Here are the defined terms used in this Terms and Conditions.
For the purposes hereof, capitalized terms shall have the meaning given thereto below, unless the context requires otherwise:
- "Amicable Dispute Resolution Service"
- "Lawyers" means any lawyer duly registered or any law firm;
- Legal Action Service
- "Client" means any person who fills a claim form and signs the as a member of the class and electronically signs the services agreement and the lawyer’s fee retainer.
- "Confidential Information" has the meaning set forth in Article 7;
- "Member" means any person who joins a Class Action as a member of the class and electronically signs the services agreement and the lawyer’s fee retainer.
- "Site" or "www.weclaim.com" means the website which is the exclusive property of the Company, the purpose of which is to, inter alia, connect Claimants, Associations and Lawyers ;
- "Terms" means the terms and conditions
- "Client" means any Visitor, Member or Lawyer, as these terms are defined herein.means any Visitor, Member or Lawyer, as these terms are defined herein.
- "Services" means the Travel Compensation Calculator, the Amicable Dispute Resolution Service and the Legal Action Service as these terms are defined.
- "Travel Compensation Calculator"
- "User" means any person who visits the Site to view the content and information published on the Site without being registered or prior to registration on the Site as a Member.
- "WECLAIM" or "We" means Weclaim Holding Limited, an Irish company
- "Defendant" means (i) the debtor of the Claims and/or (ii) any other person that Weclaim decides to add to the Proceedings and (iii) any other natural or legal person that would come to the debtor's rights and/or pay all or part of the Recovered Amounts.
- "Proceedings" means any legal action, judicial, arbitral, extra-judicial or alternative dispute resolution process pending or to be initiated, between the Customer and/or Weclaim on the one hand and the Respondent on the other hand, relating to all or part of the Claims in any country.
- "Project" means the management of the Claim, the conduct and continuation of the Proceedings with a view to achieving Success as quickly and economically as possible and with a view to maximizing the Amounts Recovered and minimizing costs and risks, including without limitation the risks of not achieving Success.
- "Claim" means the Customer's claim, including the security interests, rights, accessories and actions attached to the claim
- "Amount Recovered" means (i) all amounts, or material goods and services in cash or in kind, excluding Costs Recovered, (ii) any other positive amount of cash recovered or paid by the Defendants for which the Claims and/or Proceedings are Settled or for which a Judgment is rendered in favour of the Customer and/or Weclaim in any Proceedings, without taking into account the value attributed to any counterclaim in the aforementioned Settlement Agreement or Judgment.
- "Success" means a Transactional Agreement entered into or a Judgment in favour of the litigant under which one or more Defendants or any other third party is (are) obliged to pay an amount in cash.
- "Costs Collected" means, in the context of a Settlement Agreement, the amount awarded by the Defendant(s) as legal costs, including bailiff, attorney and/or other counsel fees, provided that such amount is clearly and distinctly identifiable as such in the Settlement Agreement. The Recovered Costs will be returned in full to Weclaim.
- "Judicial Costs Collected" means, in the context of a Judgment, the irrecoverable costs, the sums allocated under Article 700 of the French Code of Civil Procedure or equivalent. The Judicial Collections will be exclusively and entirely the responsibility of Weclaim.
- "Adverses Court Costs" means the unrecoverable costs, disbursements and sums referred to in Article 700 of the Code of Civil Procedure to which the Client or Weclaim, as the case may be, could be condemned in the event of failure of the Proceedings, shall be paid by the plaintiff to the court proceedings.
- "Site" or "www.weclaim.com" or "Platform Weclaim" means the website www.weclaim.com ;
- "User" means any natural or legal person or any robot that visits the Site
- "weclaim" or "We" means LITIGATION GROUP SAS, a simplified joint stock company with a capital of 40,000 Euros, whose registered office is located at 24 rue Monsieur le Prince, registered in the Paris Trade and Companies Register under number 810 927 574.
We are an online dispute resolution platform. When you use our services you are entering into a legal agreement and you agree to all of these terms.
- WECLAIM help travellers around the world to seek compensation for their damages.
- BY USING OUR SERVICES AND/OR SURFING ON WWW.WECLAIM.COM, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT ("USER AGREEMENT") AS IT MAY BE AMENDED BY WECLAIM FROM TIME TO TIME.
