AirHelp's General Terms of Service and Conditions of Use

1. USE AND NATURE OF OUR SERVICES

Use of our Services 

1. By accepting these Terms and using our Services you affirm you are a natural person over the age of legal majority in your country of residence who can enter into legally binding agreements under applicable law.

   Nature of our Services

2. The AirHelp Group provides services to help passengers manage the impact of travel disruption. These services may change from time to time and include, but are not limited to, enforcing air passengers' rights (including, but not limited to, claiming compensation) arising from delayed or canceled flights, and/or other related issues. AirHelp pursues Claims as assignee of your rights under an Assignment Agreement, or in exceptional circumstances, as your authorized representative under an Authority Document or Power of Attorney.

3. AirHelp is not a law firm and does not provide legal advice, legal representation, or legal services to you. Where you have assigned your Claim to AirHelp, AirHelp acts as its legal owner, not as your representative or agent. This also applies where AirHelp acts under an Authority Document or Power of Attorney. In either case, AirHelp may engage licensed lawyers at its own initiative and cost; those lawyers act for AirHelp, not for you, and no direct attorney-client relationship is created between you and any lawyer so engaged.

4. If you have purchased an insurance product through AirHelp, AirHelp operates as a registered insurance agent in accordance with German regulation. AirHelp does not act as a risk bearer itself, but only assumes a function as an intermediary.

2. DEFINITIONS

In these Terms, the following defined terms shall have the meanings stated below:

1. “AH Signature” means a signature captured electronically via AirHelp's signature tool, which produces an identifiable, personally characteristic signature that is: (i) drawn by the Customer's own hand on a touchscreen or equivalent input device, and (ii) accompanied by a timestamps, IP address, device fingerprint, and AirHelp's Electronic Signature Certificate ('Certificate of Completion').

2. “AirHelp” means AirHelp Germany GmbH, a company based in Germany with its registered office at c/o WeWork, Warschauer Platz 11-13, 10245 Berlin, Germany (Registered Court: Local Court of Charlottenburg, HRB 196015 B | Registered debt collection service provider according to §10 par. 1 No. 1 RDG Germany).

3. “AirHelp Group” means any entity that is, directly or indirectly, controlled by AirHelp or which controls AirHelp, whether through the ownership of share capital and/or voting securities, by contract, or otherwise.

4. “AirHelp+” or “AirHelp Plus” is a membership which gives Members access to one of the AirHelp+ plans described by the AirHelp+ Services Catalog.

5. “AirHelp+ Dashboard” means the members-only area accessed via my.airhelp.com, where AirHelp+ Members can check and manage their AirHelp+ Services. 

6. “AirHelp+ Member” or “Member” means a Customer who has purchased AirHelp+.

7. “AirHelp+ Services” means the services listed in the AirHelp+ Services Catalog, available to Members who have purchased AirHelp+.  

8. “AirHelp Third Party” means a person or entity under contract with AirHelp to assist in the provision of our Services either directly or indirectly to the Customer. 

9. “Airline” means the commercial airline that operated the flight for which our Services may be provided. 

10. “Air Passenger Rights Regulations” means any law, regulation, directive, international convention, or similar, whether issued on a state, federal, European Union, national, international, or regional level, and case law, upon which a consumer may claim monetary compensation, damages, or refunds in the event of overbooked, delayed, canceled, or otherwise disrupted flights or luggage-related issues. These may include, without limitation, general consumer protection laws, “EC 261”: Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated 11 February 2004; “UK 261”: The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019; Turkish “SHY” passenger regulation, Canadian Transportation Act: Air Passenger Protection Regulations, and “MC 99”: The Montreal Convention 1999.

11. “Assignment Agreement” means the standard document, in electronic or other format, requested by AirHelp on a case-by-case basis, whereby you and AirHelp agree that AirHelp shall become the owner of the Claim, subject to the terms of the Assignment Agreement, in order to collect and receive payments.

12. “Authority Document” means the exceptional document which authorizes AirHelp and/or an AirHelp Group Company or AirHelp Third Party to act on your behalf with regard to your Claim. The document may be in many shapes and forms, due to various jurisdictional requirements, including, but not limited to, a power of attorney or certificate of authorization.

