Terms and Conditions

Welcome to Air Fair Pay! Before using our Services, please carefully read these Terms & Conditions ("Terms" or "Agreement").

The terms "We," "Us," and "Our" (whether capitalized or not) refer to Air Fair Pay and the Services we provide to you. Conversely, any prospective client who visits and uses our website and Services will be referred to as "You," "Your," "Yours," "User," or "Client" (capitalized or not).

By opting to use our Services, you expressly and unconditionally accept to be governed by these Terms & Conditions, along with any supplementary terms, policies, or conditions mentioned here or available through links, including but not limited to our Privacy Policy. If you disagree with any part of these Terms & Conditions, we respectfully request that you exit the website and refrain from using our Services.

DEFINITIONS

"Air Fair Pay" means Air Fair Pay OÜ, a company dully registered under the laws of the Republic of Estonia, with the permanent seat at the address Harju maakond, Tallinn, Kesklinna linnaosa, Järvevana tee 9, 11314.

"Airline" refers to the commercial carrier that operated the flight regarding which we offer our Services.

"Authorization Form" means Assignment Agreement or any other document by which the Client authorize Air Fair Pay to perform all legal and factual actions regarding the collection of the Claim.

"Compensation" means any financial compensation made by the commercial carrier or travel agency to the Client from the Airline or other responsible person.

"Claim" means the request for the compensation of the prescribed monetary amounts set by the respective Regulation from the commercial carrier for the Disrupted flight including damages, costs and fees pertaining to such compensation.

"Client" means the natural persons that has accept these Terms and thereby executed the Agreement with Air Fair Pay.

"Disrupted Flight" means the delayed, cancelled or overbook flight, or a flight on which the passenger's luggage has been lost or any other flight that entitles the passenger to seek compensation.

"Privacy Policy" means Air Fair Pay's privacy policy that can be found here.

"Passengers Rights Regulation" means Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated 11 February 2004, Law on Obligations and the Foundations of Property-Legal Relations in Air Traffic of the Republic of Serbia ("Official Gazette RS", no. 87/2011 i 66/2015), the Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019, the Turkish "SHY" passenger regulation, the Canadian Transportation Act: Air Passenger Protection Regulations, the Montreal Convention 1999 ("MC 99") or any other law or regulation that governs the right of the consumer to collect the compensation for the Disrupted flight/s.

"Lawyer" means attorney at law, law firm, solictior, barrister, counselor or any other legal representative with whom Air Fair Pay has entered into the agreement regarding provision of the Services.

"Legal Action" means filing the claim before the court or any other authority with the aim to attain Compensation for the Disrupted flight.

"Reassignment Form" means the document by which Air Fair Pay assigns and transfers the Claim back to the Client

"Service" have the meaning defined in the Article IV of this Agreement.

"Service Fee" have the meaning defined in the Article V of this Agreement.

"VAT" means value added taxes.

AGREEMENT

When you submit an application to Air Fair Pay through the website or by any other means, such an application constitutes an offer to form a contract. However, this request from you does not create any binding obligation for us, hence we will notify you via the email address you have previously provided whether the contract has been accepted or declined. There is no requirement for us to explain the reasons behind accepting or rejecting the contract.

The contract is considered complete once you sign the Assignment Agreement, through which you transfer your entire claim against the Airline to Air Fair Pay. Additionally, by signing the Power of Attorney, you grant Air Fair Pay the authority to act on your behalf and manage your account to obtain the Claim Compensation.

This agreement remains in effect until the Claim Compensation is fully settled, which means either you have received the payment directly and paid us the agreed Service fee, or we have received the payment and transferred the remaining amount to you after deducting our Service fees. Alternatively, the agreement will end if we determine that pursuing the claim further is unproductive, in which case we will notify you that our services will be discontinued and the case closed.

By entering into this Agreement, you confirm that you have the legal capacity to sign it, which means that you:

• are above the legal age of majority, or
• possess a power of attorney or other documentation granting you the authority to represent the passenger, if acting on behalf of the passenger,
• are acting within his/her legal capacity of the children (parent, guardian or similar) for whom you provide us with the information

Furthermore you explicitly confirm and warrant to Air Fair Pay that no third parties have been authorized to pursue and enforce his/her passenger rights against the Airline and that you have not commenced any legal proceeding against the airline regarding the Disrupted flight.

