Table of contents
Article 1 - Identity of the service provider
Article 2 – Field of application
Article 3 - Offer and services
Article 4 – Mandate
Article 5 – Cession of claim
Article 6 - Compensation and commission
Article 7 - Right of withdrawal
Article 8 - Procedure for handling the complaints
Article 9 - Applicable law and competence in law
Definition
Airconnexion: Name of the company registered with the Crossroads Bank of Companies under the following number: BE0700921505.
Customer: Any natural or legal person that Airconnexion mandates to act in his name and for his account in order to obtain the fixed compensation due on the basis of the Regulation (EC) No 261/2004.
Transfer of debt claim: The debt claim that the passenger has on an airline company and he voluntarily cedes to Airconnexion in accordance with the articles 1689 and subsequent of the Belgian Civil Code.
Mandate: The proxy agreement concluded between the client and Airconnexion in accordance with article 1984 of the Belgian Civil Code.
Service: The services provided by Airconnexion to its customers regarding obtaining a compensation on the basis of the Regulation (EC) No 261/2004.
Article 1 - Identity of the service provider
The services referred to in these general conditions are offered by:
Airconnexion
Head Office : Rue Rodenbach 68, boite 2, 1190 Bruxelles, Belgique.
E-mail adress: info@airconnexion.com
Telephone number: 0487/879/767
Article 2 – Field of application
- These general terms and conditions apply to the services offered by the company in formation Airconnexion to its customers.
- In the event that the customer has his own general conditions or any other contractual document, by contracting with Airconnexion, the customer explicitly acknowledges that only these general terms and conditions apply and that he renounces his own general terms and conditions and/ or documents of a contractual nature (the entire agreement).
Article 3 - Offer and services
- Airconnexion offers its services to air passengers who have suffered a delay of three hours or more, cancellation or denied boarding against their will, and who a priori satisfy the conditions giving entitlement to the fixed compensation laid down in article 7 of the Regulation (EC) No 261/2004.
- Services are offered on the basis of the 'no cure no pay' principle. Airconnexion represents the passengers to obtain payment of the fixed compensation (and only this compensation) to which they are entitled under the Regulation (EC) No 261/2004
Article 4 – Mandate
- The Customer's agreement with Airconnexion is a mandate contract (in accordance with article 1984 of the Belgian Civil Code).
- The Customer acknowledges that the agreement with Airconnexion authorizes Airconnexion to act in his name and for his account and to represent him in any judicial proceedings with as purpose the payment of the whole or a part of the compensation due to the him under the Regulation (EC) No 261/2004 (as well as legal interests and costs including procedural indemnity).
By concluding with Airconnexion, the Customer acknowledges in particular that he authorizes Airconnexion to carry out any action that Airconnexion finds useful or necessary, including, in particular, finalizing and signing a transaction, hiring a lawyer to initiate legal proceedings and the appeal to a bailiff.
Article 5 – Cession of claim
- By using the services of Airconnexion, the customer explicitly accepts the cession of his claim to Airconnexion.
This cession is validly carried out on the basis of Book III, Title VI, Chapter VIII, "Transfer of claims and other intangible rights" of the Belgian Civil Code, and implies that neither the client, neither a third party can recover his claim from the airline company.
The cession is enforceable against third parties other than the debtor ceded by the conclusion of the agreement of the cession (article 1690, paragraph 1, Belgian Civil Code). The cession is enforceable against the debtor ceded only after the cession has been notified to the debtor ceded or recognized by the debtor (article 1690, paragraph 2, Belgian Civil Code). - Under no circumstances can the customer directly contact the airline or receive any compensation without first obtaining the authorisation of Airconnexion.
Otherwise, Air Connexion is entitled to recover from the Customer the costs incurred, as well as a 25% commission on the compensation + VAT. - Airconnexion decides, at its own discretion and without motivation, whether to bring an action against the airline company, to terminate or terminate the recovery prematurely.
Article 6 - Compensation and commission
- Air Connexion works exclusively according to the 'no cure, no pay' principle. In this case, Air Connexion retains 25% of the compensation (+ VAT) obtained. In case of legal proceedings, a supplement of 100€ plus VAT will be charged to the customer (only in case of successful proceedings). Air Connexion undertakes to seek the customer's agreement before initiating such a procedure. All reimbursements of advanced legal costs as well as any possible indemnities or interventions in lawyers' fees or procedural costs, will accrue directly to Air Connexion without the Customer being able to claim them.
- Airconnexion offers no guarantee of success to the customer. Airconnexion has merely an obligation of means.
- Air Connexion reserves the right to recover directly from the Customer, these 25% of the obtained compensation (+VAT), to which the Customer is entitled in application of Regulation (EC) n° 261/2004, as well as the reimbursement of all expenses incurred, if the Customer, despite the present conditions, received or had received any compensation from the Airline Company.
Article 7 - Right of withdrawal
- In accordance with Article 45 VI et seq. of the Code of Economic Law, the passenger has the right to withdraw at the latest 14 days after the conclusion of the mandate contract.
- The request for withdrawal must be made in writing (registered letter) and sent to Air Connexion's registered office (Avenue Van Volxem 264, B4, 1190 Brussels) within 14 days at the latest after the conclusion of the mandate contract.
Article 8 - Procedure for handling the complaints
- Any complaint or dispute must, under penalty of forfeiture of the right of the customer to this complaint or dispute, be addressed by e-mail to the address: info@airconnexion.com
- Airconnexion shall attempt to provide the Customer with a solution, no later than 1 month after receipt of the complaint.
Article 9 - Applicable law and competence in law
- The contractual relationship between Airconnexion and the customer is subject to Belgian law.
All disputes, including short trial and seizure procedures, that may arise between parties under these terms and conditions, belong to the exclusive jurisdiction of the french-speaking courts and tribunals of the judicial district of Brussels.
Last modification date: 12/10/2020