Flights Compensation is a trading style of Flights Compensation Limited which is a company registered in Ireland at 5 Charter House, Pembroke Row, Dublin 2.
Company Registration number: 578625
VAT Registration number: 3413680IH
Flights Compensation Limited operate as introducers to Stanton Fisher Limited whose terms and conditions for the purposes of processing flight delay Claims are listed below.
1.1 ‘Airline’ means the Airline/Carrier/Representative and/or any other entity to whom the Letter of Authority is addressed, being the organisation (to include all of their employees, directors, agents, representatives and/or associates) that the Client(s) holds responsible for their Flight Delay and/or Flight Cancellation.
1.2 ‘Claim’ means the Client’s contemplated action (including referral to the relevant Aviation Authority and/or the issue of Court proceedings) against the Airline for Compensation relating to their Flight Delay and/or Flight Cancellation which is detailed within the Letter of Authority.
1.3 ‘Client’ means the passenger of the Airline that has suffered a Flight Delay and/or Flight Cancellation and is authorised to appoint Stanton Fisher to act on his/her/their behalf in respect of the Claim.
1.4 ‘Client Portal’ means the optional client portal (which is a secure internet site) provided by Stanton Fisher to permit easy and secure electronic transfer of documents and information between the Client and Stanton Fisher.
1.5 ‘Compensation’ means any sums paid or awarded to the Client in the Claim, including cash payments, refunds, vouchers, discounts, alternative flights or any other financial benefit and including any interest.
1.6 ‘Fee’ means the agreed fee of 33% of the gross Compensation (including all taxes where applicable), payable to Stanton Fisher for the Services carried out by it. For example, if we recover €600 gross compensation for you, our fees would be €198.00. This Fee becomes payable by the Client immediately upon receipt of an award of Compensation.
1.7 ‘Cancellation Fee’ means the fee payable by you in the event that you cancel your instructions after the expiration of the “cooling off period” but before we have succeeded in obtaining an offer of Compensation. This Cancellation Fee is fully detailed within your Client Care Letter. Should you cancel your instructions after an offer is received, the Fee set at Clause 1.6 is payable.
1.8 ‘Client Care Letter’ means our initial letter that accompanies these Terms of Engagement and sets out confirmation of the Clients’ instructions, details of the Fee that is payable by the Client and all relevant information relating to the conduct of the Claim.
1.9 ‘Flight Cancellation’ means a cancelled flight that meets the requirements of EU Regulation 261/2004.
1.10 ‘Flight Delay’ means a delayed flight that meets the requirements of EU Regulation 261/2004.
1.11 ‘Letter of Authority’ means the signed letter from the Client to be sent by Stanton Fisher to the Airline giving Stanton Fisher the Client’s authority to act in the Claim.
1.12 ‘Stanton Fisher’ means Stanton Fisher Limited, a claims management company of Dalton House, Dane Road, Sale, Manchester, M33 7AR.
1.13 ‘Services’ means the services provided to the Client by Stanton Fisher and/or its agents including making the Claim for Compensation from the Airline.
1.14 ‘Terms’ means these Terms of Engagement
2.1 By completing, signing and returning these Terms of Engagement and Letter of Authority, electronically or otherwise, the Client hereby agrees to be bound by these Terms and appoints Stanton Fisher to assess, pursue and if reasonably possible to complete the Claim.
2.2 By completing and signing the Letter of Authority the Client gives to Stanton Fisher his/her/their consent and full authority to obtain all relevant information and deal with the Airline on the Client’s behalf until the conclusion of the Claim.
2.3 You are aware that you could complain directly to the Airline at no cost and/or make a complaint to the relevant Aviation Authority, but herby confirm your instructions to pursue your Claim using Stanton Fisher.
2.4 The presentation of services provided by Stanton Fisher on their website and/or in any other marketing material does not represent a binding offer to conclude a contract.
3.1 Will deal promptly with every reasonable request by Stanton Fisher and their agents for authority, information, documents and further instructions that they may, from time to time, require. If the Client fails to respond to any reasonable request and/or to follow the reasonable advice of Stanton Fisher then Stanton Fisher can cancel the claim and the client will be liable for payment of the Cancellation Fee.
