629  4150-589 Porto – Portugal, with office email geral@aireclaim.com.

“Air Passenger Rights Regulation”: Any law, regulation, directive, or similar, issued at the state, EU, federal, national, or regional level, which establishes rules for monetary compensation, indemnification, or reimbursement of passengers in cases of overbooked, delayed, or cancelled flights.

“Assignment Form”: shall mean the agreement between the Client and Aireclaim that is concluded after the Client got acquainted with and accepted T&C, which is signed by electronic means or in writing.  Under this Agreement you give us exclusive and irrevocable authorization to initiate and fulfil a claim based on your rights as set by Regulation (EC) 261/2004 of the European Parliament and of the Council and related rulings and to undertake all necessary actions including to delegate or transfer, to receive payments and to process, request or supply personal data if necessary, though exclusively with the related entities and only for this purpose.

“Client(s)”: Means a person that has signed the Assignment Form, accepted T&C and is seeking flight compensation

“Compensation”: The total amount of money paid by an airline for a request, as compensation, out-of-court settlement, goodwill gesture, or otherwise, transferred to the client or to Aireclaim after the client has accepted the Terms.

“Information Service”: The provision of flight-related information by Aireclaim, including details about airlines, airports, air passenger rights, consumer protection laws, and other travel-related information. The information will be relevant to the client’s travels and may also include broader context, such as airport or airline rankings or updates on changes in air passenger rights. The information will be provided through electronic communications, including email, personalised electronic billboards, websites controlled by Aireclaim, or mobile applications.

“Litigation”: If the airline fails to provide a response within two months, or if its response is deemed unsatisfactory upon internal assessment, the claim shall proceed to litigation. Aireclaim reserves the exclusive right to determine the most suitable course of action without obligation to justify its decisions, though the client will be kept informed throughout the process. Due to the significant time and resources required during litigation, an additional success-based fee of 20% shall apply, payable only in the event of a successful outcome. The client’s presence in court will not be required; however, cooperation shall be expected in the form of any documents, information, or evidence necessary to support the proceedings. 

“Price List”: The annex attached to these Terms, specifying the accepted currencies, payment methods, and all fees charged by Aireclaim.

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

“Claim” refers to any financial compensation claim made against an airline under the Regulation (EC) No 261/2004 of the European Parliament. .

“Privacy and Data Protection Requirements” refer to all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice (if any) issued by the relevant supervisory authorities, and the equivalent of any of the foregoing in any relevant jurisdiction.

The aforementioned definitions shall be used upon concluding and performing any document or transaction connected with T&C.

Article 1. Assignment Form

1.1.  The Client accepts T&C (the Assignment Form) which is considered as the basis of any other documents to be concluded between the Client and Aireclaim by free will.

1.2. Aireclaim uses an online authentication service for advanced electronic signatures complying with requirements set forth in Article 26 of the Electronic Identification Regulation that is internationally recognised and accepted even by courts, so the Client does not have to print, sign and return the Assignment Form by registered mail.

1.3.  By entering into an Agreement, the Client confirms that he (she) is authorized and has legal capacity to sign documents binding both Aireclaim and the Client or, if applicable, has a right to sign on behalf of another person (e.g. a child).

1.4. The Client undertakes to provide Aireclaim with all data and/or information that is required for the collection of the Flight Compensation from the flight operating carrier.

1.5. Aireclaim shall be entitled to accept only Flight Compensations, and no travel vouchers and/or other services that may be offered by the flight operating carrier shall be accepted.

1.6. The Client guarantees that the compensation has not been transferred to third parties and that no legal dispute between the customer and the airline on the same matter is pending or will be pending.

1.7. After signing the Assignment Form, the customer is required to cease negotiations with the respective airline and direct any contact from the airline to Aireclaim to ensure that Aireclaim achieves the best possible result.

