The capitalised terms used in these Terms and Conditions (“terms & conditions”), shall have the meanings indicated below:
“Agreement” shall mean the agreement between the Client and Cloud Claims that is concluded after the Client has signed or otherwise indicated acceptance electronically (for example, during completion of an online form). Under the Agreement the Client assigns to Cloud Claims full ownership and legal title to his (her) monetary claim pursuant to Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 (establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and replacing Regulation (EEC) No 295/91) or under any other international or national regulation applicable in respect of the Client in another country which establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, including all amounts related to the assignment as well as taxes and other amounts, when passengers are not able to fly or their flight was disrupted, and any other monetary compensation for lost or damaged baggage(“Assignment”).
Only where the Assignment agreement (form) cannot be considered valid in the particular jurisdiction (country) or when the parties agree on the provision of services by a separate agreement, the Agreement concluded between the Client and Cloud Claims shall be considered as a contract for services according to which Cloud Claims administers the Client‘s Assignment and undertakes to organise and finance the collection of the Assignment and to execute all other actions in relation to the Agreement.
In order to make the application and interpretation of the terms & conditions easier, the definition of the Agreement combines the assignment agreement and agreement on provision of services, and legal relationship of the assignment and provision of services are referred to as services, unless it is clearly stated otherwise.
“Claim” means any claim against a flight operating carrier (airline) for monetary compensation pursuant to the applicable Flight Compensation Regulation.
“Client” shall mean a person that has signed the Agreement, accepted terms & conditions and is seeking Flight Compensation.
“Electronic Identification Regulation” means Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.
“Flight Compensation Regulation” means Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 as well as any other international or national regulation applicable in respect of the Client in another country which establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, including all amounts related to the assignment as well as taxes and other amounts, when passengers are not able to fly or their flight was disrupted, and any other monetary compensation for lost or damaged baggage.
“Flight Compensation” means the total amount of money paid by a flight operating carrier in relation to a Claim as compensation, settlement or gesture of goodwill, including all additional expenses compensated to the Client or Cloud Claims by free will and decision of an operating carrier after the Client has signed the Agreement and accepted the terms & conditions. For the avoidance of doubt, Flight Compensation does not include any legal fees, court fees, collection costs, interest, penalty or similar expenses incurred, which are paid by Cloud Claims during the entire collections process. Accordingly, all the amounts paid by Cloud Claims during the collection process will be reimbursed to Cloud Claims from the total Flight Compensation.
“Price List” shall mean Appendix 1 to these terms & conditions specifying amounts of Cloud Claims remuneration. Remuneration means the amount which Cloud Claims receives under the Agreement.
“Privacy and Data Protection Requirements” shall mean 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 (whether mandatory or not).
“Legal Proceedings” shall mean a process when Cloud Claims files the Claim to a court, alternative dispute resolution institutions, aviation regulatory agencies, consumer protection agencies and/or governmental bodies or handling over the Claim to a contracted legal representative, such as an attorney or law firm.
“Cloud Claims” means Cloud Claims Ltd. A company registered in England. Company Registration No: 15191439
“Cloud Club“: a Client, which purchased Cloud Club, becomes a Member. For Members, Cloud Claims will waive its remuneration (if applicable) for pursuing the Claim and recovery of the Flight Compensation covered by the booking for which the Member purchased Cloud Club Membership as defined in Appendix 2 to these terms & conditions.
The aforementioned definitions shall be used upon concluding and performing any document or transaction connected with terms & conditions.
1. AGREEMENT
1. The Client accepts terms & conditions (the Agreement) which is considered as the basis of any other documents to be concluded between the Client and Cloud Claims.
2. Cloud Claims 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 Agreement by registered mail.
3. By entering into an Agreement, the Client confirms that he (she) is authorised and has legal capacity to sign documents binding both Cloud Claims and the Client or, if applicable, has a right to sign on behalf of another person (e.g. a child).
