General Conditions Aviaclaim B.V.

1 Aviaclaim

1.1	Aviaclaim B.V., hereafter Aviaclaim, executes its work exclusively according these General Terms and Conditions, unless agreed otherwise in writing. All offers, in whatever form made, are without obligations and are to be considered only as an invitation to give or commission an assignment.
1.2	Aviaclaim aims at collecting claims for its Client by means of out-of-court settlements or, if required by legal means. The Client bears at all times the costs and the risks of both out-of-court settlements and judicial actions.
1.3	Aviaclaim performs its activities to collect claims in good faith and fulfils at all times its obligation to perform to the best of its ability and will not be hold to obtain a certain result in any form whatsoever.
1.4	Aviaclaim is never obliged to accept collection activities offered and reserves the right to refuse claims or to terminate an assignment already accepted if the nature of the assignment or activities of the Client give cause for this.
1.5	The claims that are offered for collection remain at all times the Client’s claims.
1.6	After receipt of the assignment Aviaclaim is granted the full authority to perform all those legal actions which Aviaclaim deems appropriate or necessary. Consequently Aviaclaim can make legally valid settlements and has the right to split claims without prior consultation.
1.7	If it becomes evident that, in order to collect a claim, legal proceedings must be started, Aviaclaim will ask Client’s consent previously. Only after receipt of written consent of the Principal and receipt of signed authorization and payment on account, Aviaclaim will commence the legal proceedings. The costs of service by a bailiff and the court register fee are born by the Client.
1.8	Aviaclaim is at all times entitled to settle the case without the Client’s prior consent. If, during the execution of the activities, it becomes clear that the claim cannot be collected, the debt collecting activities can be terminated without the Client’s consent being needed.
1.9	Aviaclaim will keep all data provided by the Client confidential. Aviaclaim does not provide information regarding the assignment to third parties without the Client’s explicit written consent.

2 The Client

2.1

The Client should hand over the claims for collection to Aviaclaim including copies of all documents that could be of interest for the case, such as passport, tickets, reservation numbers, delay and cancellation statements, possible correspondence with the air flight company et cetera. Aviaclaim is not hold to verify the correctness of provided data and requires that the Client guarantees the correctness of provided data and information.

2.2

The Client will, after entering into an agreement with Aviaclaim concerning the claims, abstain of any correspondence or actions of any kind towards the air flight company. Should the Client receive correspondence or any other kind of documents, then the Client will put these in the possession and/or disposition of Aviaclaim.

3 Remuneration

3.1	Payments from air flight companies for the benefit of the Clients will be paid in the first instance into the account of the independent Foundation Management Third Parties Account Aviaclaim [Stichting Beheer Derdengelden Aviaclaim]. After receipt Aviaclaim will send the Client the final statement, deduct collection fee from the money collected and pay the remaining amount to the Client.
3.2	Payments from the air flight company made to Aviaclaim or directly to the Client are in the first instance for payment of collection costs and are due to Aviaclaim. The Client is obliged to pay collection commission in relation to these payments.
3.3	As of the date of entering into the agreement payments made by the air flight company directly to the Client are to be considered the result of the collection and Aviaclaim should be notified at once if any payments are made.
3.4	The advance payments paid by Aviaclaim will be invoiced; also if possible legal proceedings did not succeed.
3.5	If the collection of a claim is terminated following a request or order from the Client, or if Aviaclaim advises to abandon the claim due to unforeseen insecurities, then Aviaclaim will not be entitled to a collection commission.
3.6	Aviaclaim works on a No Cure No Pay basis. The client will be billed for the following if a claim is successful: A collection fee of 19% excluding VAT of the amount collected. Possible advanced payments or other payments made by Aviaclaim for the benefit of collection activities performed by third parties. Aviaclaim charges the regular Dutch VAT (BTW) rate which is in force for paid expenses.
3.7	Payment is due within the term agreed upon, but 8 days after date of invoice at the latest. Payments should be made solely in the manner indicated by Aviaclaim.

4 Liabilities

4.1	Conditions beyond the will and control of Aviaclaim, as well as any circumstance that cannot be foreseen due to which performance of the agreement can be required, can be considered as nonattributable failure of Aviaclaim and entitles Aviaclaim to a choice to either suspend the performance during the time of the impediment, or to terminate the agreement wholly or partially without being hold to any compensation.
4.2	Aviaclaim performs its activities in good faith and can not be hold liable for the consequences of an unjustified claim for collection and/or the results arising from investigation or research, on the basis of which wrong decisions are made by whomsoever.
4.3	The acceptance and actually processing of claims for collection takes place with the explicit exclusion of any form of liability.
4.4	Aviaclaim or any third party related to Aviaclaim is never liable for an amount exceeding the amount insured by Aviaclaim’s liability insurance in the context of financial loss.
4.5	The Client is hold to indemnify and compensate Aviaclaim in connection with all claims made by third parties against Aviaclaim, which claims find their cause in processing and collecting claims on behalf of the Client and offered by the Client.

5 Final provisions

5.1	Aviaclaim is entitled to amend these General Terms and Conditions.
5.2	Dutch law applies to these General Terms and Conditions and to the agreements entered into by both Parties. The District Court of Haarlem has sole jurisdiction to hear all disputes arising from this agreement.