In these terms and conditions (T&C), the defined terms below shall have the following meaning:
1.1 “Agreement”: an agreement between a Client and Fly-Fine that is reached after the acceptance of these T&C by the Client.
1.2 “Fly-Fine”: Loebel y González S.A., a Chilean public limited company, RUT 76.922.630-3.
1.3 “Air Passenger Rights Regulation”: any law, regulation, directive or similar, whether issued on a state, federal, EU, national or regional level, that establishes rules on monetary compensation to passengers in the event of overbooked, delayed or cancelled flights.
1.4 “Claim”: any claim against an airline for monetary compensation pursuant to Air Passenger Rights Regulation.
1.5 “Client(s)”: person(s) that has accepted these T&C.
1.6 “Flight Compensation”: total amount of money to be paid by an airline pursuant to a court order or decision by another empowered authority or offered as payment by an airline, whether as compensation, agreement, gesture of goodwill or otherwise, arising from any actions made by Fly-Fine in relation to a Claim. Flight Compensation do not include any payments of court fees, collection cost, interests or similar, which payments shall belong solely to Fly-Fine.
1.7 “Regulation 261/04”: Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated February 11th 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding, cancellation or long delays of flights.
2.1 When contacting Fly-Fine to pursue the Client’s Claim, the Client automatically and simultaneously accepts these T&C.
2.2 Fly-Fine is authorized to represent the Client in all aspects of collecting Claims from the airline. Fly-Fine is authorized through a power of attorney to undertake all appropriate legal – judicial and extrajudicial – measures to collect the Claim on behalf of the Client. Fly-Fine is authorized through power of attorney to collect and receive payments on the Client’s behalf. Fly-Fine is expressly authorized through power of attorney to initiate, conduct and undertake every type of negotiations as well as legal proceedings on Clients’ behalf and to represent the Client legally before all third parties. Fly-Fine is authorized through power of attorney to obtain every type of information required, as well as to initiate information requests with respect to any civil or administrative law proceeding and to initiate complaints with the respective bodies responsible for the enforcement of Regulation (EC) No. 261/2004 on Clients’ behalf.
2.3 An Agreement will only be established if Fly-Fine accepts to pursue the Client’s Claim. Fly-Fine is entitled to refuse to pursue any Claim without reason. In case of a refusal, Fly-Fine will notify the Client this refusal.
2.4 By entering into an Agreement with Fly-Fine, the Client warrants that he/she is authorized and has legal capacity to enter into the Agreement.
2.5 The Client acknowledges that Fly-Fine only assists him/her in seeking Flight Compensation. The Client agrees that Fly-Fine will not accept travel vouchers and/or other services as Flight Compensation and that such offer from airlines will be considered as refusal of payment.
2.6 The Client warrants that the Claim has not been assigned to third parties and no legal dispute is pending or expected between the Client and the airline in the same matter.
2.7 If the Client has indicated fellow travellers in the process of accepting the Claim, the Client warrants that he/she is also entitled to represent the fellow travellers.
2.8 Warranty of direct contact from the airline. If the Client receives any direct payment or any other compensation from the airline concerned after entering into an Agreement with Fly-Fine, the Client is obliged to advise Fly-Fine immediately.
2.9 After instructing Fly-Fine to act on his/her behalf, the Client is be obliged to cease negotiations with the airline concerned and to address any direct contact made by the airline to Fly-Fine, in order to ensure that Fly-Fine achieves the best result possible.
2.10 After entering into an Agreement with Fly-Fine, the Client may not engage any other party to pursue the Claim.
2.11 The Client has the right to withdraw her/his power of attorney at any time. The withdrawal must be addressed to info@fly-fine.com.
2.12 If the Client accepts a direct payment or any other kind of compensation from the airline or withdraws her/his power of attorney after Fly-Fine has initiated any legal proceedings for such Claim, the Client shall reimburse Fly-Fine’s external costs, including the attorney fees that may been incurred in this process.
2.13 The Agreement terminates:
i) when the Compensation has been accepted by Fly-Fine, paid in full to Fly-Fine by the airline and transferred to the Client after deduction of the applicable fees, or
ii) when Fly-Fine establishes that it would be futile to continue pursuing the Claim after conducting an in-depth review of the case and advises the Client that such Claim will not be pursued.
If Fly-Fine gets to know new circumstances that may improve the success possibilities of a Claim previously considered as futile and the Agreement has been terminated, Fly-Fine will ask the Client to renew the Agreement.
