Terms of Service
1.2. Lennuabi – Lennuabi OÜ (Reg No 14065010), a company incorporated in the Republic of Estonia, located at Mõisa 4, Tallinn 13522, Estonia, which provides the Service through the website of “Lennuabi”.
1.3. Agreement – service contract between the Client and Lennuabi, which is taken to account when the Client has signed the Assignment of Claim or the Power of Attorney.
1.4. Service – service provided by Lennuabi considering following terms of service to claim compensation under the Regulation No 261/2004.
1.5. Service agreement – contract, in which the Client is one party and Lennuabi the other.
1.6. Regulation No 261/2004 – Regulation (EC) No 261/2004 of the European Parliament and the Council, 11.February 2004, establishes common rules on compensation to passengers in the event of denied boarding and of cancellation or long delay of flights.
1.7. Claim – Client’s right to receive financial compensation from an air carrier under Regulation No 261/2004. The value of the claim is deemed to be the amount of the flight compensation.
1.8. Assignment of Claim – contract, under which the Client submits his/her flight compensation claim to Lennuabi.
1.9. Authorization – „Power of Attorney“ – authorization document, under which the Client grants Lennuabi the right to perform various actions on his/her behalf in order to satisfy the claim for flight compensation (see “Power of Attorney” for details).
1.10. (Flight) Compensation – the amount of money the airline is obligated to pay to the Client due to cancellation, delay or overbooking of the flight in accordance with Regulation No 261/2004.
2.1. The Customer’s application to Lennuabi, via the Lennuabi’s website or through other channels, is an offer to enter into an Agreement. The Client’s appeal to is not binding to Lennuabi. Lennuabi shall send a notice of conclusion or non-conclusion of the contract to the Client using the e-mail address provided by the Client. Lennuabi is not obliged to justify the conclusion or refusal of the contract.
2.2. The Agreement shall be deemed to have been concluded from the moment the Client has signed the Assignment of Claim or Power of Attorney. By signing the Assignment Act, the Client’s claim against the airline shall be deemed to have been assigned to Lennuabi. By signing the Power of Attorney, Lennuabi is entitled to perform actions on behalf of the Client to receive the Flight Compensation.
2.3. The Agreement shall remain in force until the Agreement is fulfilled. This means that the Flight Compensation has been transferred to the Account of either Lennuabi or the Client and Lennuabi or the Client has transferred part of it to the other Contracting Party pursuant of the Agreement or if Lennuabi considers that the continuation of the Service has no perspective and notifies the Client of it.
3.1. The Client is obliged to provide Lennuabi with all information necessary in order for Lennuabi to provide the Service and to notify Lennuabi of any changes thereto. The Client shall provide Lennuabi, among other things, all communication between the Client and the airline claimed the Flight Compensation, which took place before the Client’s approach to Lennuabi.
3.2. The Client must provide Lennuabi valid contact details and notify Lennuabi immediately of any changes.
3.3. The information provided by the Client to Lennuabi must be complete and true. The Client is responsible for the data righteousness.
3.4. The Client confirms that the Claim has not been assigned to third parties.
3.5. The Client confirms that if the Claim was assigned to a third party, the Client shall have no impediment to the assignment at the time of entering into this Agreement and any assignment agreements entered into by third parties shall not prevent the Assignment of Claim.
3.6. During the term of the Agreement, the Client undertakes not to communicate or negotiate independently with the airline, except with the consent of Lennuabi, and to direct Lennuabi all such communication.
3.7. The Client undertakes not to enter into any contracts with third parties for the provision of a similar service to the Service during the term of the Service Agreement.
3.8. In the event that the Client receives Flight Compensation (any part of it or any other payment related to it) from the airline, which belongs according to the Assignment Act to Lennuabi, the Client must inform Lennuabi as soon as possible.
4.1. Lennuabi will make every effort to claim Flight Compensation, that belongs to the Client, from the airline. At its sole discretion, Lennuabi will use all legal means to obtain Flight Compensation.
4.2. Lennuabi requires the airline to pay the Flight Compensation to its bank account. Thereafter, Lennuabi shall notify the Client of the successful claim process and shall request the Client to forward a suitable billing account number to which 70% of the Flight Compensation shall be credited in accordance with the terms of this Agreement. Lennuabi will transfer 70% of the Flight Compensation to the bank account provided by the Client within 5 days of receiving the Compensation into Lennuabi’s Bank Account.
4.3. If Lennuabi has paid 70% of the Flight Compensation in accordance with the Client’s instructions and the method chosen, Lennuabi shall not be liable for the consequences arising from the incorrect information provided by the Client. If the Flight Compensation has been paid to the wrong recipient through the fault of the Client, Lennuabi shall not be obliged to claim it from a third party.
4.4. In the event that the Client has not forwarded Lennuabi the bank account number (to which the Client wishes to receive the Flight Compensation) within one year after receiving the notification referred to in clause 4.2, Lennuabi shall remain entirely at the disposal of Flight Compensation and the Client is not entitled to claim it.
4.5. Lennuabi is not responsible for the correctness of the bank account provided by the Client. In the event that the Client has mistakenly entered the wrong bank account number and Lennuabi has made a transfer with the Flight Compensation to that bank account, Lennuabi shall not be obliged to claim the Flight Compensation back. At the request of the Client, Lennuabi assigns to the Client its claim for unjust enrichment against the recipient of the Flight Compensation.
5.1. Lennuabi contractual service charge for providing the Service is 30% of the Flight Compensation. If the airline pays the Flight Compensation directly to the Client’s bank account, Lennuabi shall be entitled to 30% of the total amount of compensation paid by the airline to the Client. If the Client accepts the offer of the airline to remedy the breach in other ways (eg gift card), the Client undertakes to pay Lennuabi 30% of the total value of the selected Flight Compensation in cash.
6.1. Lennuabi has the right to cancel the Agreement without notice if the Client has breached the terms of the Agreement.
6.2. Lennuabi has the right to terminate the Contract at any time if it becomes apparent that Lennuabi does not consider it having perspective to claim Flight Compensation. In the above case, and upon the Client’s request, the Claim shall be returned to the Client.
7.1. Lennuabi has the right to collect and process Client’s Personal Data to the extent and in the manner necessary for the provision of the Service and to the extent in the manner provided by law.
7.2. The transfer of the Client’s personal data to third parties is permitted to the extent necessary for the provision of the Service.
7.3. Lennuabi is the data controller with all responsibilities. The client is a data subject who has all the data subject’s rights under the Personal Data Protection Act.
8.1. Lennuabi shall be accountable to the Client’s damage caused by (only for) wrongful means. In no event shall Lennuabi be liable to the Clients damage for more than 70% of the value of the Flight Compensation.
8.2. Lennuabi shall not be liable for breach of the Agreement or for any damage caused by the Client’s actions or omissions.
8.3. The Client shall be responsible for any damage caused to Lennuabi.
8.4. The parties shall not be liable for breach of contract if the breach is caused by force majeure.
9.1. Lennuabi has the right to change these terms and conditions at any time.
9.2. If any provision of the Agreement proves to be invalid, unlawful or unenforceable, it shall in no way affect the validity of the remaining provisions of the Agreement.
9.3. The Agreement is governed by the law of the Republic of Estonia.
9.4. Any disputes arising from the service contract shall be settled by negotiation. If the parties fail to reach an agreement, the dispute will be settled in Harju County Court.