13. “Claim” refers to a request for monetary compensation, damages, or refunds from an Airline or another responsible party, made under relevant laws, regulations, or as a result of the party’s goodwill.

14. “Compensation Service” means the service whereby AirHelp, either by itself or together with its Group and AirHelp Third Parties, pursues a Claim. This may include Legal Action.

15. “Customer” means you; the person who has accepted these Terms. The Customer may also be referred to as “Client”, or “Assignor” on some documents.

16. “Discretion” means that AirHelp has the right to make decisions with regards to the Claim and/or Extra Expenses. Our decisions are based on data, and are described further in section 4: How AirHelp makes decisions with regards to the Claim.

17. “Eligible Claim” means a Claim that AirHelp has assessed, at its sole discretion, and determined to be suitable for the provision of the Compensation Service.

18. “Eligibility Service” means the service provided by AirHelp to determine whether a Claim is an Eligible Claim. 

19. “Extra Expenses” means additional costs reasonably incurred by you as a direct result of the flight disruption covered by the Claim, including but not limited to, expenses for alternative transport, accommodation, meals, and refreshments.

20. “Flight Compensation” means the total amount of money, or other receivables (where accepted by AirHelp in its Discretion), paid by an Airline in relation to a Claim as compensation, refund, damages, settlement, a gesture of goodwill, or otherwise, to you or AirHelp as a result of the Compensation Services. For the avoidance of doubt, Flight Compensation does not include any payments or reimbursements of Legal Expenses, collection cost, interest, or similar, which have been pre-financed by AirHelp or result from AirHelp's intervention.

21. “Fellow Passenger” means any passenger who the Customer has included in the Form for receipt of Flight Compensation, such as a family member or passenger that traveled together with the Customer on the Airline. 

22. “Form” means the Assignment Form, Authority Document, power of attorney, or other documents which enable the AirHelp Group and AirHelp Third Parties to provide the Customer with our Services. AirHelp will determine which Form is the most appropriate on a Claim by Claim basis. 

23. “Goodwill Claim” is where AirHelp makes a request to the Airline, in absence of developed Air Passenger Rights Regulations, for Flight Compensation. The Flight Compensation for Goodwill Claims may be monetary or in kind, such as a flight voucher, fidelity points, or air miles.

24. “Information Service” means AirHelp's provision of flight information, airline information, airport information, other travel-related information, and information about air passenger rights under applicable Air Passenger Rights Regulations. The information may be either specific to the Customer’s flight or non-flight-specific general information. The information will be delivered through electronic communication, including email, a personalized dashboard, AirHelp controlled websites, or the Mobile App.

25. “Lawyer” means any attorney at law and/or law firm that AirHelp has contracted with for Legal Action or other legal services with regard to a Claim.

26. “Legal Action” means the preparation and filing of a Claim for judicial action, either by filing the Claim in court or before a government body, such as a national enforcement body (NEB), or handing over a Claim to a Lawyer, for presenting the Claim directly to the Airline or for judicial action, or moving the Claim from one jurisdiction to another.

27. “Legal Action Fee” means the fee listed in Our Fees that AirHelp charges you when you receive Flight Compensation for the provision of the Compensation Service that included Legal Action. The Legal Action Fee is paid in addition to the Service Fee.

28. “Legal Expenses” means all fees incurred by, paid by, or awarded to you or the AirHelp Group in furtherance of a Legal Action, including, but not limited to, attorneys fees, application fees, court and clerk costs, translation costs, bailiff’s costs, extrajudicial collection, or any other related fees and expenses.

29. “Membership Period” means the period of time when an AirHelp+ Member is entitled to use the AirHelp+ Services. For a yearly Member this is from the date and time of purchase for one full year, unless renewed. For a single booking this is from the date and time of purchase and continues for a limited time thereafter (as further described in these Terms) and is only applicable to the flight for which the Membership was purchased.

30. “Mobile App” refers to the software developed by AirHelp, designed for use on mobile devices such as smartphones and tablets, which enables passengers to use AirHelp and AirHelp+ services.

