Szolgáltatás igénybevételének feltételei
Terms of Service
1.2. Légi Segéd – Légi Segéd LLC (Reg No 01-09-349445), a company incorporated in Hungary, located at 1054 Budapest, Honvéd utca 8. 1. em. 2., which provides the Service through the website of “Légi Segéd”.
1.3. Agreement – service contract between the Client and Légi Segéd, which is taken to account when the Client has signed a the Power of Attorney. Contract, in which the Client is one party and Légi Segéd the other.
1.4. Service – service provided by Légi Segéd considering the following terms of service to claim compensation under the Regulation No 261/2004.
1.6. Regulation No 261/2004 – Regulation (EC) No 261/2004 of the European Parliament and the Council, 11.February 2004, establishes common rules on compensation to passengers in the event of denied boarding and of cancellation or long delay of flights.
1.7. Claim – Client’s right to receive financial compensation from an air carrier under Regulation No 261/2004. The value of the claim is deemed to be the amount of the flight compensation.
1.8. Authorization document (hereinafter as: Power of Attorney or Authorization), under which the Client grants Légi Segéd the right to perform various actions on his/her behalf in order to satisfy the claim for flight compensation (see “Authorization” for details).
1.9. (Flight) Compensation – the amount of money the airline is obligated to pay to the Client due to cancellation, delay or overbooking of the flight in accordance with Regulation No 261/2004.
2.1. The Clients’s application to Légi Segéd, via the Légi Segéd’s website or through other channels, is an offer to enter into an Agreement. The Client’s appeal to is not binding to Légi Segéd. Légi Segéd shall send a notice of conclusion or non-conclusion of the contract to the Client using the e-mail address provided by the Client. Légi Segéd is not obliged to justify the conclusion or refusal of the contract.
2.2. The Agreement shall be deemed to have been concluded from the moment the Client has signed the Authorization and Légi Segéd received the signed Authorization. By signing the Authorization, Légi Segéd is entitled to perform actions on behalf of the Client to receive the Flight Compensation. The Agreement qualifies as an engagement agreement (in Hungarian: “megbízási szerződés”) under the Hungarian Civil Code according to which Légi Segéd shall make its best efforts to receive Compensation from the airline but shall not be responsible for achieving a specific result with respect to the performance of the Agreement.
2.3. The Agreement shall remain in force until the Agreement is fulfilled. This means that the Flight Compensation has been transferred to the bank account of the Client and the Client has transferred the amount of the Service Fee to Légi Segéd pursuant to the Agreement or if Légi Segéd considers that the continuation of the Service has no perspective and notifies the Client of it.
3.1. The Client is obliged to provide Légi Segéd with all information necessary in order for Légi Segéd to provide the Service and to notify Légi Segéd of any changes thereto. The Client shall provide Légi Segéd, among other things, all communication between the Client and the airline claimed the Flight Compensation, which took place before the Client’s approach to Légi Segéd.
3.2. The Client must provide Légi Segéd valid contact details and notify Légi Segéd immediately of any changes.
3.3. The information provided by the Client to Légi Segéd must be complete and true. The Client is responsible for the data righteousness.
3.4. The Client confirms that the Claim has not been assigned to third parties.
3.5. During the term of the Agreement, the Client undertakes not to communicate or negotiate independently with the airline, except with the consent of Légi Segéd, and to direct Légi Segéd all such communication.
3.6. The Client undertakes not to enter into any contracts with third parties for the provision of a similar service to the Service during the term of the Agreement.
3.7. In the event that the Client receives Flight Compensation (any part of it or any other payment related to it) from the airline the Client must inform Légi Segéd as soon as possible.
4.1. Légi Segéd will make every effort to claim Flight Compensation, that belongs to the Client, from the airline. At its sole discretion, Légi Segéd will use all legal means to obtain Flight Compensation.
4.2. Légi Segéd requires the airline to pay the Flight Compensation he Clients bank account.
4.3. Légi Segéd shall not be liable for the consequences arising from the incorrect information provided by the Client. If the Flight Compensation has been paid to the wrong recipient through the fault of the Client, Légi Segéd shall not be obliged to claim it from a third party.
5.1. Légi Segéd contractual service charge for providing the Service is 30% of the Flight Compensation. If the airline pays the Flight Compensation directly to the Client’s bank account, Légi Segéd shall be entitled to 30% of the total amount of compensation paid by the airline to the Client. If the Client accepts the offer of the airline to remedy the breach in other ways (eg gift card), the Client undertakes to pay Légi Segéd 30% of the total value of the selected Flight Compensation in cash.
6.1. Any party has the right to cancel the Agreement without notice if the other party has breached the terms of the Agreement.
6.2. Légi Segéd has the right to terminate the Contract at any time if it becomes apparent that Légi Segéd does not consider it having perspective to claim Flight Compensation.
7.1. Légi Segéd has the right to collect and process Client’s personal data to the extent and in the manner necessary for the provision of the Service and to the extent in the manner provided by law.
7.2. The transfer of the Client’s personal data to third parties is permitted to the extent necessary for the provision of the Service.
7.3. Légi Segéd is the data controller with all responsibilities. The client is a data subject who has all the data subject’s rights under the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council) and Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information.
8.1. Légi Segéd shall be accountable to the Client’s damage caused by (only for) wrongful means. In no event shall Légi Segéd be liable to the Clients damage for more than 70% of the value of the Flight Compensation.
8.2. Légi Segéd shall not be liable for the breach of the Agreement or for any damage caused by the Client’s actions or omissions.
8.3. The Client shall be responsible for any damage caused to Légi Segéd.
8.4. The parties shall not be liable for breach of contract if the breach is caused by force majeure.
9.1. If any provision of the Agreement proves to be invalid, unlawful or unenforceable, it shall in no way affect the validity of the remaining provisions of the Agreement.
9.2. The Agreement is governed by the laws of Hungary.
9.3. Any disputes arising from the service contract shall be settled by negotiation. If the parties fail to reach an agreement, the dispute shall be settled by the competent courts of Hungary.