2.14 Fly-Fine is entitled to terminate the Agreement with immediate effect in case of a Client’s rude behaviour, such as using inappropriate language or hate speech, intimidating, harassing or showing disrespect, discriminating or any similar wrongdoing.
3.1 Fly-Fine asserts the Client’s Claim for Compensation on the basis of Regulation 261/2004 or any other Air Passenger Rights Regulation in force applicable to the Client’s particular air transport.
3.2 Flight data and information should be submitted to Fly-Fine via website, mobile apps, email, other electronic or software solutions supported by Fly-Fine or phone. Once a Claim is received, Fly-Fine starts a research to confirm the flight information and verify the flight data. If this evaluation
proves that the Claim is sufficiently promising, Fly-Fine informs the Client that her/his Claim has been accepted.
3.3 To assert the Client’s Claim successfully, Fly-Fine needs the Client’s power of attorney signed before the Spanish Consulate, which she/he should send to Fly-Fine at the postal address indicated by email. Once the Client’s power of attorney is received, Fly-Fine requests the airline for the Compensation’s payment and processes all further correspondence.
3.4 If the airline fails to pay Flight Compensation within a reasonable period, Fly-Fine will transfer the Claim to an attorney to start legal proceedings to pursue the Claim.
3.5 A contracted legal representative may initiate legal proceedings on the Client’s behalf if the case can be asserted with adequate certainty. If the attorney comes to the conclusion that there are insufficient prospects of success, the Client will be advised about this and Fly-Fine will take no further action. The Client will not be entitled to request a more detailed account of the reasons for the decision.
3.6 Fly-Fine shall not be liable for any amount of compensation, damages for loss of opportunity or similar, including, but not limited to, Claims falling for a statute of limitation, if the Client has been advised about the closure of case due to insufficient prospects of success according to paragraph 3.5.
3.7 If the attorney institutes legal proceedings to pursue a Client’s Claim, Fly-Fine will assume any costs incurred in the event the lawsuit is lost. In the event the lawsuit is won, or a settlement has been reached between the airline and Fly-Fine, Fly-Fine will cover any costs incurred that are not covered by the airline.
3.8 The Client acknowledges that it is the sole decision of Fly-Fine to accept any settlement offer. Fly-Fine may reject any settlement offer for any reason. Likewise, it is Fly-Fine’s decision to determinate the amount of a lawsuit.
3.9 Fly-Fine shall not be liable for any amount of compensation, damages for loss of opportunity or similar, including, but not limited to, Claims falling for a statute of limitation, if Fly-Fine has accepted or rejected a settlement offer according to paragraph 3.8.
3.10 Services delivered to the Client shall be considered delivered by the relevant Fly-Fine entity that in fact delivers the services.
4.1 Fly-Fine pursues the Client’s Claim free of charge, excluding the costs of conferring the power of attorney. If Fly-Fine is successful in collecting Flight Compensation, Fly-Fine will charge a representation fee of 25% of the amount in fact obtained for the client, plus taxes.
4.2 If the Client accepts any type of compensation (including travel vouchers) directly from the airline after Fly-Fine has accepted to pursue the Client’s Claim against the airline, the Client undertakes to pay Fly-Fine a compensation equal to the Service Fee otherwise applicable to such Claim, as it had been successfully collected in full by Fly-Fine.
4.3 The payment of Flight Compensation, after deducting the representation fees and taxes will be transferred only to the person who signed the power of attorney.
4.4 The Client will be liable for all costs related to the national or international bank transfers.
4.5 Payment to the Client can be only done in Chilean Pesos or Euros.
4.6 If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to Fly-Fine, Fly-Fine is entitled to deduct all external cost imposed to Fly-Fine.
4.7 Once Fly-Fine has paid the Flight Compensation pursuant to the instruction of and method selected by the Client, Fly-Fine shall not be liable for:
i) checks, prepaid debit cards, credit cards and similar lost in transit to the Client;
ii) any effect of the Client giving wrong bank account information, wrong address or similar, including, but not limited to, the Flight Compensation being paid to the wrong receiver. If the Flight Compensation has been paid to a wrong receiver, Fly-Fine shall not be obligated to actively reclaim it.
4.8 The period between the payment to Fly-Fine and the reception of the compensation’s payment by the Client will not accrue interests of any kind.
4.9 No invoice related to the services given and fees charged will be provided as default, but it can be requested by the Client.
4.10 Fly-Fine shall not be liable for any amount of compensation, damages or similar, if Fly-Fine is restrained to transfer the payment to the Client by an event beyond its control including without limitation, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood and storm.