31. “Our Fees” means the fees and charges listed here specifying accepted currencies, methods of payment which are payable by you to AirHelp. In addition to Our Fees, AirHelp may be entitled to Legal Expenses from the Airline as described in these Terms.

32. “Reassignment Agreement” means the document confirming that your rights to pursue the Claim have been returned to you.

33. “Service Fee” means the fee listed in Our Fees that AirHelp charges you when you receive Flight Compensation following the provision of the Compensation Service. 

34. “Services” means any of our services, including, without limitation, the Eligibility Service, Compensation Service, Information Service, or AirHelp+ Services provided by AirHelp or an AirHelp Third Party to you in accordance with these Terms and any additional terms specific to the Services selected by you.

35. “Service Terms” means any AirHelp Service as listed in the respective Service Catalogue.

36. “Withdrawal” means the process set forth in the Withdrawal and Termination section by which the Customer withdraws from either the Compensation Service or the Membership or whereby AirHelp withdraws from the Compensation Service. 

37. “VAT” means any system of value added tax.

3. THE ELIGIBILITY AND INFORMATION SERVICES

Getting Started

1. After you have accepted these Terms, AirHelp will provide you the Eligibility Service and Information Service to determine whether AirHelp believes, in its sole Discretion, you have an Eligible Claim.

2. After you submit a Claim, AirHelp will create an account for you. Your account will remain active for as long as your Claim is ongoing and will be closed once your Claim has been fully settled or assessed as ineligible. You will be notified before your account is closed. All personal data associated with your account is processed in accordance with our Privacy Statement.

3. If AirHelp determines you have an Eligible Claim, AirHelp will provide you with the Assignment Agreement. By signing the Assignment Agreement, you transfer ownership of your Claim to AirHelp, which AirHelp will pursue in its own name.

4. In exceptional circumstances and if legally required AirHelp will provide you with an Authority Document and / or Power of Attorney instead of an Assignment Agreement. This applies only to specific jurisdictions where a credit assignment might be restricted or where applicable law requires AirHelp to act as your authorised representative rather than as owner of the claim. In such cases, AirHelp acts on your behalf as your explicitly authorised agent. AirHelp will notify you in writing if this applies to your Claim before you sign any document.

5. AirHelp determines the applicable Form before requesting your signature, based on an assessment of the legal requirements of the jurisdiction where the Claim will be enforced. This determination is communicated to you in writing prior to your signature and is binding on AirHelp.

6. In both cases, AirHelp may engage with lawyers, the airline or its representatives, and/or courts to obtain Flight Compensation.

7. Provision of the Information Service or Eligibility Service by AirHelp shall not constitute a binding offer to provide you with any other Services, including, without limitation, the Compensation Service.    

4. COMPENSATION SERVICE

Submitting the Form

1. Prior to commencing the Compensation Service, you will be required to:

   1. authorize your AH Signature on the Assignment Agreement which will specify that you:

      1. agree to receive the Compensation Service.

      2. assign the ownership of your claim to AirHelp.

      3. acknowledge that AirHelp will only claim Flight Compensation that is monetary, and that it is in AirHelp’s sole Discretion to accept travel vouchers and/or other services as Flight Compensation and that Airline offers for non-monetary compensation may be treated by AirHelp as an Airline’s refusal of Flight Compensation. 

      4. affirm that you are not pursuing the Claim by any other means either directly or through any other third parties and no legal dispute is directly or indirectly pending or expected between you and the Airline on the same matter.

      5. upon receipt of a signed Assignment Agreement, the ownership of the Claim is transferred. to AirHelp. AirHelp will afterwards prepare and send a payment request to the Airline and manage all subsequent correspondence in its own name and as the legal holder of the Claim. No representation, agency, or mandate relationship exists between AirHelp and you in this context.

      6. where AirHelp has determined that the Assignment Agreement might be unsuitable in the relevant jurisdiction, AirHelp will provide you with an Authority Document or Power of Attorney prior to commencing the Compensation Service. Upon receipt of such a signed document, AirHelp will act as your authorised representative before the Airline, lawyers, and/or courts, subject to the scope defined in that document.

