General terms

Welcome to our website. We’re glad you chose to use our services. Please read the Terms and Conditions below for the rules governing our relationship.

I. Definitions

“Airline” means an operating air carrier which has or should have operated the problematic flight.

“Agreement” means a written agreement between the Client and PAYFLIGHT, which is considered to be concluded with the signature of the Client (the electronic signature is also accepted as duly signed).

“Client” means a person who has a PAYFLIGHT Contract.

“Compensation / Compensation” means any amount payable to the Client, including, but not limited to: compensation due as a result of non-operation of a flight or inaccurate performance of the obligations of the operating air carrier within the meaning of the contract of carriage concluded with the Client or reimbursement of the whole ticket price under any legal regime governing the rights of air passengers, including but not limited to the regime under Regulation No 261/2004 (EC).

“Terms of Service” means these PAYFLIGHT Terms of Service. Acceptance of the Terms and Conditions is made by ticking the box “I agree to the Terms and Conditions and Privacy Policy of PAYFLIGHT” when submitting a compensation request to PAYFLIGHT.

“Privacy Policy” means the PAYFLIGHT Privacy Policy, which is an integral part of the Terms and Conditions and can be read here.

“Legal Actions” means actions brought against a Airline through a court, through PAYFLIGHT’s attorneys, or through another legal representative with which PAYFLIGHT has contracted.

“Claimed Amount” means the amount that PAYFLIGHT will claim on behalf of the Client before the Airline.

“Flight Issue” means any of the following issues that have affected the Client: prolonged flight delay, cancellation of flight, denied boarding and / or lower-paid accommodation that cause the Client to enter into a PAYFLIGHT Agreement, for claim his rights within the meaning of Regulation 261/2004 (EC).

“Claims Procedure” means the process of claiming the Client’s rights with the Airline, which is initiated when the Contract is concluded and ends when the Client receives due compensation through PAY FLIGHT or directly from the Airline or when PAYFLIGHT informs the Client that it will not maintain more his Claim.

“Power of Attorney” means the written authorization of PAYFLIGHT to exercise the rights the Client has within the meaning of Regulation 261/2004 (EC). The parties expressly agree that the legal validity of the electronic signature on the power of attorney is equivalent to that of the handwritten signature.

“Regulation (EC) No 261/2004” means Regulation (EC) No 261/2004 (EC) of the European Parliament and of the Council of 11 February 2004 establishing common rules for compensation and assistance to passengers in the event of denied boarding and cancellation or withdrawal flight delays and repealing Regulation (EEC) No 295/91.

“PAYFLIGHT” means “IRD GROUP” EOOD, a company incorporated in the Commercial Register with the Registry Agency of the Republic of Bulgaria, with UIC: 204159831 with its registered address Prespa 4-6 str. Sofia Republic of Bulgaria

II. The contract

1. The Agreement consists of the provisions of these General Terms and its annexes.
2. By concluding a Contract, the Client guarantees and declares that it is competent and capable to conclude it.
3. By entering into a Contract, the Customer warrants and declares that it has not authorized any third party (s) to exercise its rights, as a passenger, against the Airline. The Client warrants that there is no pending dispute (including legal action) between him and the Airline regarding the Flight Problem. Any assignment of third parties to exercise rights relating to the Claim shall be withdrawn before the conclusion of the Contract.
4. The Customer warrants and declares that all information and documentation (including information related to other passengers) provided to PAYFLIGHT is accurate and complete. PAYFLIGHT is not responsible for any consequences arising from incorrect, inaccurate and / or incomplete information which in any way affects the Client’s right to receive Compensation or limit the amount of Compensation.
5. The Client guarantees and declares that if he / she provides PAYFLIGHT with information about other passengers, he / she has received their consent for this.
6. The Customer guarantees that if he / she provides PAYFLIGHT information about other underage and / or underage passengers that he / she is entitled to do so.
7. By entering into a Contract, the Client warrants that it will notify PAYFLIGHT in the event that there is a change in its contact information or in the information provided.
8. By entering into a Contract, the Client guarantees and declares that it will notify PAYFLIGHT of any past, present and future correspondence with the Airline concerning the problem flight.
9. Following the conclusion of the Agreement, the Client shall notify PAYFLIGHT within three days if the Airline tries to contact him and to send to PAYFLIGHT all correspondence related thereto.
10. Upon conclusion of the Contract and receipt of all necessary documentation and information from the Client, PAYFLIGHT will make every effort to obtain the Compensation.
11. Following the conclusion of the Agreement, PAYFLIGHT may refuse to maintain a Client Claim without giving a reason, but will notify the Client of its withdrawal within a reasonable time (please see Article 12, Section III “Our Services” in these General Terms and Conditions for how to notify Customers who have concluded the Contract after being included in the accompanying passenger list).
12. Upon conclusion of the Agreement, the Client warrants that it will not attempt in any way to contact the Airline in connection with the problematic flight. During the period during the Claims Procedure, the Client is not entitled either in its own name or through a third party to attempt to obtain Compensation from the Airline. PAYFLIGHT will not be liable for any consequences arising from the Client’s interaction with the Airline or with a third party that has in any way affected the Client’s right to receive Compensation or limit the amount of Compensation.
13. If after the conclusion of the Contract, the Client receives directly from the Airline any payment related to the problem flight, the Client shall notify PAYFLIGHT thereof by the expiry of the period specified in Art. 7, Section IV “Fees for Services and Payments” of these General Terms and Conditions.
14. The Client, as a consumer, has the right to unilaterally terminate the Contract within 14 days from the date of its conclusion without giving any reason for its refusal. In case the Client withdraws from the Contract after the expiration of this term, he shall pay an administrative fee for the processing of his case in the amount of 150 BGN.
15. Insofar as this is not prohibited by law, PAYFLIGHT will not be liable under any circumstances where:

    *The client has suffered non-PAYFLIGHT damages;
    *The Client has suffered non-direct and indirect consequences of PAYFLIGHT’s actions / omissions;
    *The Client has suffered damage that could not have been foreseen in the event of the PAYFLIGHT obligation being incurred;
    *PAYFLIGHT action / omission that has caused damage to the *Client, which is also due to circumstances for which the *Client is responsible;
    *The client has suffered damage that he could have avoided by taking care of a good owner;
    *The client has missed benefits;
    *Data has been lost.

16. In the case of force majeure (force majeure), PAYFLIGHT will not be required to perform any of its obligations to the Client. For the period of force majeure (force majeure), the performance of PAYFLIGHT’s obligations within the meaning of the Agreement and these General Terms shall be suspended.
17. The contract is terminated when:
    *The compensation was paid by PAYFLIGHT Airlines and it has paid the Client the remuneration in the manner specified in the Contract.
    *The compensation was paid directly by the Airline to the Client and the latter transferred to PAYFLIGHT the agreed remuneration.
    *PAYFLIGHT has informed the Client that it refuses to maintain the Claim in the future.
    *The Client has exercised his rights under Art. 14, Section II of the “Agreement” of these General Terms and Conditions.
18. This Treaty shall be governed by the law of the European Union and the law of the Republic of Bulgaria. All disputes arising out of or related to the Treaty should be brought before the competent Bulgarian court by the parties to it.
    

    III. our services

     

19. PAYFLIGHT assists Customers to exercise their right to receive Indemnity from Airlines.

20. PAYFLIGHT makes a preliminary assessment of the Client’s ability to obtain Compensation from the Airline. Based on the outcome of the ex-ante evaluation, the Client is given the opportunity to create a profile (account) through the PAYFLIGHT website in order to authorize PAYFLIGHT to initiate the Claims Procedure.

21. After PAYFLIGHT has been authorized by the Client to submit a Claim and has received all necessary documentation and information, PAYFLIGHT will contact the Airline for the purpose of receiving Compensation.
    The Client understands that

22. PAYFLIGHT considers only Compensation in cash and that it will not accept as an Indemnity an offer to provide services such as travel vouchers, flight miles or any other type of non-monetary consideration offered by the Airline without the express written consent the Client’s consent.

23. If the Airline refuses to pay Compensation and PAYFLIGHT considers its refusal to be unfounded, PAYFLIGHT may take legal action against the Airline. In such a case, the Client will be notified in advance by PAYFLIGHT of the possibility of claiming compensation in court and may be required to sign a separate written power of attorney / agreement.

24. Filing a complaint with an alternative dispute resolution body, an administrative authority and / or taking legal action could be limited by a limitation period. PAYFLIGHT shall not be liable for any damages resulting from the expiry of the limitation period.

25. If the Airline pays PAYFLIGHT Compensation, the latter will transfer to the Client the agreed portion of the Compensation in the manner described in the section “Fees for Services and Payments” of these General Terms, without undue delay.

26. PAYFLIGHT pays the agreed portion of the Companion Passenger Compensation through a bank transfer to the account of the customer who has opened an account through the PAYFLIGHT website.

27. The Client understands that PAYFLIGHT may seek an amount greater than that offered by the Airline as compensation, based on the knowledge and experience of its legal professionals. In such a case, the Airline’s unsatisfactory offer will be considered as its partial refusal to pay Compensation.

28. If, at any stage of the Claims Procedure, PAYFLIGHT concludes that the Claim should no longer be considered reasonable, it will notify the Client that it will no longer support it.

29. A customer who has concluded a contract after being included in the accompanying passenger list will be considered notified if a notification has been sent to the customer who has opened an account through the PAYFLIGHT website.

