TERMS AND CONDITIONS FOR AVIATION LAWYER’S ADVICE AND ASSISTANCE
1. INTRODUCTION
1.1
These terms and conditions (hereinafter the “Terms”) govern Flyadvokaten Advokatanpartsselskabet’s (hereinafter the “Flyadvokaten”) provision of legal services to air passengers, including advice and assistance in connection with claims for compensation and reimbursement of air tickets and expenses (e.g. reimbursement for new air tickets), cf., inter alia, 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.
1.2
In the event of any discrepancy between individual agreements and the Terms, individual agreements shall prevail. It is incumbent on the client to prove it if it is claimed that such individual agreements have been made that deviate from the Terms and Conditions.
1.3
The Terms applicable from time to time are available on Flyadvokaten’s website (www.flyadvokaten.com).
1.4
The Terms were last updated on December 1, 2023.
2. THE SCOPE AND NATURE OF THE ASSISTANCE
2.1
Our assistance generally includes a legal review of the case, calculation of the claim and preparation and forwarding of at least two letters of claim to the airline/ticket agent. two demand letters to the airline/ticket intermediary. Based on any objections from the airline/ticket intermediary, we will assess whether the case should be closed or brought before the courts, cf. section 2.2.
2.2
If we consider it appropriate, we will prepare and file a summons and handle the legal proceedings, including attending preparatory hearings and the main hearing. As a starting point, we strive to ensure that the case in court is handled in accordance with the Danish Administration of Justice Act. After receipt of the judgment, Flyadvokaten settles the claim and sends the judgment clerk(s) to the airline/ticket broker. If we still do not receive payment, we will file the case with the enforcement court.
2.3
The processing time in the courts is currently very long, and it is not unusual for it to take 10-18 months from receipt of the case by the Aviation Lawyer to final judgment. The client will be notified if the case is filed with the courts and will be notified again when the final judgment has been issued.
3. POWERS OF THE AVIATION LAWYER
3.1
The aviation lawyer may refuse to take on a case and may withdraw from a pending case. However, the aviation lawyer may not withdraw from a case in such a way and under such circumstances that the client is prevented from seeking other legal assistance in a timely manner and without prejudice.
3.2
It is the Airline Lawyer’s responsibility, right and obligation to assess whether the case should be brought before the courts and then what procedural steps are appropriate and necessary, including whether a lost case should be appealed. With the transfer of the case to Flyadvokaten, we are thus authorized to bring the case, but also to withdraw the case from the court if we e.g. (but not limited to) assess i) that the client will not be fully or partially successful, ii) if there is doubt about the defendant’s ability to pay, iii) if we have received incorrect or incomplete information from the client or the like.
3.3
The Aviation Lawyer may at any time – before or after legal proceedings – enter into a settlement with the airline/ticket broker, also so that the client’s claim is reduced, if the Aviation Lawyer considers that this is best in accordance with the client’s legal interests and legal position.
4. CLIENT RIGHTS AND OBLIGATIONS
4.1
The client undertakes to keep the Airline Lawyer informed of all matters that are likely to be of importance to the Airline Lawyer’s advice and assistance. Furthermore, the client undertakes to forward all documents relevant to the case, including – but not necessarily limited to – airline tickets and any previous communication with the airline/ticket broker.
4.2
The Client warrants that theclaim has not been transferred to a third party and that the third party has not been authorized to collect the claim on behalf of the Client.The clientfurther warrants that the client will not dispose of the claim insuch manner as long as the client is represented by Flyadvokaten in the case .However, the client may withdraw the case from Flyadvokaten and pay fees in accordance with clause 7.
4.3
Upon transfer of the case to the Aviation Lawyer, the client must inform the Aviation Lawyer of all payments that have been made by theairline or others, so that such payments can be taken into account in the Aviation Lawyer’s calculation of the claim .If the client receives payments from the airlineor others after the case has been handed over to the Aviation Lawyer, the Aviation Lawyermust be informed IMMEDIATELY.
4.4
The client accepts that Flyadvokaten takes over all communication with the airline and ticket broker .Should the clientbe contacted by the airline and/or ticket agent, the client must refer to the Airline Lawyer and immediately inform the Airline Lawyer of the contact .In the case of a written inquiry, the inquiry must be forwarded to the Aviation Lawyer in order for the Aviation Lawyer tosafeguard the client’s interests.
4.5
If the case is to be transferred to the courts, the client undertakes to forward his/her own CPR number and address as well as the CPR number and address of all fellow passengers covered by the case. The information must be sent to Flyadvokaten’s secure email: CPR@flyadvokaten.com.
4.6
The client will via e-Boks or similar digital mailbox receive notification from the Courts’ Case Portal/www.minretssag.dk (hereinafter referred to as the “Case Portal”) that the case against the airline/ticket intermediary has been filed, and regularly receive notification from the Case Portal when there are deadlines to be met. The airline lawyer handles the case on the Case Portal,and the client shall not take any action inconnection with such notifications, including filing a response ofany kind on the CasePortal.
5. PRICES – NO CURE, NO PAY
5.1
In cases concerning compensation, reimbursement of airline tickets and compensation for out-of-pocket expenses due to flight cancellation, delay or denied boarding, the Airline Lawyer’s fees are calculated as stated in the price list applicable from time to time. As a general rule, the Aviation Lawyer offers “no cure, no pay”, which means that the Aviation Lawyer only calculates fees if the client receives payment from the airline and/or ticket agent (either directly from the airline and/or ticket agent or via the Aviation Lawyer), cf. however, clause 7.2 in the event that the client withdraws the case.
5.2
The Aviation Lawyer shall bear the cost of court fees if the case is transferred to the court, and the Aviation Lawyer shall pay any legal costs awarded to the opposing party. However, the Aviation Lawyer is entitled to set off any such costs against any amounts received from the airline before final payment is made to the client.
