Terms and Conditions Yource B.V.

Identity of the entrepreneur

Postal address:
Postbus 3650
1001 AL Amsterdam

Visiting address:

Overtoom 197-2, 1054HT
Email: info@flight-delayed.com
KvK number: 52683702

A. Definitions

In these Terms and Conditions, the following definitions are used:

1. Yource: the private company with limited liability, Yource B.V., also operating, but not limited to, under the name Green Claim B.V., Flight-Delayed.com, Flight-Delayed.co.uk, registered in the Trade Register under reference number 52683702 and has its registered office in Amsterdam, hereinafter to be referred to as Yource;

2. Terms and Conditions: the present Terms and Conditions of Yource B.V.;

3. Client: the principal of Yource, who is also the (flight) passenger who has a claim against another party such as an Airline, Tour Operator and/or Trader/Reseller/(Travel) Agent. The Client can be an independent principal, but can also be representing for example (co-) passengers such as (a) parent(s), guardian(s) or the lead passenger of a travelling party.

4. Claim: a demand of Yource, on behalf of and/or authorised by the Client(s), against the Airline and/or Tour Operator and/or Trader, Reseller of a (package) trip (service) and/or flight ticket.

5. Compensation Service: the service provided by Yource to submit a claim for the Client. This may include starting legal proceedings.

6. Lead Passenger: the Client who entered into a travel or transportation agreement with an Airline or Tour Operator on behalf of other passengers (the so-called representative) and/or has paid for these co-passengers.

7. Opposing Party: The party to be addressed by Yource and/or on behalf of the Client in a claim or legal action, such as an Airline, Tour Operator or Trader, Reseller of a (flight) trip (service).

8. Airline: the airline that (partially) operated or intended to operate the delayed, modified, overbooked, downgraded or cancelled flight, and/or that can be referred to as the carrier for any type of damage or unjustified enrichment.

9. Tour Operator: the company or the legal entity who composes or sells a package trip, or can be considered as a Tour Operator within the meaning of EG 2015/2302 and/or the national legislation transposed in the relevant Member State.

10. Reseller/Trader or (Travel) Agent: the company that mediates in the sale of a travel service and/or states to act as an intermediary or agent and/or could be considered as a Reseller/Trader or (Travel) Agent within the meaning of EG 2015/2302 and/or EG 261/2004.

11. Travel service: a hotel stay, car or camper rental, flight ticket or other (significant) tourist activity.

12. Contract: the Agreement between the Client and Yource based on which the Client provides Yource with a mandate and/or Power of Attorney and/or (explicitly and voluntarily) the permission to:

Collect compensation and/or refunds and/or damages and/or taxes and/or cancellation costs and/or supplement costs - the Claim- and
Allow Yource to perform all required (legal) actions to collect the Claim, which comes into effect by providing the Power of Attorney or an assignment for that purpose.
Contract a lawyer in the Client's name. As long as no additional Power of Attorney for the contract lawyer is mandatory in the country where Yource will choose to take legal action.
Be replaced for all legal actions by an authorised representative who acts or is obliged to act on behalf of the Client and Yource, which can be (but is not limited to) mandatory legal representation.

13. Right of withdrawal: the possibility of the Client to cancel the distance contract within the statutory 14 days cooling-off period. For more information about the European regulations and exceptions, we refer you to the link https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm. The relevant provision will also be covered in article C of these Terms and Conditions.

14. Procedure: The activities commence as soon as the Client has instructed Yource by signing the Power of Attorney/mandate or by any other means through which the Contract becomes legally binding. Yource can and will draft and send letters to try and collect the sums owed as part of the Claim and/or conduct all necessary (legal) actions, at its own discretion. Yource reserves the right to stop the Claim at any point or to unilaterally end the Contract, if Yource has a good reason to do so. In case a claim is not collected in the extrajudicial procedure, it is up to Yource to assess if it wants to commence the Judicial Process.

15. Judicial Process: the legal measures that Yource takes with regards to the Claim by and/or on behalf of Yource, which includes (but is not limited to) the drafting of summons and/or conducting a judicial process against the Opposing Party, Freedom of Information Act requests, applications, enforcement requests and reaching an amicable settlement with the Opposing Party, collecting the Claim and the judicial costs from the Opposing Party. Yource explicitly reserves the right to cease the Judicial Process. If Yource starts or enters the Judicial Process and your claim is being cashed, the Service Fee as well as the Legal Fee applies. Please also see the Price List with regard to the fee/costs.