4. The Client confirms that the Assignment of the Flight Compensation has not been assigned to any other third parties and no other agreement was concluded in relation to the Compensation, and no legal dispute is pending or expected between the Client and the flight operating carrier on the same matter. The Client understands that by making Assignment he/she may not conclude the same and/or any similar agreement, including companies competing with Cloud Claims, take legal action in relation to collection of the Flight Compensation.
5. The Client undertakes to provide Cloud Claims with all data and/or information that is required for the collection of the Flight Compensation from the flight operating carrier.
6. Cloud Claims shall be entitled to accept only monetary Flight Compensation and no travel vouchers and/or other services that may be offered by the flight operating carrier shall be accepted.
7. By signing the Agreement and agreeing with terms & conditions the Client confirms that he (she) will not maintain any direct contact or accept payment from an operating carrier.
8. The Client confirms and declares that these terms & conditions are a direct proof and expression of true will and to be respected by flight operating carriers. The Client agrees with Cloud Claims that all Flight Compensation payments made by operating carriers under the Claim should be made directly to the bank accounts owned by Cloud Claims or other bank accounts as agreed by Cloud Claims and the Client.
9. The Client also agrees that Cloud Claims will assist him (her) in the exercise of his (her) right to defend him (her) in the collection of the Flight Compensation.
2. CLAIMS PROCESS
1. Flight data in relation to the Claim may be submitted to Cloud Claims preferably via Cloud Claims’ website, mobile app, email and/or any other electronic or software solutions supported by Cloud Claims. After such data is received, Cloud Claims shall assess the merits of the flight and whether the Claim on the grounds of such flight data could be successful. If Cloud Claims estimates that the flight data provided by the Client is sufficient and Claim could be successful, Cloud Claims shall execute all necessary actions in relation to the collection of Flight Compensation according to the documents signed and approved by the Client.
2. Please note that the result of the assessment as provided in Section 2.1 above does not include any binding statement and does not guarantee successful enforcement of the Claim.
3. When the Agreement is concluded, Cloud Claims refers to the flight operating carrier with the Claim in order to reach settlement and avoid Legal Proceedings.
4. Provided the flight operating carrier refuses to satisfy the Claim after Cloud Claims has reached the respective carrier, Cloud Claims, at its own discretion, is entitled to initiate Legal Proceedings to pursue the Claim. Cloud Claims, at its own discretion, may initiate Legal Proceedings in other cases if the Flight Compensation recovery process would be more effective and (or) quicker this way.
5. During Legal Proceedings, the legal representative of Cloud Claims shall be granted access to all data provided by the Client to Cloud Claims in order to pursue the Claim. If third parties require any additional documents proving the powers of the legal representative, the Client, with the guidance of Cloud Claims, shall immediately provide to the legal representative with any of such documents. If, for the successful recovery of the Flight Compensation, it is necessary that the Claim is submitted by the legal representative (e.g. attorney at law) on the Client’s behalf, the Client will sign a respective agreement with the legal representative, and the Client’s monetary claim will be assigned back to the Client from the moment of conclusion of the respective agreement with the legal representative. In such a case, the Client and Cloud Claims will settle between each other according to the terms and conditions specified in these terms & conditions and (or) other agreement concluded by and between the Client and Cloud Claims.
6. If, after assessing the merits of the Claim, the legal representative considers that pursuit of the Claim during Legal Proceedings is unlikely to succeed, the Client will be informed and Cloud Claims will pursue the Claim no further. Such notification of the Client shall mean that the collection of the Flight Compensation has ended and full ownership and legal title to the Assignment is automatically returned to the Client without conclusion of additional agreements.
7. If Legal Proceedings are initiated to pursue the Claim, the Client shall be exempt from any costs incurred in the event the Claim is not upheld. In the case of success or settlement in the Legal Proceedings, Cloud Claims shall cover any costs incurred that are not covered by the respective flight operating carrier. Provided that the Claim is successful and the Client receives the Flight compensation, the Client agrees that all costs incurred by Cloud Claims and claimed from the flight operating carrier are paid to Cloud Claims.