1.8. The Client confirms and declares that T&C are a direct proof and expression of true will and to be respected by flight operating carriers. The Client agrees with Aireclaim that all Flight Compensation payments made by operating carriers under Aireclaim Claims should be made directly to the bank accounts owned by Aireclaim or other bank accounts as agreed by Aireclaim and the Client.

1.9. The Client also agrees that Aireclaim will assist him in the exercise of his right to defend him in the collection of the Flight Compensation.

1.10. In the event that the customer receives direct payments or any other compensation from the respective airline after the conclusion of the agreement, the customer is obliged to inform Aireclaim about this without delay. These payments are considered compensation and give Aireclaim the right to claim the service fee and the litigation fee if Aireclaim has filed a lawsuit before the respective customer has received payment from the respective airline.

Article 2: Description of Legal Assistance Service

2.1 Aireclaim submits the customer’s compensation claim to the airline operating the flight, based on Regulation 261/2004 or any other applicable air passenger rights regulations for the customer’s specific flight.

2.2 Flight data and information can be sent to Aireclaim through the website, email or phone.

2.3 To proceed with the claim, Aireclaim requires the client to sign the Assignment Form, which can be submitted to Aireclaim via the web form, email, or post. Once the Assignment Form is received, Aireclaim will act in its own name and on its own behalf to pursue the assigned claim from the airline.

2.4 If settlement agreement with a flight operating carrier is not reached regarding the Claim or in other cases, when, in Aireclaim´s opinion, Flight Compensation recovery process would be more effective and (or) quicker, Aireclaim is entitled to pursue legal action, which will result in the increase of the part of the Flight Compensation belonging to Aireclaim, as specified in the Price List.

2.5 If a contracted legal representative is involved in litigation, the client agrees to grant Aireclaim permission to provide the legal representative with access to all relevant case information and allow the legal representative to inform Aireclaim of case progress. Should the court require authentication certificates, powers of attorney, self-declarations, Assignment Forms, or other documentation, the client agrees to sign these. If the client has already signed an Assignment Form, it is agreed that the claim is automatically transferred back to the client prior to the signing of any such additional documents.

2.6  If Aireclaim or its contracted legal representative determines that the claim does not have sufficient merit, the case will be closed. The client will be informed accordingly.

2.7 If Aireclaim or the contracted legal representative initiates legal proceedings, Aireclaim will cover costs incurred if the lawsuit is lost. However, if the lawsuit is successful or a settlement is reached, Aireclaim will cover any costs not reimbursed by the airline.

2.8. The Client acknowledges that the Claim handling may take considerable time and that Aireclaim cannot influence how quickly the Claim can be asserted.

Article 3: Fees and Payments

3.1 Aireclaim offers legal assistance free of charge, except when Aireclaim successfully collects compensation. If the claim is successful, Aireclaim will transfer the agreed portion of the compensation to the client, subject to applicable fees as outlined in the price list.

3.2 The agreed portion of the compensation will be paid to the client according to the options specified in the price list.

3.3  If the client has provided incorrect or insufficient information necessary for the payment of compensation, and the payment is returned to Aireclaim, and the client fails to respond after several notifications and reasonable efforts from Aireclaim to reach the client via other means (other than the email provided), Aireclaim has the right to retain the portion of compensation that would have been transferred to the client.

3.4 Once Aireclaim has paid the agreed compensation based on the instructions and payment method selected by the client, Aireclaim is not responsible for:

 i) Issues with checks, prepaid debit cards, credit cards, or other losses during transit to the client.

 ii) Any consequences resulting from the client providing incorrect bank account details, an incorrect address, or similar errors, including but not limited to compensation being paid to the wrong recipient. If compensation is paid to the wrong recipient due to the client’s mistake, Aireclaim is not obligated to recover it actively.

3.5 Interest cannot be claimed for the period between the receipt and payment of compensation. Aireclaim reserves the right to retain any interest recovered from the airline.