16. No Win, No Fee: Yource or its representative(s) will act as the representative of the Client based on a No Win, No Fee agreement. The Client owes a certain success fee in case Yource at any moment and from the signing of the Power of Attorney onwards successfully achieves a claim, either by Yource receiving the payment or by the receipt of the (claimed or to receive) funds by the Client. Depending on our (legal) actions, the Service Fee and the Legal Fee apply. With regard to the fee/costs, please also see Article G and the Price List.

B. General

These Terms & Conditions apply to the Contract that is created between Yource or its affiliated companies, trade names, brand names and websites and Client, and in which Yource collects compensation and/or costs (damage) pursuant to a flight delay, denied boarding, flight schedule change and/or ticket refund and/or the long delays in French court proceedings under – but not limited to - EG 261/2004, EG 2015/2302, EG 1008/2008/ or the Montreal/Warsaw Convention (or EG 889/2002) and national law, judgements and case law. By the (digital) signing of the Power of Attorney by the Client via the website(s) of Yource, including, among others, flight-delayed.co.uk, the Contract between Yource and the Client comes about.

1. Yource offers specific services for obtaining legal compensation, damages or undue payments based on, among others, EC 261/2004, EC 2015/2302, EC 1008/2008, the Montreal Convention, EC 785/2004, UK 261.

2. From the moment Yource has received the Claim, it shall use all reasonable endeavours to collect the Claim, yet it explicitly applies that the decision to process the Claim does not lead to a results obligation. Yource shall act as a diligent service provider.

3. The Client will be informed as much as possible about the possibilities of collecting the Claim. However, no rights can be derived from the advice and recommendations of Yource. Yource does not provide any guarantees about whether or not the Claim will be successfully collected.

4. Yource has a digital environment (account) where it keeps the Client informed about the course of the Claim. The Client can also reach Yource through chat or email. Yource is not liable/cannot be held liable for any consequence of the Client neglecting to read possible notifications that were put on the digital Yource environment and/or that Yource has sent to an email address provided by the Client. See also E. Obligations of the Client.

5. Yource is at any time - without providing reasons - entitled to not process the Claim further, without there being any entitlement to (damage) compensation. This does not apply in case Yource or the Client has received or was notified of an assignment of the payment of the Claim.

6. The Client shall at all times be entitled to withdraw a submitted claim - stating the reasons for such withdrawal. This means that cancellation fees may apply, see also C. Right of withdrawal of the Client.

7. Yource will charge costs if it appears that the Client has received any payment directly from an opposing party from the moment of signing the Power of Attorney. See also article B.4. These costs can increase considerably depending on the efforts already made, but also if a judicial procedure has commenced and include for example wages, court fees, bailiff fees, collection costs, translation costs etcetera. Yource will submit a detailed statement of these costs. Please also see article G.2. and our Price List.

8. The Contract between the Client and Yource is in force until the Claim is explicitly closed in writing by Yource or the Client (and/or the Power of Attorney by the Client) and/or is paid out to the Client, in compliance with the provisions in Articles B.5, B.6 and/or B.7 and/or B.4. and/or C.3. These Articles shall remain fully applicable.

9. The Client acts unlawfully against Yource when the Client, without the knowledge of Yource, performs (legal) actions independently or via third parties to collect the claim or gives the instruction to do so to third parties after signing the Power of Attorney. In such a case, the Client will be held responsible for the costs reasonably incurred by Yource.

C. Right of withdrawal of the Client

1. The Client has the statutory right to withdraw from the distance contract within the legal cooling-off period of 14 days, except as provided in Article C.2. This period starts from the moment the Power of Attorney is signed.

2. From the moment the Power of Attorney is signed by the Client, the Client explicitly consents with the commencement of the activities to be performed by Yource. Yource will immediately perform activities on behalf of the Client. In case Yource has completed the activities and has achieved the claim or has received a promise of assignment within 14 days, either directly or from the Client, the Client waives the right of withdrawal. Thus, the statutory cooling-off period of 14 days can no longer be relied upon free of charge, but the service fee is due. With regard to the service fee/costs, please see also the Price List.

3. The Client is made aware of the so-called cancellation form https://www.citizensadvice.org.uk/consumer/template-letters/letters/cancelling-goods-or-services/letter-to-cancel-a-service-arranged-online-over-the-phone-or-by-mail-order/. Moreover, the Client can terminate the Contract in any written and unambiguous way (in other words withdraw the Power of Attorney), so articles B.6. and/or B.7. and/or B.4. and/or C.2, C.3, C.6, C.7 en C.9 apply.