2. If you have any existing engagement or assignments with regard to your Claim, you must cancel these immediately. 

3. If you have not done these steps, you will not receive the Compensation Service.

4. Upon receipt and review of the Form, AirHelp will confirm to you in writing, either by email or other written form, that AirHelp will commence the Compensation Service. AirHelp may decide, in its sole Discretion, whether to proceed with or reject the provision of the Compensation Service, or may request further information or documentation prior to commencement of the Compensation Service.

5. After submitting the Form, 

   1. you may not assign the Claim to any other party as the legal title to the Claim has been assigned to AirHelp. 

   2. you may not mandate or authorize another third party to act on your behalf concerning the same Claim.

6. If you receive any direct payments or any other compensation from the Airline after entering into the compensation agreement, you must advise AirHelp immediately. Such payments shall be considered Flight Compensation and entitle AirHelp to the Service Fee, and Legal Action Fee if Legal Action was taken by AirHelp prior to you having received payment from the Airline. 

7. After submitting the Form, you must cease negotiations with the Airline and direct any communication you have with the Airline regarding your Claim to AirHelp. 
   
   

   Reassignment
   

8. Upon termination or withdrawal, AirHelp will execute a new written transfer of the Claim back to the Customer ("Reassignment Agreement"). The Reassignment constitutes a separate new legal transaction whereby AirHelp, as current owner of the Claim, transfers it back to the Customer. The Customer acknowledges that during the period between the original Assignment and any Reassignment, AirHelp was at all times the sole legal owner of the Claim. The Reassignment constitutes an entirely new legal transfer as a consequence of withdrawal or termination. AirHelp will provide a separate Reassignment Agreement document for this purpose.
   
   

   Customer Representative

9. If you are acting as the representative or on behalf of a passenger or passengers, then you shall first obtain a power of attorney to act on their behalf and produce evidence of such upon request by AirHelp. For minor passengers, you shall provide their complete data, including: name, birthdate of the minor, the names and signatures of the custodians or legal guardians.
   
   

   Commencing the Compensation Services

10. Where AirHelp has notified you in writing as stated above, AirHelp will provide the Compensation Service with the intention of obtaining Flight Compensation.

11. You will provide AirHelp with all data or information that is required for the execution of the Compensation Service. You warrant that the data and information you provide is correct, complete, and true, and, where applicable, with the consent of Fellow Passengers. Flight data and information may be submitted to AirHelp via the website, Mobile App, email, other electronic or software solutions supported by AirHelp, or phone.

12. AirHelp may request that you provide additional information such as:

    1. passenger name, surname, email address, phone number, type of disruption (delay, canceled flight, or denied boarding/overbooking), reason for delay (if possible), length of delay, name of the Airline, flight number, date of the flight, place of departure and arrival, and description of incident.

    2. an additional Form which may be sent to AirHelp via the web form or any other electronic solutions supported by AirHelp, or using email, or postal service. 

13. You acknowledge that failure to provide AirHelp with any such information will negatively impact AirHelp’s ability to provide the Compensation Service.

14. AirHelp may request additional documentation or clarification regarding any declared Extra Expenses or any Claim.

15. AirHelp makes no warranty that Extra Expenses will be reimbursed by the Airline. The Airline’s obligation to reimburse depends on applicable Air Passenger Right Regulations and the Airline’s policies.

    
    
    

    Flight Compensation and Legal Action

16. On receiving your Form, AirHelp will prepare a request for payment and send it to the Airline and handle all further correspondence. For this part of the Compensation Service, if Flight Compensation is paid, you will be required to pay AirHelp the Service Fee.

17. If the Airline fails to pay Flight Compensation within a reasonable period after being notified by AirHelp, or should AirHelp, in its sole Discretion, assess that the Airline is unlikely to respond to a request for payment, AirHelp may initiate Legal Action.

18. In the event that Legal Action is initiated and Flight Compensation is paid, you will be required to pay AirHelp the Legal Action Fee in addition to the Service Fee. 

19. In the event that a Lawyer is used for Legal Action, you expressly consent to AirHelp providing the Lawyer access to all the data communicated to AirHelp in order for the Lawyer to take Legal Action.

20. Where a separate Form or other additional documents are required to undertake Legal Action, you undertake to provide such additional documents. In cases where you have signed an Assignment Agreement, and later sign an Authority Document (or similar), you accept that the Authority Document assigns the Claim back to you.

