Airlate – General terms

1. About Airlate

These general terms (the “Terms”) govern the contractual relationship between Airlate (“Airlate”, “we”, “us”) and the person (the “Customer”, “you”) who uses Airlate’s services.

By submitting a compensation claim via Airlate’s website or otherwise engaging Airlate, the Customer accepts these Terms as well as Airlate’s Engagement Agreement, Fee Policy and Privacy Policy. Together, these documents constitute the entire agreement between the Customer and Airlate.

If any provision of the Fee Policy conflicts with these Terms, the Fee Policy prevails on matters concerning fees, payment and disbursement.

2. Definitions

In these Terms, the following words have the following meanings:

• Airlate – Jaksenvest Global AB, Swedish company registration no. 559413-0543, which operates the business and the platform provided via www.airlate.com under the Airlate brand.
• Customer – the natural or legal person who engages Airlate.
• Airline – the air carrier or other party liable to pay that is responsible for the flight or the compensation in question.
• Compensation claim – any claim for financial compensation, refund or other payment under EU261 or other legislation on air passenger rights that Airlate offers to handle.
• Compensation – as defined in Airlate’s Fee Policy.
• the Engagement – Airlate’s undertaking to assess and handle, and where Airlate considers it appropriate, to pursue the Customer’s compensation claim.

3. Formation of the agreement

The agreement between the Customer and Airlate is formed when the Customer submits a compensation claim and accepts these Terms and the Fee Policy.

Airlate is entitled to decline an engagement before handling has begun, without giving reasons.

A submitted compensation claim does not oblige Airlate to pursue the case further.

4. Scope of the Engagement

Airlate undertakes to assess the Customer’s compensation claim and, if Airlate considers that there are reasonable prospects of success, to pursue the case against the Airline or other party liable to pay.

Airlate decides for itself how the Engagement is to be carried out and which measures are appropriate to protect the Customer’s interests.

Handling may include, among other things:

• contact and negotiation with airlines,
• putting the claim,
• communication with national supervisory authorities,
• alternative dispute resolution,
• court proceedings,
• enforcement measures,
• settlement negotiations,
• and other legal or administrative measures that Airlate considers appropriate.

Airlate is entitled to engage advocates, lawyers, debt-collection agencies, partners or other external representatives to carry out all or part of the Engagement.

Airlate does not guarantee that compensation will be obtained.

Airlate is not obliged to commence or continue legal measures if Airlate considers that the prospects of success are limited or that the costs, risks or workload are not reasonably proportionate to the expected compensation.

Airlate is entitled to terminate or discontinue an engagement at any time if Airlate considers that continued handling is not possible, appropriate or commercially justified, or if the Customer does not, or can be assumed not to, meet their obligations under these Terms or the Fee Policy.

Airlate is not liable for decisions, assessments, priorities or other measures that Airlate takes within the handling of the Engagement, provided that they have been taken in good faith and in accordance with these Terms. The Customer is not entitled to damages or other compensation from Airlate on account of Airlate’s commercial assessments, priorities or choice of handling measures, unless otherwise required by mandatory law.

If Airlate terminates or discontinues an engagement before any compensation has been obtained, the Customer is not entitled to compensation, damages or other remuneration from Airlate on account of the engagement being ended.

A decision to end the Engagement does not affect Airlate’s right to compensation, fees or reimbursement of costs under these Terms or the Fee Policy.

5. Authorisation

In order for Airlate to represent the Customer, the Customer may need to sign a power of attorney or otherwise provide a valid authorisation. The Customer undertakes to sign, without undue delay, the powers of attorney or other documents that Airlate reasonably requests.

The Customer accepts that powers of attorney and other documents may be signed electronically where Airlate offers such an option.

If the compensation claim concerns several persons, the Customer is responsible for having authority to represent those persons, or for each person concerned providing the necessary authorisation.

Through the authorisation, the Customer gives Airlate the right, to the extent required to carry out the Engagement, to:

• represent the Customer towards airlines and other parties concerned,
• submit, supplement, amend and withdraw compensation claims,
• request documents and information,
• communicate with airlines, authorities, courts and alternative dispute resolution bodies,
• engage external representatives, advocates, lawyers and partners,
• receive payments on the Customer’s behalf where this is possible, and
• take other measures reasonably required to handle the case.

