SERVICE AGREEMENT
Flight Compensation Recovery — FlyRecover OÜ
Between:
FLYRECOVER OÜ, an Estonian private limited company (osaühing), registered with the Estonian Business Registry under no. [●], with its registered office at [●], Tallinn, Republic of Estonia, represented by [●] as member of the management board, hereinafter the "Company" or "FlyRecover",
and:
The Client:
- Full name: [●]
- Address: [●]
- Email: [●]
- Phone: [●]
- Payout IBAN: [●]
hereinafter the "Client",
together the "Parties".
1. Purpose
1.1. This agreement (the "Agreement") sets out the terms under which FlyRecover assists the Client in assessing, preparing, negotiating and collecting a compensation, refund or damages claim arising from a flight disruption (the "Claim"), in particular under Regulation (EC) No 261/2004, the UK Air Passenger Rights Regulation 2019, the Montreal Convention 1999, or any equivalent regime.
1.2. The Claim concerns the following flight:
- Airline: [●]
- Flight number: [●]
- Flight date: [●]
- Route: [● → ●]
- Booking reference (PNR): [●]
- Disruption type: [delay / cancellation / denied boarding / downgrade / missed connection]
1.3. The Agreement is supplemented by:
- the Power of Attorney (Annex 1);
- the Funds Collection Authorization (Annex 2);
- the Success Fee Schedule (Annex 3);
- the Terms of Service at https://flyrecover.com/terms;
- the Privacy Policy at https://flyrecover.com/privacy.
2. Nature of the service
2.1. FlyRecover acts as the agent (mandatary) of the Client. The Claim remains the property of the Client. No assignment of the Claim to FlyRecover takes place under this Agreement.
2.2. FlyRecover is authorized to: - (a) assess Claim eligibility; - (b) gather and verify evidence (boarding pass, airline correspondence, flight data, expense receipts); - (c) submit and pursue the Claim with the airline, its agents or any competent intermediary; - (d) negotiate amicable settlement; - (e) refer the matter to the National Enforcement Body (e.g. DGAC in France, CAA in the UK, LBA in Germany); - (f) instruct partner lawyers or bailiffs for litigation under § 5 below; - (g) receive on behalf of the Client all sums due under the Claim, in accordance with the Funds Collection Authorization.
3. Fees ("No win, no fee")
3.1. FlyRecover is paid only in case of success; nothing is owed by the Client in case of failure, save proven Client fraud (§ 7).
3.2. The fee is: - 25 % (excl. VAT) of sums recovered amicably; - + 15 % (excl. VAT) if litigation or counsel in a contentious jurisdiction is required.
3.3. Estonian VAT is added if applicable. For EU consumer Clients, the all-tax inclusive price is shown at signup and on the order confirmation email.
3.4. The fee is calculated on the gross amount actually received from the airline or any third-party payer, before deduction of intermediary banking fees.
4. Payment flow
4.1. In accordance with the Funds Collection Authorization (Annex 2), sums due under the Claim are paid into a dedicated client funds account of FlyRecover, segregated from the Company's working capital.
4.2. FlyRecover transfers the net balance (recovered sums – fee – intermediary banking fees) to the Client's IBAN within fourteen (14) business days of receipt of cleared funds and of completion of internal AML/anti-fraud checks.
4.3. If the IBAN is invalid or rejected, the Client has three (3) months to provide valid bank details; thereafter, a flat handling fee of EUR 5 (excl. VAT) per month may be charged.
5. Use of partner lawyers
5.1. If litigation is required in a given jurisdiction, FlyRecover may instruct, on behalf of the Client and at no upfront cost to the Client, a partner lawyer or firm.
5.2. The Client expressly consents to such substitution in the Power of Attorney. Any lawyer's fee is pre-financed by FlyRecover and offset by the litigation surcharge under § 3.2.
6. Client obligations
6.1. The Client warrants: - (a) accuracy of information and authenticity of documents submitted; - (b) being personally a passenger on the flight or duly authorized to act on behalf of every co-passenger listed in the Multi-Passenger Declaration; - (c) not having assigned the Claim or granted any conflicting exclusive mandate; - (d) not having received the disputed compensation in whole or in part; - (e) not having accepted vouchers or travel credits waiving the compensation, without disclosing such acceptance.
6.2. The Client undertakes to: - (a) forward without delay any communication received from the airline regarding the Claim; - (b) notify FlyRecover of any direct payment received from the airline (in which case the fee under § 3 remains payable); - (c) reasonably cooperate with requests for additional documents.
7. Fraud
7.1. Any false statement, forged document or scheme to obtain undue compensation entitles FlyRecover to close the Claim immediately, retain sums received and report the matter to competent authorities.
7.2. The Client shall bear actual costs incurred by FlyRecover and any damages.
8. Timing
8.1. FlyRecover does not guarantee outcome, amount or timing. Typical durations: - amicable: 4 to 12 weeks; - litigation: 3 to 18 months.
8.2. No undertaking of result is given.
9. Termination
9.1. The Client may terminate at any time by email to support@flyrecover.com, subject to costs effectively incurred and the fee on sums already recovered or about to be recovered as of termination.
9.2. FlyRecover may terminate in case of (i) Client fraud or false statement, (ii) manifest ineligibility of the Claim, or (iii) circumstances making continuation economically unreasonable. No indemnity is owed in such cases.
10. Right of withdrawal (EU B2C)
10.1. EU consumer Clients have a fourteen (14) day withdrawal period from execution, no reason and no cost, by using the withdrawal form annexed or by email to support@flyrecover.com.
10.2. The Client may expressly request the service to start before expiry of the withdrawal period. If the Client then withdraws while the service has begun, the Client owes FlyRecover an amount proportional to services rendered, capped at costs actually incurred.
10.3. If the Claim has been fully performed before expiry (compensation already collected and remitted), the right of withdrawal lapses.
11. Personal data
11.1. Processing of Client personal data is governed by the GDPR-compliant Privacy Policy at https://flyrecover.com/privacy.
12. Liability
12.1. FlyRecover is liable only for direct, proven damage resulting from its fault, capped at the amount of fees actually received under the Claim.
12.2. Indirect damages, loss of opportunity and moral damages are expressly excluded.
13. Governing law and jurisdiction
13.1. The Agreement is governed by Estonian law, without prejudice to mandatory consumer protection rules applicable to the Client.
13.2. Disputes fall within the exclusive jurisdiction of the Harju County Court (Tallinn, Estonia). EU consumer Clients retain the right to sue in their EU country of residence.
13.3. EU online dispute resolution platform: https://ec.europa.eu/consumers/odr.
14. Electronic signature
14.1. The Parties agree that electronic signature — by clicking "I accept", SMS OTP, scanned wet signature, or via an eIDAS provider (DocuSign / Yousign / Dropbox Sign) — has the same legal value as a handwritten signature, in accordance with Regulation (EU) No 910/2014 (eIDAS).
Executed electronically on [date].
| FlyRecover OÜ | The Client |
|---|---|
[Signatory name] |
[Client name] |
| Member of the management board | Address: [●] |
| Signature: ☐ accepted | Signature: ☐ accepted |
Annexes: 1. Power of Attorney 2. Funds Collection Authorization 3. Success Fee Schedule 4. Withdrawal Form 5. Multi-Passenger Declaration (if applicable)