By entering this Agreement, you agree to promptly cancel any agreements you have made with third parties to represent you resorting to sign this Agreement. However, if you have not canceled such agreements, you confirm that there are no obstacles to assigning the Claim at the time of entering into this Agreement, and that you revoke any previous assignment or representation agreements you have signed with third parties.

The Customer acknowledges that they are not permitted to reassign the Claim, pursue the Claim in their own name, or accept any direct communication or payment from the Airline.

After the Agreement is concluded, Air Fair Pay reserves the right to decline pursuing your Claim without providing a reason, but we will inform you of such refusal within a reasonable timeframe.

Your claim may be reassigned to you at the discretion of Air Fair Pay. Any such transfer will be documented in writing through a Reassignment Form signed by Air Fair Pay.

Except where prohibited by law, Air Fair Pay shall not be liable under any circumstances for special, incidental, indirect, or consequential damages, including but not limited to loss of profits, loss of data, business interruption, or any other commercial losses.

CLIENT'S OBLIGATION

You are required to furnish us with all information necessary to enable the provision of the Service, and you must promptly inform us of any changes.

You shall supply all relevant documents and communications exchanged between you and the airline regarding the Flight Compensation claim that occurred prior to contacting us including.

You warrant that all data and information provided to us in connection with the Claim are accurate, complete, truthful, and not misleading. You agree to indemnify and hold us harmless from any claims arising as a result of incorrect information supplied by you and/or your failure to cooperate or improper cooperation. Finally, you bear full responsibility for the accuracy of the data submitted.

You must provide accurate and valid contact details and notify us immediately of any updates or changes.

All information provided to us must be complete and truthful.

SERVICES

We provide services for the recovery of financial compensation in accordance with Passenger Rights Regulation as well as any other applicable legislation that mandates airlines to compensate passengers for Flight disruptions.

We conduct an initial evaluation to determine the likelihood of Client's successfully obtaining Compensation from the Airline.

Upon your signing of the relevant Authorization Form and submission of all required documentation and information, we will proceed to contact the Airline to seek Compensation.

If the Airline refuses to pay Compensation and we believe such refusal lacks legal justification, we may decide that initiating Legal Action against the Airline is necessary to resolve the Claim.

You should be aware that filing complaints with dispute resolution bodies, administrative authorities, or pursuing Legal Action may be subject to limitation periods. We shall not be liable for any damages resulting from the expiration of such limitation periods.

In the event the Airline pays Compensation to us, the agreed portion of the Compensation will be transferred to you without undue delay, using the payment methods specified in the "Fees" section.

The Client acknowledges and agrees that we retain the sole discretion to negotiate and enter into individual or collective settlement agreements with the Airline concerning flight compensation claims.

FEES

Air Fair Pay operates on a 'no win, no fee' basis, which means it will get compensation only if the Client receives Compensation.

Our fee structure differs whether we would take succeed in claiming the compensation before or after taking the legal action.

If the Airline pays us before we need to take Legal action, our fee will be 40% of the total compensation paid to you by the Airline. This includes the principal amount of the claim, any interest, and any additional fees or damages awarded by the Airline

If Air Fair Pay successfully obtains Compensation through Legal Action, it will charge an additional Legal Action Fee of 10% of the Compensation amount awarded by the court or settled out of court, on top of the standard fee.

If enforcement of the Claim is unsuccessful despite initiating Legal Action, we will waive all fees related to these Legal Actions. Additionally, we will cover all other costs associated with the Legal Proceedings—including court fees, the opposing party's attorney fees, and any extra expenses incurred in international jurisdictions—unless these costs are paid by the airline.

All court-awarded legal expenses, charges, and legal interest shall be allocated to Air Fair Pay, except where a different arrangement is documented in writing.

You agree and acknowledge that we will accept only Compensation, and will not accept any travel vouchers or other services offered by the Airline.

You are required to provide us with an account for transferring the funds through which we will transfer the agreed portion of the Compensation via electronic bank transfer in EUR. If we offer other payment options (such as PayPal), you may supply the corresponding details instead of bank account information. Should you not have a SEPA account, any transfer or payment fees will be your responsibility.

If you receive Compensation directly from the Airline, you are obligated to pay Us a fee amounting to 35% of the sum received. Additionally, you must notify us immediately and provide a bank statement confirming the amount paid by the Airline.

In cases where Compensation is received in the form of services such as travel vouchers, airline miles, or any other non-monetary benefits offered by the Airline, you shall transfer to us within five (5) working days a fee equal to 35% of the Claim Amount.