3.2 Will promptly inform Stanton Fisher of any relevant matters affecting the claim.
3.3 Will be liable for the Fee as set out at 1.6 and Clause 5.
3.4 Will immediately inform Stanton Fisher if the Airline pays the Client(s) directly and forward the Fee to Stanton Fisher.
3.5 Authorises the Airline to pay the Compensation to Stanton Fisher and for Stanton Fisher to retain the Fee before remitting the balance to the Client.
3.6 Gives the right to Stanton Fisher to deal exclusively with the Claim either by itself or through appointed solicitors. The Client will not instruct any other representative nor pursue their Claim themselves against the Airline without first terminating these Terms in accordance with clause 5.
3.7 For the avoidance of doubt the Client will not be liable for any charge in respect of the Claim if Stanton Fisher decide not to pursue the Claim or if the Claim is pursued and the Airline pays no Compensation (other than in accordance with Clause 3.1).
3.8 Agrees not to accept Compensation in the form of vouchers, discounts or any other non-cash alternative from the Airline. If Compensation is accepted by the Client in breach of this clause and is paid in a non-cash form, then the Client is still liable for the Fee which will be calculated based upon the equivalent cash value of the Compensation award received from the Airline.
3.9 Confirms that if they provide details to Stanton Fisher of any friends, family members or any other person who they advise wants to pursue a Claim themselves, then the Client confirms that they have the express consent from this person to do so and further that this individual has provided their consent to be contacted by Stanton Fisher.
4.1 Rely on the information and documents provided by the Client as being true, accurate and so far as possible complete.
4.2 Use its reasonable endeavours to obtain the maximum Compensation for the Claim.
4.3 Promptly notify the Client if the Claim is not to be pursued. Stanton Fisher shall at its discretion decide whether or not it will proceed with the Claim at any time but will act reasonably in taking any such decision.
4.4 Promptly notify the Client of the outcome of the Claim.
4.5 As soon as is reasonably practicable following the settlement of a Claim and the receipt by it of Compensation pay the Client the balance due after deducting the Fee.
4.7 Any claim by way of indirect, special or consequential damage arising out of any act or omission or commission by Stanton Fisher is specifically excluded.
5.1 Commencing on the date you sign these Terms of Engagement you have 14 days to cancel your authority instructing Stanton Fisher to act on your behalf (‘Cooling-off Period’). To exercise your right to cancel you must inform us of your decision to cancel by making a clear statement by letter, email, telephone or you can also use the cancellation form attached (but you are not obligated to use this.) If you provide your notice of cancellation in writing, please ensure this is sent to Stanton Fisher Ltd, Dalton House, Dane Road, Sale, Manchester, M33 7AR and we would strongly advise you to retain proof of postage of this notice.
5.2. You may cancel this Agreement by giving notice in writing to Stanton Fisher at any time. However, if you cancel this Agreement outside of the Cooling-off Period at clause 5.1 you may be responsible for payment of our fees. If we have not succeeded in obtaining an offer of Compensation by the date of cancellation we will charge you a Cancellation Fee for the work done in dealing with the Claim which will be reasonable and reflect the work done in accordance with our Scale Of Fees, details of which are provided within your Client Care letter, together with any actual expenses (such as Data Subject Access Request fees) which we have incurred on your behalf up to the date of any cancellation. If we have succeeded in getting an offer of Compensation by the date you cancel then it is the Fee detailed in 1.6 of these Terms that is payable by you.
5.3 If Stanton Fisher terminates this agreement on the grounds of your failure to deal promptly with any request for information as set out at point 3.1, you will be responsible for payment of the Fee in the event that an offer of Compensation has been made.
