1. These Terms and Conditions use the following definitions (all definitions in the singular shall be construed to the plural and vice versa):

Flycare.eu: a web platform to provide the service of a network of professionals with experience in the European Transport Law;

Site: www.flycare.eu, www.flycare.it, www.flycare.co.uk, www.flycare.es, www.flycare.fr

Send claim/request: to fill out a form designed to obtain the assistance provided by Flycare with full knowledge and acceptance of these Terms of Use and the Privacy Policy;

Support: requesting to represent the client in all of the stages of the proceedings of the claim to the airline, which is in the preliminary stage of court and in any judicial phase. In particular, initiate, conduct and take any type of negotiation, and legal proceedings on behalf of the customer against third parties;

Traveller: a person in need of protection in the face of poor airline conditions;

Customer: a person/traveller who request assistance and therefore accepts these conditions;

2. When the traveller requires the assistance of Flycare by sending the claim, he/she automatically accepts the following conditions;

3. Flycare is authorized to represent the client in all of the stages of the claim proceedings against the airline, which is in the preliminary stage of court and in any judicial phase;

4. Flycare is authorized to initiate, conduct and take any type of negotiation, and legal proceedings on behalf of the client and to represent him/her against third parties;

5. Flycare has the right to obtain all the necessary information that is required from the customer, to finalize and obtain the compensation, by implementing the EC Regulation, 261/04, EC Regulation. 889/02 and the Montreal Convention, on behalf of the customer;

6. The customer declares that the information provided is correct, complete and truthful;

7. Flycare handles the request for reimbursement for expenses without any fees to the customer (price list);

8. If the legal representative, appointed by Flycare, concludes that there are insufficient prospects of success, the customer will be informed of this and will not hold Flycare responsible for later procedures;

9. If the customer has indicated traveling companions in the request for reimbursement, it is assumed that he/she has the right to represent the passengers nominated. Therefore, following the payment of compensation, the customer agrees to pro-rate the money intended for his traveling companions;

10. The customer declares that the claim request has not been assigned to a third party and no legal dispute is in progress or is about to be waged between the customer and the airline on the same issue;

11. After submitting the form to Flycare, the customer can not engage any third party to pursue its claim, unless there is a negative evaluation of the professional in charge and there is the possibility of obtaining compensation;

12. You agree that Flycare cannot accept travel vouchers and/or other services as compensation for the flight and that such an offer by the airlines will be considered as refusal to pay;

13. The Customer will not accept partial payments, in travel vouchers and/or other services, as compensation for the flight, directly by the airline. If the customer received direct payments or any other compensation from the airline after sending the request, the customer is required to communicate to Flycare without delay.

If the customer accepts any type of compensation (including vouchers), directly from the airline after Flycare has agreed to take on the client's claim against the airline, the customer then agrees to pay compensation to the Flycare's legal counsel equal to the legal action fee that would apply if Flycare would get the required compensation for the claim.

14. When Flycare, through its professionals, has paid the compensation for the flight in the manner and in accordance to the instructions given by the Customer, Flycare will not be responsible for any effect derived from the fact that the customer has provided the wrong information such as:

bank account, incorrect address, or the like, including, without limitation, in the event that the compensation of the flight has been paid to the wrong recipient.
If the compensation for the flight was paid to a wrong recipient wrong due to the customer, Flycare will not be obligated to actively retrieve the money.

15. The responsibility of Flycare against the Customer shall not exceed the value of the form submitted by the Customer.

16. The site may contain links to other sites, such as the terms of use and privacy are different from ours. Flycare is not responsible for the content, terms of use or privacy of external sites. The connection via links to other sites does not imply in any way that Flycare has sponsorships and/or has collaborated and/or is affiliated with owners and/or operators of those sites.

17. In the event of a settlement agreement, the airline will pay the compensation due to the customer as required by laws and the professionals hired by Flycare for the expenses and fees of their work (price list);

18. The agreement between the customer and Flycare applies Italian law;

19. Flycare uses the personal data supplied by the customer for the purposes specified in the agreement and complies with all applicable privacy laws. You agree with this document, under the protection of the law of the processing of personal data (L 196/03), to provide Flycare personal information and you further agree that such data can be used throughout the entire procedure.

20. These Terms will be added to those arising from the execution of the mandate with the individual professionals in charge.

21. Flycare reserves the right to change, modify, add, or remove provisions of these Terms of Use at its discretion and at any time. You are responsible for regularly reviewing the Terms of Use to check for any changes. The use of the Site following the posting of changes will constitute your acceptance of such changes by the user.

22. Copyright: All text, graphics, user interface, visual interface, photographs, trademarks, logos, sounds, music, artwork and computer code or other materials on the site, including without limitation, the design, structure, selection, coordination, expression, appearance and arrangement of such content belong to Flycare and are protected by the laws on trade dress, copyright, patents and trademarks, as well as various other regulations on the rights of intellectual property and unfair competition.

Except as otherwise arranged by these Terms of Use, you may not copy, reproduce, republish, upload, post, code, translate, transmit or distribute any portion of the site and its content on any computer, server, web site or other means for publication, distribution or any commercial purpose without the prior written consent from Flycare.

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