8. The Client and Cloud Claims confirm their acknowledgment that Cloud Claims has sole discretion to accept and/or reject any settlement offer in accordance with experience with the respective flight operating carrier. The Agreement is considered as sufficient legal ground for such discretion to be effective.
9. The Client acknowledges that the Claim handling may take considerable time and that Cloud Claims cannot influence how quickly the Claim can be asserted.
3. FINANCIAL
1. Settlement in accordance with the procedure provided in these terms & conditions under the Agreement is linked to the essential condition that the Flight Compensation is received i.e. paid to Cloud Claims’ or Client’s bank account. Upon payment of the Flight Compensation by the flight operating carrier Cloud Claims and the Client shall settle in accordance with the procedure provided in the terms & conditions.
2. Cloud Claims pursues the Claim free of charge. Provided that the Claim is successful and the Flight Compensation is received, the agreed part of the Flight Compensation will be paid to the Client pursuant to the terms and conditions specified in the Price List. Cloud Claims and the Client may separately agree on another amount of remuneration and payment terms and conditions.
3. If a settlement agreement with a flight operating carrier is not reached regarding the Claim or in other cases, when, in Cloud Claims’ opinion, Flight Compensation recovery process would be more effective and (or) quicker, Cloud Claims is entitled to commence Legal Proceedings, which will result in the increase of the part of the Flight Compensation belonging to Cloud Claims, as specified in the Price List.
4. The Client confirms his (her) acknowledgement that parties to the Agreement may set-off their counter-claims.
5. If the Client fraudulently provides incorrect or incomplete data and Cloud Claims incurs additional costs as a result, the Client shall reimburse such costs to Cloud Claims.
6. As the registered office of Cloud Claims is located in England, the amount of value added tax (VAT) (if applicable) to be paid is stipulated by the laws of England & Wales in accordance with the legally stipulated rate, which at the time of writing is set to 20%.
7. If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to Cloud Claims, Cloud Claims is entitled to deduct all additional costs incurred by Cloud Claims. If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and (or) it is returned to Cloud Claims, and the Client, after reminders and reasonable endeavors from Cloud Claims to contact the Client by means provided by the Client to Cloud Claims, does not amend or provide information needed to pay the agreed part of the Flight Compensation, Cloud Claims is entitled to keep the part of the Flight Compensation that otherwise should have been paid to the Client.
8. For the accounts in the United Kingdom or European Union all payments will be sent to the account via bank transfer using Faster Payments or SEPA. When making an international transfer to the Client, all applicable bank fees (if any) will be deducted from the Client‘s part of the Flight Compensation. Payments will be made to the Client in the same currency received from the operating carrier. For the avoidance of doubt, if the Flight Compensation is received in Euros, a payment in Euros will be made to the Client’s bank account. Payments received in British Pounds (GBP) will be made to the Client in British Pounds (GBP). The Client’s bank may charge a fee to convert the payment into the local currency where this is different. Cloud Claims is not responsible for any fees charged by the Client’s bank.
9. To reduce banking costs, in case of a shared booking or in other cases (e.g., parents who have paid for children), Cloud Claims may transfer all payments to a single beneficiary account if the Client permits Cloud Claims to do so or a single account is specified while submitting data to Cloud Claims. A person, who receives money for other persons within a flight booking, is obliged to settle with them, and, in such cases, Cloud Claims does not accept any responsibility in the event of non-payment by the nominated beneficiary.
10. Cloud Claims shall not be liable for any cheques, prepaid debit cards, credit cards and similar means which are lost by the Client as well as for any effect of the Client giving incorrect bank account information.
11. When it is mandatory, Cloud Claims shall provide an electronic invoice or another document via email.
12. Cloud Claims shall not be liable for any failure to pay the agreed Flight Compensation due to circumstances which are beyond its reasonable control, including, but not limited to strike, lock-out, labour dispute, act of God, war, riot, compliance with a law or governmental order, rule, regulation, etc.