- YOUR AGREEMENT IS WITH WECLAIM ("WECLAIM" OR "We").
- IF YOU DO NOT AGREE TO THIS USER AGREEMENT, DO NOT CLICK “START A CLAIM”, “SUBMIT” (OR SIMILAR) AND DO NOT ACCESS OR OTHERWISE USE ANY OF OUR SERVICES.
- THIS AGREEMENT APPLIES TO BOTH USERS AND CLIENTS (FROM THEIR CONNECTION TO THE SITE UNTIL THEY LEAVE THE SITE).
2.3. Ownership of the site
- All Intellectual Property Rights relating to all software, legal algorithm, updates, new versions and copies of said software made available to Users over the Site are, and shall remain, the property of WECLAIM or its transferees, successors or assignees and no title related thereto shall be considered as transferred to Users hereinafter.
- WECLAIM hereby grants Users who accept, a non-exclusive, non-assignable right, for the term of validity hereof, to access and use the Site solely for the purposes of the services described herein.
- Users acknowledge that any information of the Site is the exclusive property of WECLAIM, which is the sole holder of the title and rights to the Site, and which updates and maintains it.
- The duplication right under any Intellectual Property Code, if applicable, only covers display on a single screen and is strictly reserved for private use. Any reproduction, distribution or publication of the contents for commercial or multi-person use without WECLAIM’s prior, written authorization is prohibited.
- Use of a link mechanism is authorized when the pages linked from the Site appear in a complete, separate window with their respective addresses.
- Users shall be prohibited from "reselling" or making available access to the Site and the Services to a third party and/or other Members, for consideration and/or at no cost.
3.1. Scope of Services
- Weclaim provides its Services in connection with the following claims (the "Scope"):
- Baggage claim: Weclaim will provides its Services based on the Montreal Convention, the Warsaw Convention, the US 14 CFR Part 254
- Claim for delayed flight: Weclaim will provides its Services based on the EU 261/2004 Regulation and the Montreal Convention
- Flight cancellation claim: Weclaim will provides its Services based on the EU 261/2004 Regulation
- Overbooked flight claim: Weclaim will provides its Services based on the EU 261/2004 Regulation, the US 14 CFR Part 250.5
- Claim for disturbed train: Weclaim will provides its Services based on the EU 1371/2007 Regulation
- Claim for disrupted ferry: Weclaim will provides its Services based on the EU 1177/2010 Regulation
- Users and Lawyers are fully responsible for the CAP they submit.
3.2. Travel Compensation Calculator
- Weclaim provides Users with a travel claim eligibility and compensation calculator service free of charge (the "Travel Compensation Calculator"). No account is required to access the Travel Compensation Calculator.
3.3. Claim Processing Services.
- Weclaim provides Client with an Amicable Dispute Resolution Service to any User who has previously signed an Assignment Contract. The Assignment Contract can be downloaded by the User prior to signing.
- In the event of Settlement Agreement, Weclaim shall retain a Settlement Fee. See our Pricing Policy for more details.
- In the absence of a Settlement Agreement, Weclaim may, at its discretion, decide to initiate legal proceedings or not to pursue the Claim.
3.4. Court Proceedings Services.
- If the Amiable Phase fails, Weclaim will decide at its discretion to initiate legal proceedings. The Clients accepts that Weclaim may retain, if necessary, the lawyer of its choice.
- Weclaim will fund all costs related to this judicial phase and Weclaim will be entitled in the event of Success to a remuneration as provided by the Pricing Policy.
3.6. Clients declarations and warranties
- The Customer acknowledges that the pursuit of the Claims may or may encourage the Respondent to seek to compromise the Claims, the conduct of the proceedings or the recovery of amounts owing including by contacting and/or paying the Customer directly.
- The Customer undertakes to refuse any payment of any sum or goods of any kind whatsoever for any reason whatsoever.
- If the Customer directly or indirectly receives all or part of the amount of the Claim, legal fees, any other sum, asset or property of any kind, from the Respondent or from a third party in connection with the Claims, the Customer shall immediately and in full pay the aforementioned sums or their monetary equivalent if he has received a non-monetary consideration on the bank account indicated to him.
