In the context of these terms of service (the "Terms"), the outlined phrases below shall carry the following definitions:
Upon the Client's acceptance of these Terms, airfairness commits to provide, and the Client consents to receive, the Information Provision and Eligibility Check.
Once the Client accepts these Terms and provides an electronic confirmation (via DA Signature) on either the Delegation Agreement or Endorsement Documentation, the Arrangement is established. The Client consents to receive Justice as a Service (JaaS) in Flight Disruption Cases, and airfairness commits to deliver the same.
By entering into an Agreement with airfairness, the Client confirms that they possess the authorization and the legal competence to create such an agreement on their behalf and, if applicable, on behalf of any co-passengers.
By endorsing the Delegation Agreement or the Endorsement Documentation, the User confirms that they are authorized and have the legal competence to sign these documents on their behalf and, if applicable, on behalf of their minor co-passengers.
The Client acknowledges that airfairness's sole objective is to seek flight compensation. The Client agrees that airfairness will not accept travel vouchers and/or other services as Flight compensation and that any such proposal from airlines will be viewed as a denial of payment, unless airfairness determines that the likelihood of a more beneficial outcome for the Client is low, and under such circumstances, it would be in the best interest to accept such an offer.
The Client verifies that the Claim has not been allocated to third parties and no legal contention is underway or anticipated between the Client and the airline in the same matter.
After endorsing the Delegation Agreement, the Client may not delegate the Claim to any other entity as the legal ownership of the Claim has been transferred to airfairness. After endorsing the Endorsement Documentation, the Client may not assign another third party to act on their behalf concerning the same Claim. Any existing assignments or engagements, if any, must be dissolved prior to endorsing the Delegation Agreement or the Endorsement Documentation. For clarity, in the event that the Client has signed an Endorsement Documentation, the Client can retract the given authorization by providing written notification to airfairness. This retraction does not impact the Agreement itself.
If the Client receives any direct remunerations or any other forms of compensation from the concerned airline after the establishment of the Arrangement, the Client is obliged to inform airfairness immediately. Such payments shall be considered as Flight Compensation and entitle airfairness to its Service Fee and Legal Action Fee if Legal Proceedings were initiated by airfairness prior to the Client receiving payment from the airline. For clarity, Flight Compensation does not include any payments or reimbursements of legal fees, fees for legal advice, court costs, collection cost, interest, or similar, which shall belong exclusively to airfairness.
After endorsing the Delegation Agreement or an Endorsement Documentation, the Client shall halt all negotiations with the concerned airline and redirect any communication initiated by the airline to airfairness, ensuring that airfairness secures the best possible outcome.
Airfairness is not a law firm and does not provide legal advice. While airfairness may engage legal representatives or initiate legal proceedings on behalf of Clients or in its own name, the company itself does not offer legal services, and no lawyer-client relationship is created through the use of its services.
airfairness actively pursues the Client's Claim for Flight Compensation from the operating airline, based on Canadian Air Passenger Protection Regulations or any other Passenger Rights Regulation that applies to the Client's specific air journey.
Information regarding the flight can be submitted to airfairness through our website, email, phone, or other digital tools supported by our platform.
To successfully carry out the Claim, airfairness requires the Client's submitted Delegation Agreement or Endorsement Documentation. This can be dispatched to airfairness via our online form, through email, or by postal service. Upon receipt of the Client's Delegation Agreement or Endorsement Documentation, airfairness will promptly generate a request for payment and forward it to the relevant airline, handling all ensuing correspondence. For this portion of Justice as a Service, a Service Fee (as per the Fee Schedule) will be charged if Flight Compensation is paid.
If the airline does not pay the Flight Compensation within a reasonable time after being notified by airfairness, and provided the case has a reasonable chance of success, airfairness may recommend and initiate Legal Action to advocate for the Claim. If Legal Action is undertaken and Flight Compensation is paid, airfairness will charge a Legal Action Fee in addition to the Service Fee, as detailed in the Fee Schedule.