21. If AirHelp or the Lawyer commences Legal Action to pursue a Claim, AirHelp will cover any Legal Expenses incurred during the Legal Action, even if the Legal Action is lost. In the event that the lawsuit is won or a settlement has been reached between the Airline and AirHelp, AirHelp may cover any costs incurred that are not covered by the Airline. When applicable, if a lawsuit is won, a claim for reimbursement of Legal Expenses will be put forward. The same applies to Legal Expenses regardless of whether the legal proceedings are performed by AirHelp or a Lawyer. For the avoidance of doubt, all reimbursements, including Legal Expenses and interest, shall belong to AirHelp.

    Settlements

22. AirHelp, in its sole Discretion, may offer to or accept from the Airline individual or collective Claim settlements for Flight Compensation.

23. You acknowledge that the decision to accept a settlement from the Airline for Flight Compensation rests solely with AirHelp, since you have assigned the Claim to AirHelp.

24. AirHelp may pursue the assigned Claim in its own name, with or without the help of a Lawyer.

25. In case AirHelp acts on your behalf in accordance with an Authority Document, you authorize AirHelp to accept or reject settlement offers based on AirHelp’s Discretion, without the need for your additional consent.

26. You are responsible for providing the correct data to proceed with the Compensation Service. AirHelp shall not be held liable for any incorrect communications, documents, incorrect data/information, and fraudulent conduct shared by you. In the event that you provided deliberately incorrect information or data, in addition to any other recourse AirHelp may have under these Terms, you will, upon request by AirHelp, reimburse AirHelp for the Legal Expenses. 

    
    Goodwill Claims

27. In jurisdictions where the Air Passenger Rights Regulations may be less developed and obtaining Flight Compensation less likely, upon your decision to proceed, AirHelp may attempt to obtain Flight Compensation through a Goodwill Claim. 

    
    How AirHelp makes decisions with regards to the Claim

28. AirHelp uses its Discretion in making decisions regarding whether to pursue the Claim during the Eligibility Service or at any time during the Compensation Service, including whether to pursue the Claim with Legal Action, to make or accept a settlement offer from the Airline, to withdraw the Claim, to pursue a Goodwill Claim, or to submit Extra Expenses to the airline.

29. AirHelp’s Discretion is based on a number of factors including, without limitation, the applicable Air Passenger Rights Regulations, the jurisdictions and court systems in which we may pursue the Claim, Legal Expenses and the likelihood that AirHelp may obtain or be obliged to pay Legal Expenses, the Airline’s historic behavior with similar Claims, the average length of time it may take to obtain Flight Compensation or a favorable ruling through Legal Action, the quality of the information that you have provided AirHelp with regards to the Claim, any factual information that may make obtaining Flight Compensation difficult, advice from Lawyers, and AirHelp’s experience with similar Claims. With respect to Extra Expenses, AirHelp’s Discretion also includes assessment of the documentation provided, the nature and amount of the expenses, and the likelihood of recovery from the Airline under applicable law and/or jurisdiction

    
    Alternatives to the Compensation Services

30. If you wish to pursue your Claim through other alternatives than AirHelp’s Compensation Services, the following are other options for enforcing the Claim: your own extrajudicial or judicial action against the airline, support from a lawyer, an enquiry directly with the respective Airline. In Germany, you can use the offer of the conciliation body for public passenger transport (Schlichtungsstelle Reise & Verkehr e.V.), the online form of the German Federal Aviation Authority, and the Air Transport Arbitration Body at the German Federal Office of Justice.These services are free of charge. Be aware that Airline participation is in some cases voluntary. Arbitration recommendations are not binding - the airline can still reject your claim.

5. FEES AND PAYMENTS

Our Fees

1. Our Fees is the price list that details all the fees, charges, and prices that AirHelp receives in consideration for providing you with our Products and Services.

2. AirHelp provides you with the Eligibility Service and Information Service free of charge. 

3. AirHelp provides Compensation Service free of charge except where AirHelp is successful in obtaining Flight Compensation for you. 