4. The risk and the burden of proof for the correct and timely exercise of the right to withdrawal lie with the Client.

D. Privacy

1. All (personal) data collected within the scope of the execution of the Agreement (the Compensation Service) are subject to our Privacy Statement (https://www.flight-delayed.com/privacy).

E. Obligations of the Client

1. By signing the Power of Attorney, the Client declares that all information provided is accurate, complete and true.

2. The Client will inform Yource of all correspondence previously sent to or received from the Opposing Party. This includes any offers, voucher(s) and discounts given or made in regard to the Claim before, during or after this Contract was entered into.

If this is not met, Yource may charge the Service Fee and/or Legal Fee and/or costs to the Client.

3. The Client will always comply with Yource’s instructions regarding the Claim and will, insofar legal, opportune, reasonable or justified, proceed to follow these instructions. Yource cannot be held liable and/or responsible for any damage, and/or the expiration of legal terms or limitation periods resulting from the Client's failure to do so.

4. The Client will refrain from communicating (directly or via third parties) with the Opposing Party once this Contract has been entered into, and throughout the entire process, unless expressly agreed upon with Yource in writing or will inform Yource immediately if they are contacted by another party than Yource. Yource cannot be held liable for any (possible) damages or the loss of a claim and/or the entitlement to (further) damages/compensation resulting from the Client's own actions.

5. The Client will always and immediately inform Yource of any news or developments regarding the Claim.

In case the Opposing Party communicates any offer or news directly to the Client, the Client is obligated to immediately inform Yource in writing (email or through the account). If the offer can be considered as a (to be received) payment, as set out in article G.12, Yource can charge the Service Fee and/or Legal Fee.
Yource cannot be held liable for the Client's failure to follow this instruction or any consequences thereof, yet refers explicitly to articles B, C and E.

6. If the Client's contact details change after the Contract has been entered into, the Client will immediately inform Yource of these changes. Yource cannot be held liable and/or responsible for the loss of time and the expiration of legal terms or limitation periods, as well as for any other possible consequences resulting from the Client's failure to provide accurate contact details or the failure to inform Yource of any changes.

7. The Client is not permitted to transfer (assign) or file the Claim during the entire process of the claim, unless in writing agreed upon with Yource and subject to (possible) costs. Therefore a relative prohibition on assignment applies. Should you wish to transfer the potential payment of the Claim to a third party, Yource may be able to provide our cooperation in this matter. You may submit a (substantiated) request regarding this to our customer service team. Think for example about a case involving a trustee who should receive the payment, a liquidator, and/or the division of an amount to be received due to divorce proceedings, etc.

8. The Client is allowed to terminate the Contract early at all times, provided that the Client explicitly informed Yource of this in writing. Terminating the Contract early, is generally subject to costs, in accordance with the provisions set out in these General Terms and Conditions and our Price List.

9. In case (part of) the Claim will be paid out by the Opposing Party, the Client will owe a success fee of the total collected (or to be collected) compensation amount.

In case the Claim is awarded to Yource through a court judgement, all awarded legal costs will accrue to Yource. The Client will never receive any percentage on these allocated legal costs.
In case the payment was made to Yource directly, Yource will withhold the Service Fee and (possibly) the Legal Fee on the total amount to be received by the Client.
In case (part of) the Claim will be paid out to the Client by the Opposing Party, in compliance with the other provisions set out in these Terms and Conditions, the Client will owe the Service Fee, (possibly) the Legal Fee and (possibly) costs incurred to Yource. The Client is obligated to make the payment to Yource within 14 days of receiving the invoice.

10. The Client agrees by signing the Power of Attorney that payment can only be validly made to Yource.

11. In the event of a late payment or an incomplete payment, after sending a notice of default and summons for payment, a debt collection process can be initiated.

In that case, the Client shall be obliged to pay the costs incurred by Yource (the damage) and/or loss of profit and turnover, from which a possible payment already made can be deducted. All previously mentioned costs will then be recovered from the Client. The extrajudicial collection costs will be determined in accordance with the applicable legal provisions in force.
Each payment made by the Client shall first apply to the payment of any possible owed interest and subsequently to the payment of the made (legal) costs. Only after these amounts have been paid will any payment made by the passenger be applied to the outstanding principal sum; the Service Fee and (possibly) Legal Fee. We reserve the right to offset fees or claims still to be received by already received payments or outstanding payments for any service or agreement.