In cases where a contracted legal representative is engaged for Legal Action, the Client will permit airfairness to provide the representative access to all data shared with airfairness, and permit the representative to relay information about the proceedings to airfairness. If an additional Delegation Agreement, Endorsement Documentation, or other necessary documents are required by the court, the Client agrees to sign these documents. If the Client has signed a Delegation Agreement and later signs an Endorsement Document, the Client acknowledges that the Endorsement Document reassigns the Claim back to the Client.
If the contracted legal representative assesses the chances of success as insufficient, the Client will be notified and the Claim will no longer be actively pursued. airfairness reserves the right to re-contact the Client and resume active pursuit of the Claim if there are changes influencing the chances of success.
airfairness or the contracted legal representative may initiate legal proceedings to pursue a Claim. airfairness will bear any costs incurred in the event the lawsuit is lost. If the lawsuit is won, or a settlement is reached between the airline and airfairness, any costs not covered by the airline will be borne by airfairness. The same applies for the cost of legal advice and attorney's fees, whether the legal proceedings are conducted by airfairness or a contracted legal representative.
The Client acknowledges that airfairness has the sole discretion to accept any settlement offer since the Claim has been assigned to airfairness. In cases where airfairness acts on behalf of the Client pursuant to an Endorsement Document, the Client authorizes airfairness to accept or reject settlement offers based on airfairness's prior experiences with the airline and advice from external legal representatives.
airfairness may pursue the Claim in its own name with the assigned Claim, with or without the help of a legal representative. Where suitable or legally required, airfairness may reassign the Claim back to the Client, and the Client agrees to grant airfairness with an Endorsement Document to deliver Justice as a Service and collect and/or receive payments.
airfairness offers both Eligibility Check and Information Provision at no cost to the Client.
airfairness delivers Justice as a Service on a contingency basis—our services are free unless we succeed in procuring Flight Compensation ("no win, no fee").
In cases of successful procurement of Flight Compensation, airfairness will remit the Flight Compensation to the Client, net of any applicable fees as detailed in the Fee Schedule. Advanced court costs and legal fees will be reconciled against any payments transferred to airfairness on behalf of the Client.
If airfairness succeeds in securing Flight Compensation, but the compensation, legal fees, court costs, interest, or similar have been transferred directly from the airline to the Client, an invoice will be issued to the Client. The Client agrees to remit airfairness's fees promptly, in accordance with the Fee Schedule, as well as reimbursing any advanced legal fees, court costs, interest, or similar.
The agreed-upon portion of the Flight Compensation will be remitted to the Client as detailed in the Fee Schedule by airfairness.
If the Client has provided inaccurate or insufficient information, resulting in the return of the Flight Compensation to airfairness, reasonable efforts will be made to contact the Client, which may include email reminders and other forms of communication. If the Client fails to provide correct payment details, airfairness retains the right to keep the portion of the Flight Compensation that would have otherwise been transferred to the Client.
Once airfairness has remitted the agreed Flight Compensation in accordance with the Client's selected method of payment, airfairness will not be held responsible for:
airfairness will not be held liable for any compensation, damages, or similar if payment transfer to the Client is impeded due to circumstances beyond our reasonable control. This includes, but is not limited to, strikes, lock-outs, labor disputes, acts of God, war, riots, civil unrest, malicious damage, compliance with a law or governmental order, rule, regulation, or direction, accidents, machinery or plant breakdown, fires, floods, and storms.
airfairness reserves the right to amend these Terms, the Fee Schedule, and to establish additional conditions at any point and without prior notice. Nonetheless, alterations that negatively impact the Client will not be applied, unless the Client consents to the new changes.
These Terms, the Delegation Agreement, and the Agreement between airfairness and the Client are governed by the laws of Canada, without regard to principles of conflict of laws.
In the event that any provision of these Terms is or becomes null, unlawful, or unenforceable, this will not in any way affect the validity of the remaining provisions.
airfairness reserves the right to transfer rights and obligations fully or partially related to any submitted Claim without limitations, to any entity within the airfairness corporate group or to third parties.