4. If AirHelp is successful, AirHelp will transfer the Flight Compensation to you, subject to Our Fees. 

5. If you have provided AirHelp with incorrect or incomplete payment information and the amounts we have paid to you for Flight Compensation have been returned to AirHelp, AirHelp will make reasonable efforts to contact you, including email reminders and other means of communication provided by you to AirHelp. If you do not respond to provide correct payment information, AirHelp shall be entitled to keep the part of the Flight Compensation that otherwise should have been transferred to the Customer. 

6. In the event that the Flight Compensation and/or Legal Expenses, interest, or similar are transferred directly from the Airline to you, you will:

   1. as soon as reasonably practicable, inform AirHelp of the payment.

   2. be invoiced and liable to pay Our Fees, Legal Expenses, interest, or similar, if any, to AirHelp without unreasonable delay.

7. When AirHelp has paid the Flight Compensation in accordance with the instruction and method selected by the Customer, AirHelp shall not be liable for any effect of the Customer giving wrong bank account information, wrong address, or similar, including, but not limited to, the Flight Compensation being paid to the wrong receiver. If Flight Compensation has been paid to a wrong receiver at the fault of the Customer, AirHelp shall not be obligated to actively reclaim it.

8. You shall not be entitled to claim any interest on the Flight Compensation during the time period between when AirHelp receives it and when it is transferred to you. AirHelp reserves the right to retain any interest that it has recovered from the Airline, including interest recovered following Legal Action.

9. AirHelp shall not be liable for any amount of compensation, damages, or similar, if we are prevented from transferring the payment to you by an event beyond AirHelp’s control, including, but not limited to, strike, lock-out, labor dispute, force majeure, natural disasters, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, and storm.

10. The Service Fee and the Legal Action Fee apply to any kind of settlement whenever AirHelp is able to obtain Flight Compensation whether obtained through court decision, settlement with the Airline, or where AirHelp has settled the Claim with the Airline jointly with other Claims.

6. WITHDRAWAL AND TERMINATION

Your Right of Withdrawal

1. If you qualify as a consumer under the European Union (EU), the European Economic Area (EEA), and the UK consumer regulations, meaning that you are an individual who engages in a legal transaction for a purpose other than your commercial or independent vocational activity, then you possess a legal right of Withdrawal. 

2. You have the right to withdraw from the Services within 14 days from the commencement of the respective Service for free and without the need to specify any reasons. To exercise your right to Withdrawal, the Withdrawal must be communicated (e.g., by letter, email, or contact form) within the 14-day period mentioned above, and it must clearly state your wish to withdraw from the respective Service.

3. Due to the nature of the service provided, you agree that you cannot withdraw from any Service where, by the nature of the Service, AirHelp has already completed the provision of the Service by the time of the withdrawal request. 

4. The Withdrawal shall be sent to:
   

   AirHelp Germany GmbH
   ​​c/o WeWork
   Warschauer Platz 11-13
   10245 Berlin
   Germany
   or
   email: [email protected]

   To request your Withdrawal you may copy and paste the sample text below, adding your details. (You are not obliged to use exactly this text.)

   —----------

   Sample cancellation form

   I hereby terminate the agreement concluded by me:

   AirHelp Claim number:
   Date claim was filed:
   Name of customer:
   Address of the customer:
   Signature of customer:
   Date:

   —---------

   *End of sample text

5. Following the 14-day Withdrawal period, you may Withdraw your acceptance of the respective Service subject to the Service Terms.
   

   
   Withdrawal of Compensation Service by AirHelp

6. AirHelp has the right to withdraw from the Compensation Service in the event of identifying obstacles beyond the control of AirHelp that prevent AirHelp from obtaining Compensation for you. These may include, but are not limited to, Airline insolvency, court closure, and/or lockdown measures. In these cases, AirHelp shall notify you of the obstacles and close your Claim. No fee will apply.

   
   Termination of the Compensation Service

7. The Compensation Service will terminate when the Claim has been settled with the Airline, you have received the Flight Compensation, and all amounts payable by you to AirHelp, if any, have been paid.