Under the Engagement Agreement, Airlate may negotiate and enter into binding settlements on the Customer’s behalf regarding the compensation claim covered by the Engagement. This includes the right to settle for a lower amount than the compensation originally claimed. When assessing whether a settlement should be entered into, Airlate shall act in the Customer’s interest and take into account, among other things, the prospects of obtaining compensation, the expected handling time and the costs and litigation risks involved in pursuing the claim further. Airlate shall seek to achieve the best possible outcome for the Customer in the circumstances of the individual case.

Airlate shall inform the Customer without undue delay of any settlement entered into.

The authorisation applies until it expires under the Engagement Agreement or the Engagement is ended or revoked in accordance with these Terms.

6. The Customer’s obligations

The Customer is responsible for ensuring that all information provided to Airlate is accurate, complete and truthful.

The Customer shall also:

• provide the details, documents and information that Airlate reasonably requests,
• cooperate in the handling of the case,
• without undue delay inform Airlate of circumstances that may affect the compensation claim,
• inform Airlate if the Customer receives compensation directly from the Airline or other party liable to pay,
• inform Airlate if the Customer has already engaged, or later engages, another party in respect of the same compensation claim,
• keep their contact and payment details up to date.

If the Customer fails to fulfil their obligations under these general terms, Airlate is entitled to pause the handling, request further information, end the Engagement and, where applicable, charge fees or other remuneration under Airlate’s Fee Policy, or claim compensation for loss arising from the Customer’s breach of contract, to the extent permitted by applicable law. This also includes costs incurred by Airlate as a result of the Customer having provided incorrect, incomplete or misleading information, including costs that Airlate is ordered to pay to an airline or other counterparty.

7. Communication with the Airline

When Airlate represents the Customer, Airlate shall, unless otherwise agreed, handle communication with the Airline regarding the compensation claim.

The Customer shall therefore not, without Airlate’s prior written consent:

• negotiate the compensation claim themselves,
• withdraw the compensation claim,
• accept or reject offers from the Airline,
• or otherwise take measures that may affect the handling of the case.

If the Customer nevertheless acts in a way that causes Airlate loss or unnecessary work, Airlate is entitled to remuneration under the Fee Policy and applicable law.

8. Revocation of the Engagement

The Customer is entitled to revoke the Engagement or the authorisation at any time by written notice to Airlate.

If the Customer revokes the Engagement and the conditions for such free cancellation under section 10 are met, no fee is charged.

If revocation takes place after the expiry of the voluntary 14-day period, Airlate’s right to fees under the Fee Policy applies.

Revocation does not affect Airlate’s right to fees already earned or other remuneration under the Fee Policy.

9. Airlate’s right to end the Engagement

Airlate is entitled to terminate or discontinue an engagement at any time if Airlate considers that:

• the compensation claim lacks, or has lost, reasonable prospects of leading to compensation,
• continued handling is not legally, practically or commercially justified,
• the Customer does not meet their obligations under these Terms or the Fee Policy,
• the Customer provides incorrect or misleading information,
• the Customer obstructs the handling,
• there is a conflict of interest or other circumstance that means Airlate should not continue the Engagement.

If Airlate ends the Engagement before any compensation has been obtained, the Customer is not entitled to damages, financial compensation or other remuneration from Airlate on account of the engagement being ended.

Airlate is not liable for a compensation claim becoming time-barred or otherwise being lost, provided that Airlate has taken reasonable measures to safeguard the Customer’s right to compensation. This applies in particular, but not exclusively, where the Customer submits a compensation claim close to the expiry of the limitation period, such that Airlate does not reasonably have the opportunity to take the necessary measures before the deadline expires. Airlate is likewise not liable for a compensation claim becoming time-barred or otherwise being lost after the Engagement has ended.

10. Right of withdrawal

If the Customer is a consumer and the agreement has been concluded at a distance, the right of withdrawal under applicable consumer legislation applies. Full information about that right (the period, when it starts and how it is exercised) is available at Withdraw from contract, and is also provided in the confirmation sent after submission.

By submitting their case, the Customer expressly requests that Airlate begin performing the service immediately, before the withdrawal period has expired.

If the Customer exercises their statutory right of withdrawal, what follows from applicable consumer legislation applies.

In addition to any statutory right of withdrawal, Airlate offers the Customer the option to revoke their engagement free of charge within fourteen (14) days of the day the agreement was concluded. This option applies, however, only provided that Airlate has not, before then, secured or is about to secure any compensation on the Customer’s behalf, for example by the Airline having accepted the compensation claim, entered into a settlement or paid out compensation. This is a voluntary offer from Airlate and does not affect the Customer’s rights under applicable consumer legislation.