6.2 Full details of Stanton Fisher’s internal complaints handling procedures are available upon request and via our website at www.stantonfisher.co.uk/StantonFisher_Complaints_ Procedure.pdf. We have eight weeks to consider your complaint. If we are unable to resolve your complaint then you can have the complaint independently looked at by the Legal Ombudsman. The Legal Ombudsman investigates complaints about poor service from claims management companies. The Legal Ombudsman can investigate complaints up to six years from the date of the problem happening or within three years of when you found out about the problem. Ordinarily, the act or omission, or when you should reasonably have known there was cause for complaint, must have been after 5 October 2010. If you wish to refer your complaint to the Legal Ombudsman this must be done within six months of our final response to your complaint. If you would like more information about the Legal Ombudsman their contact details are as follows: Visitwww.legalombudsman.org.uk/cmc Call 0300 555 0333 between 8.30am to 5.30pm. Calls to 03 numbers will cost no more than calls to national geographic numbers (starting 01or 02) from both mobiles and landlines. Calls are recorded and may be used for training and monitoring purposes. For minicom call 0300 555 1777 Email email@example.com Legal Ombudsman, PO Box 6804, Wolverhampton, WV1 9WG. Do not send original documents to the Legal Ombudsman. They will scan any documents you send us to make computer copies and then destroy the originals.
6.3 Stanton Fisher is regulated by the Claims Management Regulator in respect of regulated claims management activities.
6.4 Time limits apply to pursuing a flight delay compensation claim and it is important that you make a claim within 6 years from the date of your flight delay/cancellation. (If you are uncertain or suffered a flight delay/cancellation more than 6 years ago, please send your claim to us and we will advise you whether it will be possible to make a Claim. In accordance with 3.7, the Client will not be liable for any charge in respect of the Claim if Stanton Fisher decide not to pursue the Claim or if the Claim is pursued and the Company pays no Compensation.)
6.5 Please note that Stanton Fisher will use the postal services of TNT Processing Centre at Unit 3A Festival Way, Festival Leisure Park, Basildon, Essex, SS14 3WB to ensure you receive the most expedient service possible and by signing these Terms you confirm that you have no objection to this. If you do have any objection to post related to your claim being processed in this manner, please contact our offices as soon as you receive these Terms.
6.6 Please note that Stanton Fisher may use the services of an associated company in Spain to undertake some of our processes, which will involve the transfer of your personal data to Spain. Spain is subject to the EU Data Protection Directive and has its own laws in place to protect your data. You may receive contact from an operative in Spain during the course of your claim. If you have any objection to your claim being handled in this manner, please contact our offices as soon as you receive these terms.
7.1 Stanton Fisher provides an optional Client Portal to permit easy and secure electronic transmission of documents and information between the Client and Stanton Fisher. Stanton Fisher has sole discretion to decide which types of documents and information can be uploaded or viewed on the Client Portal.
7.2 The Client Portal is offered to you conditionally upon your acceptance of these Terms. By using the Client Portal you agree to these Terms. Stanton Fisher may modify, suspend, discontinue or restrict the use of any part of the Client Portal without notice or liability.
7.3 Stanton Fisher will use its best efforts to provide 24 hour daily availability of the Client Portal. However, Stanton Fisher makes no representation or warranty that 24 hour service will be available. The Client agrees and acknowledges that the Client Portal will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures. Stanton Fisher shall not be responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to the Client Portal. Stanton Fisher is not responsible for any problems or technical malfunctions of any telephone or fibre network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail to be received by Stanton Fisher on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to your computer or peripherals related to downloading any materials in from the Client Portal.
7.4 Using the Client Portal and its related services requires the use of a user name and password. You acknowledge that the username and password is an adequate form of security. The confidentiality of the user name, password and account itself are the responsibility of the Client. Any activities that occur under Client’s accounts are their responsibility. You agree to notify Stanton Fisher immediately of any unauthorized use of accounts or any other breach of security. The use of another person’s username and password is expressly prohibited.
7.5 Stanton Fisher will use its best efforts to make the Client Portal secure from unauthorized access. Communication between the Client Portal and the Stanton Fisher server is encrypted. The Client Portal server operating system and applications software will be updated and virus-scanned regularly. However, you recognize that no completely secure system for electronic data transfer has yet been devised. Stanton Fisher makes no warranty regarding the efficacy of the security of the client portal and shall never be liable for any claimed actual or consequential damages arising from any breach or alleged breach of the security of the client portal.