You are required to notify us within three (3) working days of receiving any Compensation—monetary or otherwise—from the Airline, and within the same timeframe, transfer the applicable Service Fee to us. You acknowledge and agree that all fees related to the transfer of such funds shall be borne by you.

Should you fail to fulfil any payment obligation to Air Fair Pay, all costs incurred by us in the collection of such payment shall be charged to you.

The bank account holder must be the individual who originally submitted the claim, unless otherwise agreed in writing. If payments received from us are intended for other parties (e.g., fellow travelers or co-tenants), you are required to distribute the funds proportionally to the rightful recipients.

In the event that a bank transfer must be repeated due to negligence or any other reason, please note that additional bank fees may apply, which shall be borne by you.

If you fraudulently provide incorrect or incomplete information resulting in additional costs for us, you agree to fully reimburse such costs.

In cases where you negligently or otherwise provide incorrect or incomplete information that obstructs the electronic bank transfer and necessitates a re-transfer of the Compensation, we reserve the right to charge a fixed fee of 30 EUR per transaction.

Upon your request, we will issue an electronic invoice following the payment.

As Air Fair Pay's registered office is located in the Republic of Estonia, any applicable value added tax (VAT) shall be charged in accordance with the laws and statutory rates of the Republic of Estonia.

LIABILITY, DAMAGES AND LIMITATIONS

We do not guarantee, represent, or warrant that the use of our services will be error-free, meet your expectations for quality, be delivered on time, operate without glitches or interruptions, or that any defects will be remedied.

To the fullest extent permitted by applicable law, we expressly disclaim, and you waive, any and all warranties, representations, liabilities, or conditions of any kind relating to the provision of our services.

Air Fair Pay shall not be liable to you for any direct, indirect, incidental, consequential, special, punitive, or other damages of any kind.

Our total liability to you for any damages arising from or related to these terms, regardless of the cause or form of action, shall at all times be limited to 100 EUR.

Neither party shall be held liable for any breach of contract caused by force majeure.

If you are based in a jurisdiction that does not allow disclaimers of an implied term in a contract with consumers, hence some or all of the disclaimers won't apply to you.

TERMINATION

The contract between you and Air Fair Pay shall terminate once the Claim has been fully resolved or if, following a proper evaluation, Air Fair Pay deems the recovery unlikely and has informed you accordingly.

Furthermore, either party may terminate the contract at any time. Hence, we reserve the right to terminate the Contract at any time if it becomes evident that pursuing the Flight Compensation claim is unlikely to succeed. In such cases, and upon the Client's request, the Claim shall be returned to the Client.

We also retain the right to cancel the Agreement immediately and without prior notice if the Client breaches any terms of the Agreement.

In the event you terminate the Agreement after engaging Air Fair Pay and after the Claim has been paid out, our right to fees as specified in these Terms shall remain in effect.

In the event you terminate the Agreement after legal action has been initiated, you will be liable for all accumulated legal costs, including attorney and court fees, as well as any applicable interest.

FINAL PROVISIONS

By using our Services, you acknowledge and consent to any future amendments, changes, or modifications to these Terms & Conditions, which shall become effective immediately upon being posted on the website.

It is your sole responsibility to periodically review these Terms & Conditions, the Privacy Policy, and any other policies posted on the website or accessible via hyperlinks.

Any failure or delay by us in exercising any right or privilege under these Terms & Conditions shall not be construed as a waiver of such right or privilege.

These Terms & Conditions constitute the entire agreement between you and Convert More regarding the provision of Services.

Our Privacy Policy forms an integral part of these Terms and Conditions. By entering into an Agreement, the Client is deemed to have been informed of and accepted the Privacy Policy.

In the event of any conflict between these Terms & Conditions and any specific contract executed between you and Air Fair Pay, the terms of the specific contract shall prevail.

If any provision of these Terms is found to be invalid, void, or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

Headings in these Terms are included solely for convenience and clarity and shall not affect the interpretation or legal effect of this agreement.

These Terms & Conditions shall be governed by and construed in accordance with the laws of the Republic of Estonia, including the assignment agreement between you and Air Fair Pay.

Any dispute, controversy, or claim arising out of or relating to these Terms & Conditions, including their breach, termination, or validity, shall be finally resolved by the competent courts of the Republic of Estonia, subject to applicable jurisdictional rules, unless mandatory legal provisions dictate otherwise.

In case of discrepancies between the English version of T&C and any other language, the English text shall prevail.