If the service is performed during the statutory withdrawal period, the Customer’s statutory right of withdrawal may cease to the extent that follows from applicable consumer legislation.

11. Disbursement of compensation

Disbursement of compensation, Airlate’s fees and other payment terms are governed by Airlate’s Fee Policy as in force from time to time.

The Customer is responsible for ensuring that the payment details provided to Airlate are correct and current. Airlate is not liable for delays caused by incorrect payment details provided by the Customer.

If the Customer fails to provide the necessary payment details within a reasonable time of Airlate’s request, Airlate is entitled to withhold disbursement until correct details have been received.

12. Personal data

Airlate processes personal data in accordance with applicable data protection legislation, including Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), and Airlate’s Privacy Policy.

The Customer is responsible for ensuring that the personal data provided to Airlate is accurate and may only provide data about other persons if the Customer is entitled to do so.

13. Intellectual property rights

All intellectual property rights relating to Airlate’s website, systems, software, databases, trade marks, logos, texts, images and other material belong to Airlate or its licensors.

Nothing in these Terms means that the Customer acquires any intellectual property right beyond the limited right required to use Airlate’s services.

14. Limitation of liability

Airlate’s liability is limited to direct loss caused through breach of contract or negligence on Airlate’s part.

Airlate is not liable for, among other things, the following:

• decisions or omissions by airlines, authorities, courts or other third parties,
• delays caused by third parties,
• changes in legislation or administrative practice,
• exchange-rate movements,
• charges levied by banks, payment intermediaries or other external actors,
• indirect loss, loss of profit, lost business opportunity or other consequential loss.

Airlate is likewise not liable for whether a compensation claim leads to compensation, or for the size of the compensation ultimately paid by the Airline or other party liable to pay.

Airlate’s aggregate liability is in all circumstances limited to an amount corresponding to the compensation the Customer would have been entitled to receive in the relevant case from the relevant Airline or other party liable to pay.

Nothing in these Terms shall limit liability that may not be limited under mandatory law.

15. Force majeure

Airlate is not liable for delay or failure to perform its obligations if this is due to circumstances beyond Airlate’s reasonable control.

Such circumstances include, among other things:

• war,
• terrorism,
• riots,
• natural disasters,
• pandemic or epidemic,
• widespread outbreaks of disease,
• strikes or other labour disputes,
• government decisions,
• power outages,
• disruptions to the internet or electronic communications networks,
• cyberattacks or cyber incidents,
• or other similar circumstance that Airlate could not reasonably have foreseen or avoided.

If a force majeure situation lasts longer than six (6) months, Airlate is entitled to end the Engagement without any obligation to pay compensation to the Customer.

16. Amendments

Airlate is entitled to amend these general terms.

For engagements already entered into, the version of the Terms that the Customer accepted when the agreement was concluded applies, unless the amendment follows from mandatory law or has been expressly accepted by the Customer.

The latest version of the Terms is always available on Airlate’s website.

17. Assignment

Airlate is entitled to assign, in whole or in part, its rights and obligations under these Terms to another company within the same group or to another party in connection with a transfer of all or part of Airlate’s business.

The Customer may not assign their rights or obligations under the agreement without Airlate’s written consent.

18. Notices

Notices between the Customer and Airlate may be sent by email, through Airlate’s website or other electronic communication channel that Airlate provides.

Notices are deemed to have reached the recipient no later than two (2) business days after the notice was sent to the most recently provided email address or other electronic contact channel that the recipient has designated or provided, unless otherwise shown.

19. Invalidity

If any provision of these Terms is found, in whole or in part, to be invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions.

The invalid provision shall be replaced by a valid provision that, so far as possible, achieves the same purpose.

20. Governing law and disputes

These Terms shall be interpreted and applied in accordance with Swedish law.

If the Customer is a consumer resident in another country within the European Economic Area (EEA), this does not affect the rights the Customer has under mandatory legislation in their home country.

The parties shall first seek to resolve disputes through negotiation.

If a dispute cannot be resolved through negotiation, it shall be determined by a competent court under applicable law and applicable international rules on the jurisdiction of courts.

If the Customer is a consumer, the Customer may also be entitled to have the dispute examined by a competent alternative dispute resolution body, such as the Swedish National Board for Consumer Disputes (ARN), where such an option exists under applicable law.