4. Right and limits
We may change or discontinue any of our services. Also, we have the right to limit how you connect and interact on our services.
- We reserve the right to limit your use of the services. We reserve the right to restrict, suspend, or terminate your account if we believe that you may be in breach of this User Agreement or law or are misusing the services.
4.2. Services availability
- We may change, suspend or end any Service prospectively in our discretion. To the extent allowed under law, these changes may be effective immediately.
5. Users obligations
Here are some promises you make to us in this User Agreement.
5.1. User represents and warranties that any information provided is accurate and current in all material aspects onthe date it was provided or, if appropriate, on the date to which it relates. In particular, User shall have all rights with respect to the content and information provided to the Company and with respect to the Claim itself.
5.2. In general, each User is subject to an obligation (i) to comply with applicable laws and regulations, (ii) not to use the Site for illegal or abusive purposes or to behave unfairly, (iii) to comply with the Intellectual Property Rights related to the content provided by the Company and Lawyers on the Site, (iv) only provide true and accurate data regarding his civil status and personal contact information, and (v) not assume any undertaking on behalf of a third party.
5.3. In the event of the breach of the User Agreement or of a use inconsistent with the purpose of the Site, the Company may terminate access to the Site.
6. No legal advice provided
6.1. Weclaim representatives may, from time to time, provide you with information and resources relevant to your rights, Claim or use of our Service as applicable. Such information may include legal resources. However, you are not to construe such communication as legal advice in any way, shape or form.
6.2. Weclaim is not at any time acting as a legal representative. All communications are for informational purposes only, and not for the purpose of providing legal advice.
7. Personal data
8. Disclaimer and limit of liability
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. And the limits of legal liability we may have to you.
8.1. No warranty
- TO THE EXTENT ALLOWED UNDER LAW, WECLAIM (AND THOSE THAT WECLAIM WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN « AS IS » AND « AS AVAILABLE » BASIS.
8.2. Exclusion of liability
- TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS WECLAIM HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS USER AGREEMENT), WECLAIM (AND THOSE THAT WECLAIM WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
- IN NO EVENT SHALL THE LIABILITY OF WECLAIM (AND THOSE THAT WECLAIM WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT OF EUR 1000.
- THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WECLAIM AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF WECLAIM HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
- SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
These are the non-disclosure rules that apply to the information we exchange.
User shall keep the Confidential Information confidential and shall not:
- use such Confidential Information except for the purpose of exercising or performing its rights and obligations under this User Agreement and conducting a due diligence of the CAP; or
- disclose such Confidential Information in whole or in part to any third party, except as expressly permitted by this Article 7.
The term "Confidential Information" does not include any information that:
- is or becomes generally available to the public (other than as a result of its disclosure by the receiving party or its representatives in breach of this Article 7); or
- was available to WECLAIM on a non-confidential basis prior to disclosure by the User; or
- was, is or becomes available to WECLAIM on a non-confidential basis from a person who, to WECLAIM's knowledge, is not bound by a confidentiality agreement; or
- was known to WECLAIM before the information was disclosed to it by WECLAIM; or
- the parties agree in writing is not confidential or may be disclosed.
Here are some important details about how to read this Terms of Service.
- User represents and warrants that he has the power to use the Site and to enter into these Terms of Service.
- The headings used in these Terms of Service are for convenience and reference only and shall not in any way affect its interpretation.
- A delay or failure in total or in part by a Party in exercising in any respect its rights and remedies provided for in these Terms of Service. is not and will not be a waiver of any right.
- We reserve the right to assign to any third parties of our choice all or part of our rights and obligations under these Terms of Service, which Users accept without qualification.
- If any provision of these Terms of Service (or part thereof) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions of these Terms of Service shall remain in force. The parties to the contract hereby commit to replace the invalid provision with a valid provision that corresponds to the spirit and purpose of the invalid provision and these Terms of Service.
11. Governing law and dispute resolution
In the unlikely event we end up in a legal dispute, it will take place in French courts, applying French law.
This User Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with French law.
The parties irrevocably agree that the courts of France, Tribunal de Commerce de Paris, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this User Agreement or its subject matter or formation (including non-contractual disputes or claims).