PRIVACY STATEMENT OF FLY-FINE
Fly-Fine considers of the utmost importance to the processing of the personal data it receives, either directly or through the online forms available on the website www.fly-fine.com, and provides them with adequate treatment, guaranteeing their care and confidentiality. Therefore, it undertakes to follow the European data protection legislation, Regulation EU 2016/679, which maintains existing rights under Directive 95/46/EC and which also creates new rights.
YOUR RIGHTS
i. Right of access: you have the right to obtain Fly-Fine's confirmation of the storage of your personal data, as well as to access and obtain a copy of them.
ii. Right to rectification: you have the right to request the rectification of your personal data if you so wish.
iii. Right of erasure: you have the right to request the erasure of your data when it is no longer adequate, necessary or relevant for the purposes for which it was submitted, except when required by law.
iv. Right to object: you have the right to object to the processing of your personal data, for reasons relating to your particular situation, in which case Fly-Fine will cease to process such data, except in cases where there are compelling legitimate reasons, or for the formulation, exercise or defence of claims.
v. Right to restriction of processing: Fly-Fine may only process your data, with the exception of its retention, for the exercise or defence of the claim entrusted, for the protection of third party rights or for reasons of public interest.
vi. Right to data portability: if you consent or request it in writing, you have the right to let Fly-Fine provide your personal data to third parties in a structured format.
FLY-FINE'S TREATMENT OF PERSONAL DATA
i. The personal data that the user provides to Fly-Fine by any means will be treated exclusively for the defence of his/her rights as an air passenger and the tasks associated with the service that constitutes the object of the Terms & Conditions detailed on the website www.fly-fine.com.
ii. Fly-Fine has adopted security mechanisms and implemented the technical means at its disposal to prevent the loss, unauthorized access and theft of personal data received.
iii. Fly-Fine will not give personal data to third parties, except in cases where the law so requires and in cases where it is necessary for the proper provision of the service entrusted for claiming rights before airlines.
iv. Fly-Fine does not use cookies on its website nor does it collect data from users other than those who are voluntarily submitted through the forms on the website www.fly-fine.com
v. It is the user, and not Fly-Fine, who is responsible for the truthfulness and accuracy of the data provided, being solely responsible for any damage or injury, direct or indirect, that may occur as a result of the breach of such obligation. In the event that a user provides data belonging to another third party, it is the user who must inform this third party about the features contained in this Privacy Policy and, by submitting them, the user acknowledges and declares that he or she is in possession of the said third party's authorisation to provide his or her data to Fly-Fine.
vi. The responsibility for the implementation of the RGPD corresponds to the Data Protection Officer (DPO) of Fly-Fine. Users who provide their personal data to Fly-Fine have the right to access, rectify, cancel and exercise their rights to the personal data they have provided, by written request to the DPO to the email address info@fly-fine.com. The DPO will give them the requested treatment, committing itself to deliver a response to all requests in accordance with the current regulations.
vii. The personal data voluntarily provided by the users of the website through forms will be kept in the case of commissioning the representation to Fly-Fine, for the period of time necessary for the fulfilment of the professional assignment. Fly-Fine may subsequently retain this data in order to comply with legal obligations that require the retention of such data. If Fly-Fine is not entrusted for the representation of the user after the data has been submitted through the forms on the website, Fly-Fine will keep the data until the user withdraws his/her consent by sending a written message to info@fly-fine.com.
6.1 On request by Fly-Fine, the Client will provide Fly-Fine with all data or information that is required for the execution of the Agreement. The Client warrants that the data and information provided is correct, complete and true.
6.2 The Client agrees to fully indemnify Fly-Fine in all respects for all third-party claims including, but not limited to, incorrect Client communications, provision of incorrect data or information and fraudulent conduct.
6.3 In case of incorrect data or information and fraudulent conduct, Fly-Fine reserves the right to terminate the Agreement with immediate effect. If the Agreement is terminated in accordance with this paragraph, the Client will not have any right to compensation of any kind.
Fly-Fine’s liability towards the Client shall never exceed the value of the Claim submitted by the Client.
8.1 The competent court to resolve conflicts that may arise from this contact are the ones of Santiago de Chile and the applicable laws, the Chilean laws.
8.2 Should any provision of these T&C be or become void, illegal or unenforceable, this shall not affect the validity of the remaining provisions in any way whatsoever.
8.4 The Spanish version of these T&C shall prevail on any other language version.