13. Flight Compensation and any other payments will be made by Cloud Claims only to final beneficiaries with the right to claim Flight Compensation. Cloud Claims shall not pay Flight Compensation and (or) any other payments to intermediaries, agencies, representatives and (or) other third parties which, together with the request for payment of the Flight Compensation do not provide any specific written proof clearly and unambiguously confirming the authority to accept payments on behalf of the final beneficiary. In case of any doubt regarding the right to receive payments, Cloud Claims has the right to request additional proof confirming the right to accept payments on behalf of the final beneficiaries and (or) unilaterally refuse to pay the Flight Compensation directly to such person.
4. COOPERATION BY THE CLIENT
1. The Client warrants that data and information provided by the Client to Cloud Claims in relation to the Claim is correct, complete, true and not misleading. The Client shall keep Cloud Claims 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.
2. Before engaging in the services of Cloud Claims, the Client has not disposed of the Assignment in any other manner, nor has engaged any third party to enforce the Claim.
3. The Client shall with or without a specific request provide Cloud Claims with all the data and documents that are required for processing the Claim, e.g. copies of identity documents, boarding pass, delay notification, correspondence with the flight operating carrier.
4. If the Client receives any payment or any other type of Flight Compensation, e.g. flight voucher, from the flight operating carrier after engaging Cloud Claims’ services, the Client is obligated to inform Cloud Claims immediately. In such case, the Client shall be obliged to pay Cloud Claims the remuneration, indicated in Section 3.2 or 3.3, within 10 (ten) business days from the day the Flight Compensation is received from the flight operating carrier to the bank account provided by Cloud Claims in a written form.
5. If the Client provides incorrect or incomplete data or if the Client withholds from Cloud Claims that the Client has already received the Flight Compensation from the flight operating carrier for the respective Claim and Cloud Claims is not able to collect the Flight Compensation or losses through the Legal Proceedings, Cloud Claims reserves the right to assert its claim against the Client for the resulting damage.
5. TERMINATION AND WITHDRAWAL
1. The contractual relationship between the parties ends, when the Agreement is fully performed, i.e. the payment under the Agreement is fully performed.
2. The Agreement is terminated immediately:
– when Cloud Claims 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 Cloud Claims; 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.
3. In any case, in the case of termination of the Agreement by the Client for convenience after certain work has already been performed or after Cloud Claims and/or legal representatives have commenced Legal Proceedings, Cloud Claims is entitled to charge the Client administration costs as well as other costs incurred, court fees, costs of services, bailiff’s costs, extrajudicial costs, authorised representative’s fees, additional fees and other costs incurred. The Client shall pay the amounts indicated in this Section within 10 (ten) days after receipt of Cloud Claims’ invoice.
6. FINAL PROVISIONS
1. Cloud Claims is authorised to amend the terms & conditions any time and without notice.
2. The laws of England & Wales shall apply to the terms & conditions.
3. Cloud Claims 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 Cloud Claims’ privacy policy.
4. In the case the Client is a legal entity, it warrants and represents that:
– the personal data provided by such to Cloud Claims has been collected and is to be provided to Cloud Claims at all times in accordance with the Privacy and Data Protection Requirements;
– for the purposes of this Agreement Cloud Claims 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 Cloud Claims may carry out under this Agreement.
5. This agreement shall be governed by English law. Any dispute, controversy or claim, arising out of or relating to the terms & conditions, its breach, termination or validity shall be heard exclusively in the English courts, unless both parties agree otherwise.
6. If any provision of terms & conditions is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the other provisions of terms & conditions will remain in full force and effect. Any provision of terms & conditions 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. Cloud Claims will amend terms & conditions 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 Cloud Claims and the Client. Cloud Claims will put all its efforts into ensuring the implementation of all the provisions hereof.
7. In case of discrepancies between the English version of terms & conditions and any other language, the English text shall prevail.
Appendix 1 – Fees
1. Our fees are published here:
Appendix 2 – Cloud Club
Cloud Club Membership terms are published here:
www.cloudclaims.co.uk/cloud-club
Last updated
20th May 2024
