Airlate – Fee Policy

1. Introduction

This Fee Policy describes how Airlate (company registration no. 559413-0543) charges for its services relating to compensation claims against airlines.

The Fee Policy is to be read together with Airlate's General terms and Privacy Policy.

Airlate operates according to the principle of “no win – no fee”. If we do not succeed in obtaining any compensation for the customer, the customer pays no service fee.

2. Scope of the service

Airlate helps travellers claim financial compensation from airlines.

Our services cover claims under EU261 or other applicable air passenger rights legislation that Airlate at any given time offers to handle.

Airlate may also, where the conditions under applicable legislation are met, claim compensation for reasonable expenses incurred by the customer as a result of the flight disruption, such as costs for hotels, meals, transport or other expenses that the airline may be obliged to reimburse. The customer is responsible for providing the necessary receipts and other supporting documentation for such costs.

In this Fee Policy, compensation means any amount that Airlate receives, or contributes to the customer receiving, from the airline or another party liable to pay, in connection with the customer's compensation claim. Compensation includes, among other things, standardised compensation under EU261, compensation under other applicable air passenger rights legislation, reimbursement of expenses and other financial claims that Airlate successfully recovers on the customer's behalf. Fees are calculated only on amounts actually paid or credited to the customer. Counsel and litigation costs under section 4.4 do not, however, constitute compensation under this definition.

3. Free assessment and handling

The customer pays nothing for Airlate to assess or handle the customer's compensation claim.

Under section 6 of Airlate's General terms, the customer is responsible for ensuring that the information provided is accurate, complete and truthful. The consequences of the customer providing incorrect, incomplete or misleading information are set out in sections 6 and 9 of the General terms and in section 4.3 of this Fee Policy.

If no compensation is obtained from the airline, no service fee or additional fee is charged.

4. Fees

If Airlate successfully obtains compensation for the customer, Airlate is entitled to the following fees.

All fees are calculated on the compensation amount that the customer actually receives or is credited through Airlate's work, regardless of whether payment is made to Airlate, directly to the customer or through another payment solution. This includes compensation under EU261 or other applicable air passenger rights legislation as well as compensation for expenses, costs or other financial claims that Airlate successfully recovers on the customer's behalf.

4.1 Service fee

If Airlate obtains compensation through contact and negotiation with the airline, a service fee of 25% of the compensation amount obtained is charged, including VAT.

4.2 Fee for legal action

If Airlate takes legal action or engages an external party to pursue the case beyond ordinary handling with the airline, for example through a court, a national supervisory authority, alternative dispute resolution or another competent external body, Airlate is entitled to an additional fee of 15% of the compensation amount that the customer receives or is credited, including VAT.

This fee is charged only if Airlate succeeds in obtaining compensation.

4.3 Legal costs

Airlate pays the costs that Airlate incurs in pursuing the compensation claim, such as counsel costs and application fees. Airlate pursues the claim, including in court, for as long as those costs can reasonably be expected to be covered by the fee or fees that Airlate is entitled to under this Fee Policy. Airlate shall keep all litigation costs as low as possible.

If Airlate does not succeed in obtaining any compensation, the customer is not charged these costs, provided that the customer has submitted a correct, complete and valid compensation claim and has cooperated in the handling of the case by providing the details, documents and information that Airlate reasonably requests in order to be able to handle the compensation claim.

Airlate is entitled to charge the customer costs incurred in pursuing the customer's compensation claim, where those costs have arisen as a result of the customer's intentional or negligent conduct, for example if the customer has provided incorrect, incomplete or misleading information or documents. This also includes, but is not limited to, costs or other financial loss that Airlate may be ordered to pay to the airline or another counterparty as a result of the compensation claim having been pursued on the basis of such incorrect or deficient information.

If the costs can be expected to exceed the fees, Airlate is entitled to withdraw from the engagement as the customer's representative. Airlate shall then notify the customer in writing in good time beforehand.

The customer is responsible for litigation costs that a court orders the customer to pay to the airline or another counterparty, and for costs arising after Airlate has withdrawn from the engagement as the customer's representative. Before Airlate brings court proceedings in the customer's name, Airlate shall inform the customer of this risk.

Airlate's right to fees under this Fee Policy is not affected.

4.4 Counsel and litigation costs

If, under a judgment, decision, settlement or other resolution, the airline is to pay counsel costs, litigation costs, application fees or other costs incurred in pursuing the case, such amounts shall accrue in their entirety to Airlate.

These amounts do not form part of the compensation due to the customer under EU261 or other applicable air passenger rights legislation.

4.5 When the fee falls due

Airlate's right to the service fee and any fee for legal action arises when compensation or other payment relating to the customer's compensation claim has been paid by the airline or another party liable to pay, regardless of whether payment is made directly to Airlate or directly to the customer.

If Airlate succeeds in obtaining only part of the compensation amount or the costs claimed, Airlate's fees are calculated only on the amount actually obtained.

5. Payout of compensation

5.1 Payout via Airlate

In most cases the airline pays the compensation directly to Airlate.

Once Airlate has received the compensation, the customer's share is paid out after deduction of the applicable fees under this Fee Policy. Payout is made to the bank account or other payment solution specified by the customer. The customer is responsible for ensuring that the payment details provided are correct and up to date.

In connection with the payout, Airlate shall provide a statement showing:

• the compensation amount received from the airline,
• any compensation for expenses or other costs,
• any currency conversions,
• the deduction for the service fee,
• the deduction for any fee for legal action,
• the value added tax included in the fees, and
• the net amount paid out to the customer.

5.2 Direct payment from the airline

If the airline pays the compensation directly to the customer, the customer is obliged to inform Airlate of the payment without undue delay. The customer shall also, without undue delay, inform Airlate if the customer receives any other payment, refund, credit or other financial benefit from the airline relating to the same compensation claim.

The customer shall, no later than 14 days after the customer has received or been credited the compensation or other payment, pay Airlate's service fee, any additional fee for legal action and applicable value added tax.

If the airline pays directly to the customer amounts that, under this Fee Policy, a judgment, decision, settlement or other resolution, are to accrue to Airlate (including counsel costs, litigation costs, application fees, interest or other costs), the customer shall forward such amounts to Airlate within the same period.

If the customer does not, within this period, pay or forward amounts that, under this Fee Policy, a judgment, decision, settlement or other resolution, are to accrue to Airlate, Airlate is entitled to default interest under the Swedish Interest Act from and including the fifteenth (15th) day after the customer received or was credited the compensation or other payment.

5.3 Currency

If the compensation is received or paid out in a currency other than the customer's payout currency, currency exchange may affect the final amount paid out to the customer.

Airlate is not responsible for exchange rates or for fees charged by banks or payment intermediaries. Any fees charged by the customer's bank or payment intermediary are borne by the customer.

6. Value added tax

All fees under this Fee Policy include applicable value added tax (VAT), unless otherwise expressly stated.

7. Changes

Airlate reserves the right to amend this Fee Policy.

The version of the Fee Policy in force when the customer enters into an agreement with Airlate shall apply to the engagement in question, unless the amendment follows from mandatory law or otherwise follows from the customer's express approval.