12. The Client is obliged to immediately inform Yource about the direct receipt of funds from any Opposing Party of their representative(s) and/or any communication from or on behalf of the Opposing Party, other than Yource itself.

If the Client fails to do so or withholds information and the receipt or the promise of a payment by the Opposing Party comes to the attention of Yource at a later time, the Client can be held liable for any legal actions already started by Yource on behalf of the Client and that led to costs. In such a case, these costs will be recovered from the Client. See also Article B.7, B.9, E.12, G, H and our Price List.

13. The Client is obliged to independently cancel any existing filed dispute with the Opposing Party regarding the Claim from the moment the Power of Attorney is signed.

F. Liability

1. Yource has an obligation to investigate the Client's claim to its best efforts. The investigation results of Yource are of a decisive nature and are not subject to communication.

2. Since there is a Contract in place, Yource must exercise the care of a good contractor in its activities. This means that the (legal) employees must act as a reasonably competent and reasonably acting professional would act.

3. Any further liability of Yource, except in cases of intent or gross negligence, is excluded, unless mandatory provisions stipulate otherwise. This exclusion of liability covers - except for and at most the compensation awarded by an Opposing Party - but is not limited to: all (in)direct damage(s), non-material damage, loss of profit and business damage, and any damage on whichever grounds.

Yource and/or its (legal) employees or collaboration partners may also invoke these Terms and Conditions.
Yource and/or its employees and/or collaboration partners are likewise not liable for any damage(s) - unless Yource has received or holds compensation that rightfully belongs to the Client - if and insofar as the Client has recovered or could recover their damage(s) under any legal assistance, travel or cancellation insurance and/or can still request or utilise such insurance to pursue a claim within the statute of limitations.

4. It shall be at Yource's sole discretion to take or initiate legal action(s) to pursue the Claim or to (have it) collect(ed) (it).The decision shall be made by Yource on the basis of the documents made available to Yource and/or information made available or received by Yource. Yource shall be entitled - without being liable for any compensation or damage(s) - to refrain from taking legal measures or any action if it deems such action inopportune, for whatever reason.

5. Yource cannot be held liable for any damage that may result from possible expiry of the Claim if the Client has not provided Yource with all the necessary documents required to process its claim.

This includes a valid Power of Attorney, a copy of a valid identity document; a boarding pass, E-ticket or baggage tag, or;
if a connection has been missed or a flight has been cancelled, the alternative flight schedule.
Yource may request a full booking document or a copy of the (travel) agreement with an Opposing party.

6. In accordance with EC 524/2013, we remind the Client of the possibility of submitting a(n arisen) dispute about a service agreement entered into via the internet with Yource to the ODR. To this end, see: https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/alternative-dispute-resolution-consumers_nl

7. Yource notes that this provides a definitive title to enforce payments or measures with an Online Dispute Resolution (ODR) opinion.

G. No Win no Fee

1. No fees will be charged if no form of reimbursement or payment of the Claim is obtained from the Opposing Party, unless it concerns a case as described in Article:

H.4;
H.12;
C.2;
B.6;
B.7;
B.4;
B.7;

H. Fees

1. All prices and/or rates are expressed in euros and include the applicable VAT, unless explicitly stated otherwise in writing.

2. Yource applies a Service fee once the Client's claim is collected by Yource in any way.

3. If the Claim is paid directly to the Client, after the Contract is entered into with Yource (as referred to in A.11), it will be assumed that the Claim was paid out thanks to Yource's work and efforts. In such a case, Yource shall apply a Service fee, and if applicable, a Legal fee.

4. If legal action needs to be taken to collect a claim, in addition to the Service fee, a Legal fee will be charged. Legal measures include, but are not limited to;

Drafting a notice of default;

Preparing and/or serving (draft) summonses, legal documents and briefs;

Initiating enforcement measures, such as (imposing a) seizure;

Filing enforcement requests and/or WOO requests;

Handling petitions in connection with submitted requests;

Reaching amicable settlements.

5. The amount of the Service Fee and Legal Fee can be found in our Price List.

6. All amounts received by Yource from the Opposing Party after entering into the Contract with Client will be regarded as amounts collected through the work and efforts of Yource. Whether or not the Client contributed to the collection of the amounts does not change this.