3.6 Aireclaim is not responsible for any compensation, damages, or related claims if it is unable to transfer the payment to the client due to an event beyond its reasonable control, including but not limited to strikes, labor disputes, natural disasters, war, riots, civil unrest, intentional sabotage, compliance with laws or government orders, regulations, provisions, or instructions, accidents, plant or machinery failures, fires, floods, or storms.

3.7. As the registered office of Aireclaim is located in Portugal, the amount of value added tax (VAT) (if applicable) to be paid is stipulated by the laws of Portugal in accordance with the legally stipulated rate.

3.8. For the accounts in the Single Euro Payments Area (SEPA), all payments will be sent to the account via bank transfer. When making an international transfer to the Client, all bank fees are deducted from the Client‘s part of the Flight Compensation.

3.9. To save banking costs, in case of shared booking or in other cases (e.g., parents get paid for children), Aireclaim shall transfer all payments to a single account if the Client permits Aireclaim to do so or one account is specified while submitting data to Aireclaim. A person, which received money for other persons, is obliged to settle with them, and, in such case, Aireclaim does not take the risk of non-payment.

3.10 Flight Compensation and any other payments will only be made by Aireclaim to the final beneficiaries who are entitled to claim the Flight Compensation. Aireclaim will not make any payments to intermediaries, agencies, representatives, or other third parties unless they provide specific written documentation that clearly and unambiguously confirms their authority to accept payments on behalf of the final beneficiary. In cases where there is any uncertainty regarding the right to receive payments, Aireclaim reserves the right to request additional proof to verify the authority to accept payments on behalf of the final beneficiary and may, at its discretion, refuse to make direct payments to such individuals.

3.11 If the Client receives any payment or any other type of Flight Compensation, e.g. flight voucher, from the flight operating carrier after engaging Aireclaim´s services, the Client is obligated to inform Aireclaim immediately. In such case, the Client shall be obliged to pay Aireclaim the remuneration, indicated in the Price List, in 10 (ten) days from the day the Flight Compensation is received from the flight operating carrier to the bank account provided on Aireclaim´s website or any other bank account provided by Aireclaim in a written form.

Article 4: Personal Data Protection

4.1. The Client warrants that data and information provided by the Client to Aireclaim in relation to the Claim is correct, complete, true and not misleading. The Client shall keep Aireclaim indemnified for any claims which arose due to incorrect information provided by the Client and/or lack of cooperation or improper cooperation by the Client.

4.2 Aireclaim may also collect personal data for additional purposes, such as statistical analysis, administration, communication, IT management and security, physical security, authentication and authorization processes, support systems, internal project and team coordination, and organizational activities. All personal data is collected in compliance with the General Data Protection Regulation, Regulation (EU) 2016/679 (see Privacy Statement).

4.3 The Client provides Aireclaim with personal data in accordance with the General Data Protection Regulation or other relevant data protection laws, granting explicit consent for the processing and use of this data within the context of the Agreement. Aireclaim will share personal data with third parties only under the following circumstances:

 i) if the client has given their consent;

 ii) if it is necessary for a purpose directly linked to the initial reason for which the personal data was collected;

 iii) if it is required for the preparation, negotiation, and execution of the agreement with the client;

 iv) if required by a legal obligation, administrative, or court order;

 v) if necessary to establish or defend legal claims or in response to legal actions;

 vi) if required to prevent misuse or other illegal activities, such as deliberate attacks, to ensure data protection.

As part of the contractual relationship established under these Terms, Aireclaim may, from time to time, send service-related communications to the Client using the contact details provided, including by email. These communications may include information about other potential claims the Client may be entitled to pursue under applicable air passenger rights regulations, based on Aireclaim’s analysis of past case data or publicly available flight information.

Such messages are intended solely to assist the Client in exercising their legal rights and are considered to fall within the scope of Aireclaim’s legitimate interest in providing relevant and related services.