5.3
If the client is awarded legal costs by the court, such legal costs shall accrue to the Airline Lawyer in addition to the fee mentioned in clause 5.1, just as any interest and fees accrue to the Airline Lawyer.
6. PAYMENT OF FEES
6.1
As soon as possible after full payment from the airline/ticket broker, the Aviation Lawyer settles the case with the client. The Airline Lawyer’s fee will be offset before any payment is made.
6.2
The client is obliged to inform the Aviation Lawyer immediately if the client receives payment directly from the airline or others, cf. clause 4.3. The Aviation Lawyer’s fee is then invoiced to the client and is due for immediate payment.
7. WITHDRAWAL OF THE CASE FROM THE AIRLINE LAWYER
7.1
The client may at any time withdraw the case from Flyadvokaten, cf. however, clauses 7.2-7.3.
7.2
If the case has been initiated by Flyadvokaten (cf. clause 7.3) and the client withdraws the case, Flyadvokaten’s fee is calculated as stated in the price list applicable from time to time, as clause 5.1 of the Terms (on no cure, no pay) lapses.However, fees in accordance with the price list are subject to the fee being compatible with Act 2013-12-17 no. 1457 on consumer agreements § 25, subsection 2, cf. § 8, subsection 1, no. 15, and the Danish Administration of Justice Act § 126, subsection 2, as the fee must be in reasonable proportion to the scope of the service already provided. Any disbursements incurred by Flyadvokaten, e.g. (but not limited to) court fees, must always be borne by the client if the case is withdrawn by the client.
7.3
Initiated in clause 7.2 means that the Aviation Lawyer has created the case, reviewed and assessed the case and sent the first contact to the airline and/or ticket agent.
8. PRIVACY POLICY AND COOKIE POLICY
8.1
Pursuant to chap. III of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the “General Data Protection Regulation”), we are obliged to provide the client with certain information about how we process the client’s personal data. Information can be found in our Privacy Policy, which is available at www.flyadvokaten.com.
8.2
In order to provide the best possible service to the users of our website, we use cookies. Cookies collect information about, among other things, user behavior, browser type, device category, information about preferred settings and IP address. Our Cookie Policy is available at www.flyadvokaten.com.
9. PREVENTION OF MONEY LAUNDERING
9.1
Like all other law firms, Flyadvokaten is subject to the Danish Act on Measures to Prevent Money Laundering and Financing of Terrorism. Certain types of cases require us to comply with special rules to prevent money laundering. This procedure is initiated separately when applicable. We never accept cash payments.
10. PREVENTION OF CONFLICTS OF INTEREST
10.1
When we take on an assignment, we ensure that there is no conflict of interest or loyalty. We are obliged to do so. However, circumstances may change during the handling of a case, and if a conflict of interest or disqualification arises, we may have to withdraw from the case again.
11. COMPLAINTS AND DISPUTES
11.1
Flyadvokaten is subject to the Danish Bar and Law Society’s supervisory and disciplinary system and the rules on good legal practice, cf. section 126 of the Danish Administration of Justice Act. In addition, the Code of Conduct applies. The rules that specifically apply to the practice of the legal profession can be found on the Danish Bar and Law Society’s website www.advokatsamfundet.dk.
11.2
In the event of a dispute regarding fees charged by Flyadvokaten and/or dissatisfaction with the conduct of one of Flyadvokaten’s lawyers, the client may complain to the Danish Bar and Law Society, Kronprinsessegade 28, 1306 Copenhagen K, cf. www.advokatnaevnet.dk.
11.3
As the Aviation Lawyer enters into agreements on assistance via the Internet, the Aviation Lawyer is obliged to refer to the European platform for online dispute resolution (ODR platform): https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DA.
12. OTHER PROVISIONS
12.1
The Airline Lawyer’s advice is aimed at the specific assignment and may therefore not be used for any other purpose without the express prior consent of the Airline Lawyer. Unless otherwise agreed, Flyadvokaten is only liable to the direct client for the advice provided. We keep case files for at least 5 years from the conclusion of the case.
12.2
All employees at Flyadvokaten are subject to a duty of confidentiality, and any information from or concerning a client is treated as confidential, unless it undoubtedly appears from the circumstances that the information is not of a confidential nature.
13. ABOUT FLIGHT LAWYER
13.1
The advice is provided by Flyadvokaten Advokatanpartsselskab, CVR no. 4443 1114, Hellerupvej 5, DK-2900 Hellerup, telephone 33433333(mail@flyadvokaten.com/www.flyadvokaten.com).
13.2
The lawyers at Flyadvokaten are appointed by the Danish Ministry of Justice and are part of the Danish Bar and Law Society.
13.3
All lawyers at Flyadvokaten are covered by the firm’s liability insurance and guarantee scheme taken out with HDI Forsikring. The liability insurance covers all legal services provided by Flyadvokaten, regardless of where the legal services are provided.
13.4
Flyadvokaten does not use contractual clauses on choice of law and/or jurisdiction unless agreed with the client.
13.5
Flyadvokaten has the following bank accounts in Sparekassen Danmark, Østergade 15, DK-9760 Vrå:
Client account: 9070 1638 622 838 (DKK)
Client account: 9070 1638 740 253 (Euro)
Operating account: 9070 1638 622 765
13.6
In the event of Sparekassen Danmark’s bankruptcy, depositors are covered in accordance with the Danish Act on Guarantee Scheme for Depositors and Investors. The guarantee fund covers an eligible depositor’s funds up to an amount equivalent to Euro 100,000 (approx. DKK 750,000). The coverage maximum applies to the total deposit in the bank, even if the money is held in different accounts, including both client bank accounts and own accounts.