7. Yource is at all times authorised to deduct the Service fee and the Legal fee from the amounts (to be) received and deposited to Yource's account.

8. From the moment the Contract is entered into, Yource may collect statutory interest and other (actual) incurred costs from the Opposing Party. These costs include, but are not limited to;

(Extra)judicial (collection) costs;

Court fees

Court costs

Translation costs

Bailiff costs

Authorised representative's salary

Post-procedure costs

9. In the event of payment, the costs described in the previous article will go to Yource in their entirety, unless otherwise agreed in writing.

10. As stated in (among others) article E.12, the Client will notify Yource immediately of any direct payment to the Client, but no later than 14 days after acceptance or receipt of the (payment) offer. If Client fails to do so, all costs incurred to collect the Service Fee and/or Legal Fee shall be borne by Client.

Accepting any offer in the form of a cheque, air miles, voucher and/or cash is also (but not exhaustively) considered a payment.

11. If the amount of the direct payment is less than the Claim with Yource, Yource will reduce the basis of the applicable Service Fee to the value of the amount received by the Client.

12. If the amount offered directly to the Client exceeds the amount of the Claim with Yource, Yource will not increase the basis of the applicable Service Fee. Should Yource have already taken legal action(s), the Legal Fee will also be charged, as stated in article H.4.

13. Yource reserves the right to increase the Service fee and the Legal fee for future Contracts.

I. Payment

1. A Claim submitted by Client usually has multiple passengers and only one specified mail address through which communication is made and/or the Client's Account is linked to. The Client uploading the Claim thereby acts (partly) as the contact person for the other Client(s) under the same Claim. This is important for the processing of the Claim for the following reason(s):

2. Only after collecting the Claim will Yource ask the Client (the contact person) for the payment details to which the payment can be made. Upon receipt of these details, Yource will make a payment within 30 days.

3. Payments shall be made to the (bank) account number provided to Yource by the Client. The Client who acts as the so-called contact person for the Claim or the Client who has provided the mail address for any contact and has provided the payment details to Yource declares that they are thereby also responsible for any distribution/allocation/settlement of the funds (to be) received from the Claim for the other Client(s) they represent as the contact person.

Yource is not liable for any damage resulting from providing incorrect bank details by the Client (the contact person). Yource is also not accountable for any arising or existing discussion about a payment made to the Client (contact person) in relation to article I.3.
If a bank charges any transaction fee(s) for transferring an amount to the Client, these transaction fees shall be borne by the Client. The transaction fee will be deducted from the amount payable or invoiced if the amount is received directly by Client.

c. Yource is not obliged to make any payment again if the payment details provided by the Client are (prove to be) incorrect.

J. Force Majeure

1. Yource is not obliged to fulfil any obligation towards the Client if it is prevented from doing so due to force majeure or a circumstance that is not its fault, nor for which it is responsible under the law, a legal act or generally accepted standards.

2. Force majeure shall in any case mean: all external causes, foreseen or unforeseen, which Yource (reasonably) cannot or could not influence, as a result of which Yource is unable to fulfil its obligations towards the Client.

Yource is entitled to invoke force majeure if the circumstance prevents (further) fulfilment of the Contract after Yource should have fulfilled an/any obligation under the Contract.

3. Yource may suspend its obligations towards the Client while the force majeure situation continues. Any obligation to still perform the obligation(s) expires after the duration of one (1) year, measured from the moment the obligation(s) were suspended due to the force majeure situation.

K.Statute of limitations

1. The statute of limitations for all claims against Yource and third party(ies) engaged by Yource in the execution of the Contract shall be one (1) year and one (1) day, starting from the day of a final judgement, closure of a Claim or payment of a Claim.

L. Governing Law

1. Any dispute that may arise between the Client and Yource, stemming from these Terms and Conditions or the Contract, shall be governed by Dutch law. This does not affect mandatory provisions of the legal system that would apply without this choice of law clause, e.g. the mandatory provisions of the Customer's country of residence.

2. Where Yource initiates legal proceedings to redeem the Claim, the procedural law of the country in which the proceedings are conducted, shall apply.

3. If one or more provisions of these Terms and Conditions are declared non-binding, void or non-enforceable, this shall not affect the remaining provisions.

In the above-mentioned case, Yource reserves the right to replace the non-binding, void or non-enforceable provision(s).
If a service, included in the Contract, is subject to an EU Treaty or Regulation, Yource may invoke an exception or limitation of liability granted or permitted to a service provider under that Treaty or Regulation.