   
   Termination for breach

8. The Services can be terminated immediately by AirHelp where:

   1. you have breached your obligations under the Terms or any other applicable rules or regulations,

   2. you have provided incorrect information, engaged in fraud, or engaged in activities that AirHelp may reasonably suspect to be misleading or fraudulent, in which case you will not be entitled to the Flight Compensation or any other payments.

9. AirHelp reserves the right to claim its losses when terminating as a result of your breach.

   
   Consequence of Termination and Withdrawal

10. Upon termination of the Compensation Services for any reason, you shall immediately pay any fees payable to AirHelp under the Terms, including without limitation in the case of Customer Withdrawal after the Airline confirms the payment of Flight Compensation.

11. AirHelp will reassign your Claim to you upon Withdrawal or termination.

12. In the event that you Withdraw from the Compensation Service or AirHelp terminates due to your breach of the Terms, AirHelp shall be entitled to obtain the following from you:

    1. AirHelp’s Legal Expenses, if AirHelp has commenced a Legal Action; or,

    2. An amount equal to the Legal Expenses, if, following the Withdrawal, AirHelp is requested by a Judicial Authority to pay the Legal Expenses due to the Airline; or, 

    3. AirHelp’s Service Fee, and, where there was Legal Action, the Legal Action Fee, where you subsequently obtained Flight Compensation directly from the Airline.

7. DATA PROTECTION

1. All personal data collected during the provision of our Services, or connected to the provision of our Services, will be subject to the AirHelp Privacy Statement.

8. GENERAL PROVISIONS

Third Parties Services

1. Our Services may contain links to third-party providers’ websites or interfaces to book services via third parties. Such websites/services are controlled by independent parties under which AirHelp has no control. Although our Services may provide information about or access to third-party suppliers and facilitate use of these third-party providers, such Services do not constitute any sponsorship, affiliation, or endorsement of these third-party providers.

2. You hereby acknowledge and agree that AirHelp will not be a party to any agreement entered with any such third party and will not be responsible for any errors or omissions in such third parties’ services or for any direct or indirect claim, breach, loss or damage caused or allegedly caused by or in connection with the access or use of such third parties’ services..

   
   Disclaimer of Warranties and Limitation of Liability

3. AirHelp has many sources of information and data that make up the information and services available under these Terms. Although AirHelp tries to provide accurate information, our Services may be subject to omissions and errors. Our Services are provided ‘as is’.

4. AirHelp makes no representations or warranties that our Services will result in Flight Compensation, meet your requirements or be secure, free of viruses or other harmful components, timely, uninterrupted, accurate, complete, or reliable. You acknowledge and agree that your use of our Services is at your own risk.

5. The Mobile App contains information from other sources. This information will be marked as such. AirHelp does not guarantee the accuracy of this data.

   
   Versions and Modifications

6. AirHelp reserves the right to amend sections of these Terms at any time without further notice. The latest version will always be available on the AirHelp website, and in the Mobile App

7. AirHelp regularly updates the features of our Services and these Terms to improve how we deliver our Services to you. As a result, any new features of our Services will be subject to the latest version of the Terms displayed on the AirHelp website, and in the Mobile App.

8. Nonetheless, your use of the Services will be governed by the version of the Terms in place on the date in which you accepted them. If you are unsure of which version of the Terms applies to you, please contact AirHelp at [email protected] and we’ll provide them to you.

   
   Governing Law and Jurisdiction

9. These Terms, Forms, and the agreement between AirHelp and you, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by the laws of Germany, without regard to conflict of laws principle. This shall not affect mandatory provisions of the legal system that would apply without this choice of law clause, e.g. the mandatory provisions of the customer's country of residence.

10. You may not transfer any of your rights or obligations under these Terms without our prior written consent. AirHelp may transfer any of its rights or obligations under these Terms to any AirHelp Group Companies or any third party designated by AirHelp

11. If any provision (or part thereof) of these Terms is held by any court, or other competent authority to be void or unenforceable in whole or part, such void provision shall be deemed to be replaced by an enforceable provision with the closest effect possible to the original provision and these Terms shall continue to be valid with respect to the other provisions and the remainder of the affected provisions.

12. Any failure or delay by AirHelp in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of our rights or remedies.

13. The English version of these Terms shall prevail in case of inconsistency to any other language version.