For the purposes hereof, capitalized terms shall have the meaning given thereto below, unless the context requires otherwise:
- "Assignment Contract" means the assignment of rights signed by the Client.
- "Amicable Dispute Resolution Service" refers to any amicable, extra-judicial action or alternative dispute resolution process in progress or to be initiated, between the Client and/or Weclaim on the one hand and the Defendant on the other hand, relating to all or part of the Claims in any country.
- "Adverse Costs" means the Client's obligation and/or liability, through any order of a court and/or settlement or otherwise, requiring the Client to pay some or all of the costs including without limitation legal fees, disbursements, or court fees, of another party.
- "Amount Recovered" means (i) all amounts, or material goods and services in cash or in kind, excluding Legal Costs Collected, (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 Client and/or Weclaim in any Proceedings, without taking into account the value attributed to any counterclaim in the aforementioned Settlement Agreement or Judgment.
- "Claim" means the Client's claim (and that of its co-claimants, if applicable), including the security interests, rights, accessories and actions attached to the Claim
- "Client" means any User who fills a claim form and signs the Assignment Contract, including the co-claimants.
- "Confidential Information" has the meaning set forth in the Terms;
- "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.
- "Intellectual Property Rights" refers to all intellectual property rights as provided for by national and international conventions and, in particular, copyright, trademark rights, patents, trade names (including Internet domain names and e-mail address names), copyrights, moral rights, rights on all models, rights on all databases, know-how, registered or not or which may be registered or not and remaining in any part of the world;
- "Legal Action Service" means any legal action, judicial, arbitration, extra-judicial or alternative dispute resolution process pending or to be initiated, between the Customer and/or Weclaim on the one hand and the Defendant on the other hand, relating to all or part of the Claims in any country.
- "Legal Costs Collected" means, (i) in the context of a Settlement Agreement or in the context of a Judgment, the amount due by the Defendant(s) as legal costs, including bailiff, attorney and/or other counsel fees. The Recovered Costs will be returned in full to Weclaim.
- "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 Defendant 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.
- "Services" means the Travel Compensation Calculator, the Amicable Dispute Resolution Service and the Legal Action Service as these terms are defined.
- "Settlement Agreement" means any agreement, payment or other arrangement between the Client and/or Weclaim on the one hand and the Defendant on the other hand, aimed at definitively terminating the Claims pursuant to which the Client and/or Weclaim receives Amount Recovered for all or part of the Claims and which terminates the Proceedings or renders the envisaged continuation of the Proceedings without object in whole or in part. The use of the verb "Settle" shall have the same meaning.
- "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.
- "Site" or "www.weclaim.com" or "Platform Weclaim" means the website www.weclaim.com ;
- "Terms" means these terms and conditions.
- "Travel Compensation Calculator" has the meaning set forth in the Terms
- "User" means any natural or legal person or any robot that visits the Site.
- "Weclaim" or "We" means Weclaim Holding Limited, whose registered office is located at 1st Floor, 9 Exchange Place, I.F.S.C.,Dublin 1, registered in the irish Trade and Companies Register under number 602940.
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 seek compensation for their damages.
- BY USING OUR SERVICES AND/OR SURFING ON WWW.WECLAIM.COM, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT AS IT MAY BE AMENDED BY WECLAIM FROM TIME TO TIME.
- YOUR AGREEMENT IS WITH WECLAIM.
- 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:
- Baggage claim: Weclaim shall provide its Services based on the Montreal Convention, the Warsaw Convention, the US 14 CFR Part 254
- Delayed flight claim: Weclaim shall provide its Services based on the EU 261/2004 Regulation and the Montreal Convention
- Cancelled flight claim: Weclaim shall provide its Services based on the EU 261/2004 Regulation
- Overbooked flight claim: Weclaim shall provide its Services based on the EU 261/2004 Regulation, the US 14 CFR Part 250.5
- Disrupted train claim: Weclaim shall provide its Services based on the EU 1371/2007 Regulation
- Disrupted ferry claim: Weclaim shall provide its Services based on the EU 1177/2010 Regulation
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. Amicable Dispute Resolution Service.
- Weclaim provides 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.
- In the event of failure of the Claim, the Client shall owe nothing to Weclaim.
3.6. Clients declarations and warranties
- The Client acknowledges that the pursuit of the Claims may or could encourage the Defendant to seek to compromise the Claims, the conduct of the proceedings or the recovery of amounts owing including by contacting and/or paying the Client directly.
- The Client undertakes irrevocably to refuse any payment of any sum or goods of any kind whatsoever for any reason whatsoever.
- If the Client 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 Defendant or from a third party in connection with the Claims, the Client 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
- 5.1 User represents and warranties that any information provided is accurate and current in all material aspects on the 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 Weclaim or the 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 Terms or of a use inconsistent with the purpose of the Site, Weclaim may terminate access to the Site.
6. No legal advice provided
- 6.1 Weclaim is not a law firm
- 6.2 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.
- 6.3 Weclaim is not at any time acting as a legal representative. All communications are for informational purposes only, and not for the
7. Personal data
8. Disclaimer and limit of liability
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 NON INFRINGEMENT); (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.
- 9.1 The User undertakes to keep secret and confidential (i) the existence and content of the Claim, (ii) any information received orally or in writing subsequently, in particular by a lawyer, as well as (iii) any information relating to Weclaim (hereinafter referred to as "Confidential Information") and (iv) not to disclose, distribute, reproduce or communicate orally, in writing or in any other way whatsoever, the Confidential Information to third parties.
- 9.2 Weclaim undertakes to keep the existence and content of the Claim secret and confidential and to provide access to the Confidential Information only to persons who need to access it for the purposes of the Project. By way of exception to the foregoing, the User expressly authorizes Weclaim to use information relating to a Claim on an anonymous basis to improve its Services.
- 9.3 Confidential Information shall not include (i) information that Weclaim can unambiguously establish that it had it in its lawful possession before it was communicated to it by the User, (ii) information that Weclaim can unambiguously establish is in the public domain other than as a result of a breach by Weclaim of its confidentiality obligations, which is the case, for example, of court decisions rendered on behalf of the User or (iii) information made available to Weclaim by a third party in good faith who has obtained it lawfully and is not subject to any obligation of confidentiality, in particular towards the User.
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 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.
- Weclaim 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.
10.5.1 Nullity of a stipulation
- If any provision of these Terms (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 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.
10.5.2 Invalidity of the Assignment Contract
- If the Assignment of rights should be declared null and void for any reason, the Assignment of rights shall be valid as a mandate (power of attorney) from the Client to Weclaim, without prejudice to the provisions still applicable, by virtue of which Weclaim receives all powers, on an exclusive basis with the option of substitution of:
li legally represent the Client vis-à-vis third parties with respect to the Claim;
li enter into negotiations with the Defendant and/or commence Proceedings and enter into a Settlement Agreement; and
li to collect any sum related to the Claim.
11. Governing law and dispute resolution
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 Irish law. The parties irrevocably agree that the courts of Ireland, Court of Dublin, 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).