Terms of Service

2.2. Fairplane supports the Client solely in the act of asserting a claim for compensation in accordance with section 7 of the air passenger rights regulation besides corresponding accessory claims and interest. Further rights, either within the frame of the air passenger rights regulation, or in line with other cross-national contracts, or in the frame of the contract directly relating to the flight, or other legal stipulations, are not processed by Fairplane and/or their contract lawyers.

2.3. Fairplane carries out neither legal consultancy nor legal representation, and this is not owed under the contract. Fairplane especially undertakes no legal (pre-)evaluation of the Client’s claim. As a company, Fairplane solely acts as a supplier for the Client, and in the context of collection, processing and administration of flight, weather and other data in Fairplane’s database. An enforcement of the claim is initiated by one or more of the following lawyers decided by Fairplane: Skribe Rechtsanwälte GmbH, Franziska Puschkarski (RAK Sachsen) oder Hayward Baker (HB Limited), Carlos Salvador Muñoz or Raphael Seidler (hereinafter referred to as “contract lawyers”).

2.4. As an enterprise, Fairplane acts on behalf of the Client, by arranging legal services, as well as collecting, processing and administration of flight, weather and other data in Fairplane’s database.

2.5. Fairplane is entitled to contract the lawyers with the out-of-court and judicial enforcement of the claim and to forward relevant information and data to them without prior consultation with the Client. The Client expressively agrees to commission the contract lawyers with the out-of-court and judicial enforcement of the claim, especially in the filing of court cases against the airline, or the application with arbitration boards or other authorities, and expressly agrees to the transfer of information and data. By mandating the contract lawyers, a proxy is granted by the Client to the respective contract lawyer, which further results in a contract between Fairplane and the respective contract lawyer. Once the contract lawyers are assigned, Fairplane has the obligation to free the Client from all lawyers’ fees as well as all other prosecution costs, including court fees, flat rates and fees of the opposing council. Further, Fairplane is to indemnify and hold the Client harmless even in the event that the court decides to allocate these fees to the Client and/or the claim cannot be asserted before the airline for legal or factual reasons.

2.6. In the frame of an economic and conscientiously exercised assessment, the contract lawyers are free in their choice of methods for pursuing the claim against the airline. Contract lawyers are specifically entitled to reject settlement agreements (e.g. vouchers etc.) without obtaining prior consent from the Client.

3.1. The Client supports the contract lawyers by providing them and/or Fairplane with all known data and information that may be relevant for the processing of the claim. Upon request by Fairplane or the contract lawyers, the Client shall provide relevant material, in particular boarding pass, booking confirmation or any other proof of the flight, and entrust this material to Fairplane throughout the contract period. Further, the Client shall provide Fairplane with any prior correspondence with the airline, and relating to the particular case, immediately after registration of the claim. If the client does not meet his obligations or does not fulfill his obligations sufficiently, FairPlane is entitled, in addition to the termination of the contract for an important cause, to demand a processing fee of 36, – € including VAT from the client. This only applies if the requested cooperation is in reasonable proportion to the effort and the reimbursement process. Further, the Client is obliged to confirm granting the power of attorney to the contract lawyers and to provide this confirmation in writing on the form sent to him/her by Fairplane or their contract lawyers upon demand.

3.2. By accepting these terms and conditions, the Client confirms that he/she has provided all flight data to the best of their knowledge and belief and that he/she is the personal owner of the claim that is subject of this contract and/or that he/she is authorised to act on the same. The Client further confirms that no compensation payment has been received beyond those declared.

3.3. The Client is obliged to inform Fairplane immediately in the event that payment is made directly to him/her by the airline and/or if he/she has received any written communication by the airline. The Client expressively agrees that the airline can discharge their debt to Fairplane and/or the contract lawyers only.

3.4. The Client further agrees to undertake no own activities nor enter into any related court proceedings, nor make any legally binding declarations, especially before the airline, without the prior consent of Fairplane. As far as the airline or their representatives strive to get in touch with the Client, the Client shall notify FairPlane of any such case and without delay.

3.5. The Client undertakes not to assign the claim that is subject of this contract or to pledge the same to third parties only with the prior consent of Fairplane.

3.6. Should the Client not or not sufficiently meet his/her obligations as stipulated in § 3, Fairplane is entitled to demand a remuneration of expenses in the amount of EUR 35.- incl. VAT besides terminating the contract for cause. This applies only in the case that the requested participation stands in proportion to effort and the reimbursement process.

5.1. The Client is entitled to withdraw from this contract, without giving reasons, within seven working days. The period is calculated from the date of contract conclusion in accordance with clause 2.1. Saturdays, Sundays and bank holidays are not included as part of this period. The Client may already declare his/her withdrawal after submitting the claim.

5.2. The contractual relationship between Fairplane, the contract lawyers and the Client ends when the claim is paid out by the airline and when Fairplane and/or the contract lawyers have forwarded the pro-rata amount to the Client.

5.3. Further, the contractual relationship ends when Fairplane declares that they will cease trying to enforce the claim due to there being no reasonable chance of success. The assessment of whether a claim stands no chance of success is carried out by the contract lawyers at their discretion but on the condition of due scrutiny.

5.4. In the event that the contract lawyers fail to take any action before the airline within six weeks after they were commissioned, or if no compensation agreement could be reached within twelve months despite measures having been initiated, the Client is entitled to the ordinary right of contract termination. Notice must be given in writing and has immediate effect.

5.5. Apart from the above, the contractual relationship can be terminated for cause by either party. In particular, such cause shall be deemed to exist if the Client was found to have made false statements before Fairplane or the contract lawyers.

5.6. The contractual relationship between the Client and the contract lawyer is automatically terminated upon termination of the contract between the Client and Fairplane.

7.1. The exclusive legal venue for payments as well as any disputes that may arise between the Client and Fairplane from the concluded contract, insofar as is legally permitted in particular in the way of consumer protection law, shall be Fairplane’s registered office in 1010 Vienna, Austria.

7.2. The law of the Republic of Austria, to the exclusion of the UN Sales Convention, shall apply to all formal and material legal relationships between the parties resulting from the contract between Fairplane and the Client.

7.3. Deviating or supplementary agreements between the contracting parties do not exist, and would require, insofar as they are legally permitted in particular in the way of consumer protection law, written form. The same applies to any amendments of the requirement of written form.

Right of withdrawal