The Client may opt out of receiving these communications at any time by clicking the unsubscribe link included in each message or by contacting Aireclaim at geral@aireclaim.com.

Article 5: Right of withdrawal

5.1. The contractual relationship between the parties ends, when the Agreement is fully performed, i.e. the payment under the Agreement is fully performed.

5.2 If you qualify as a consumer under EU consumer regulations, i.e. you are a natural person who undertakes a legal transaction for a purpose that is neither commercial nor an independent professional activity, you have a statutory right of withdrawal.

5.3 The Agreement is terminated immediately:

– when Aireclaim considers that the Claim may not be successful after conducting an in-depth review of the Claim and the Client is informed regarding such decision; or

– in case of incorrect data/information and fraudulent conduct by the Client upon decision by Aireclaim; or

– if within 14 (fourteen) days since the conclusion of the Agreement, the Client, who is a consumer, submits a withdrawal notice by email. The right to terminate the Agreement on this ground ends prematurely if the Agreement is fully performed until the expiration of the above-mentioned time limit.

5.4 You can withdraw your acceptance of our agreement within 14 days of its conclusion (e.g., by letter, email) without needing to explain the reasons. To exercise your right of withdrawal, it must be communicated within the above-mentioned 14-day period and must clearly state that you wish to withdraw from the agreement. Due to the nature of the service provided, you cannot withdraw from our Agreement in case you have been informed by us that the airline in question has accepted the claim, as in this case we have provided the service you requested. The withdrawal can be sent to our email geral@aireclaim.com

6. Final Provisions

6.1. Aireclaim is authorized to alter T&C and set forth additional conditions at any time and without notice, however shall put efforts for the Client to be updated with any such alterations. If any such alterations are negative from the Client’s perspective, the Client shall have to approve such alterations in order for amended T&C to be applied to the respective Client.

6.2. The laws of the Republic of Portugal apply to the T&C, the Agreement and/or any other document concluded in relation to the T&C and the Agreement, except if otherwise agreed in the specific document. The Client (consumer) is also entitled to claim protection under mandatory provisions provided by the laws of the country where the Client (consumer) resides.

6.3. Aireclaim will use the Client’s and, if applicable, its employees’ personal data exclusively for enforcing the Claim. Any and all information regarding the extent and form of data collection, storage and usage of personal data can be found in Aireclaim´s privacy policy.

6.4. In the case the Client is a legal entity, it warrants and represents that:

– the personal data provided by such to Aireclaim has been collected and is to be provided to Aireclaim at all times in accordance with the Privacy and Data Protection Requirements;

– for the purposes of this Agreement Aireclaim will be acting as a data processor, rather than as a data controller (as they are understood under the Privacy and Data Protection Requirements), in respect of all such data processing activities which Aireclaim may carry out under this Agreement.

6.5 If any provision of T&C is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the other provisions of T&C will remain in full force and effect. Any provision of T&C held to be illegal, invalid or unenforceable only in part, or to a certain degree, will remain in full force and effect to the extent that it is not held illegal, invalid or unenforceable. Aireclaim will amend T&C by replacing such illegal, invalid or unenforceable provisions with legal, valid and enforceable provisions that would produce the result as close as possible to the intentions of Aireclaim and the Client. Aireclaim will put all its efforts into ensuring the implementation of all the provisions hereof.

6.6 Aireclaim is authorized to modify these Terms and the price list and to set additional conditions at any time and without notification. However, changes with a negative effect on the client will not apply to the client, except where the client accepts these new changes.

6.7 Where national laws restrict or prohibit the assignment of claims, Aireclaim will act in cooperation with local legal representatives in accordance with applicable local regulations.

6.8 The rights and obligations related wholly or partly to any claim filed may be transferred without restriction by Aireclaim to any entity within the Aireclaim group of companies and by Aireclaim to third parties.

Annex No 1 – Price List

1. The Price List is published at here