    IV. Fees for services and payment

     

30. PAYFLIGHT works entirely on the principle of payment for the result, ie. PAYFLIGHT will only be remunerated if the Airline pays the Client the Indemnification due.

31. In the event that the Airline pays the Voluntary Compensation (without taking legal action) after the Client has concluded a contract with PAYFLIGHT, the former shall pay a fee of 20% of the amount received by the Airline (excluding bank transfer fees for translation) . At the Client’s request, PAYFLIGHT provides him with information on the amount of the relevant fees for banking services.

32. In the event that the Indemnity is paid after the action has been initiated, the Client shall owe (in addition to the standard remuneration) also a procedural representation fee of 20% of the amount awarded by the court or the amount settled in an out-of-court settlement as a result of the PAYFLIGHT actions taken. Legal actions.
    Unless otherwise agreed in writing, all costs and expenses incurred in the legal process, including statutory interest awarded by the court, will be payable to PAYFLIGHT.

33. If the Client receives compensation directly from the Airline, the latter owes PAYFLIGHT payment of the remuneration agreed in the Contract. The Client shall immediately notify PAYFLIGHT of the payment and send a bank statement indicating the amount of compensation received. In the event that the Client does not provide PAYFLIGHT with a bank statement, PAYFLIGHT’s remuneration will be calculated on the basis of the Claimed Amount.

34. The Client must notify PAYFLIGHT of the received (monetary or non-monetary) Indemnity from the Airline within 3 working days from the day of receipt of the Indemnity.

35. The Client undertakes to transfer the agreed remuneration to the bank account of PAYFLIGHT within 5 working days of receiving the Compensation, all expenses related to the transfer shall be borne by the Client.

36. If the Client receives his Compensation in the form of services, e.g. Aviation travel vouchers, airline miles or any other non-monetary service provided by the airline shall transfer to the PAYFLIGHT bank account the 25% of the Claimed amount payable, all costs related to the transfer being borne by the Client.

37. In the event that the Client fails to fulfill his obligation to make payment to PAYFLIGHT, PAYFLIGHT reserves the right to claim in due course from the Client all expenses in this connection.

38. PAYFLIGHT will transfer the agreed part of the Compensation in BGN by bank transfer. All costs related to the transfer of the amount will be borne by the Client.

39. All costs of translation and differences in the amount will be borne by the Client.

40. If due to negligence or for any other reason, the Client provides incorrect or incomplete information, which impedes the electronic bank transfer, as a result of which PAYFLIGHT has to re-send the agreed part of the Payment, the Client will owe PAYFLIGHT an administrative fee for resending amounting to 10 euros.

41. At Client’s request, PAYFLIGHT may send an electronic invoice by email.

42. All remuneration under this section is VAT inclusive.

V.Other Provisions

1. Should any provision in these General Terms be declared null or void in whole or in part, this provision shall not apply and shall not affect the validity, respectively, the applicability of the other provisions in the General Terms.
2. Persons using the PAYFLIGHT Services in connection with / under a contract between PAYFLIGHT and third parties may be subject to different terms and conditions than those provided in these General Terms.
3. PAYFLIGHT has the right to transfer to third parties any rights and obligations in connection with the Claim.
4. PAYFLIGHT reserves the right to update the Terms and Conditions at its discretion by posting them to this address. Unless otherwise stated, updates will take effect from the day they are posted on the Website. The Client is obliged to monitor and get acquainted with the current version of the OS when using the site.
5. PAYFLIGHT’s failure to exercise any of the rights set out in the Terms and Conditions shall not constitute a waiver of this right and shall not extinguish it.
6. PAYFLIGHT’s right of action to give effect must be in writing and must contain the express will and signature of PAYFLIGHT.
7. PAYFLIGHT’s Privacy Policy is an integral part of the Terms and Conditions between PAYFLIGHT and the Client. Upon conclusion of the Agreement, it is considered that the Client has been informed of the terms and conditions set out therein and that he has accepted the privacy policy.
8. PAYFLIGHT’s cookie policy is an integral part of the Terms and Conditions. Upon conclusion of the Agreement, the Client shall be deemed to have been informed of the terms and conditions set out therein and to have accepted the cookie policy.
9. The Client submits his personal data (name, personal identification number, date of birth, nationality, gender, address, place and country of residence, passport data, flight details, bank details and email) for processing by PAYFLIGHT for the purposes of entering into and executing Of the Treaty.
10. In case the Client has entered personal data of children (minors and / or minors) in the list of accompanying passengers, by accepting the General Terms the Client confirms and declares that he has received the consent of the parent (guardian / guardian) of the minor or that The Client himself is the parent (guardian / guardian) of the child.
11. In case of discrepancies in the texts in the different languages, the Bulgarian version will prevail.