Terms and Conditions (EN)
01/02/2025
Terms And Conditions
These Terms and Conditions (the “Terms”) constitute the legally binding agreement between a customer (“Customer” or “you”) and GateClaim with regard to the provision of our Services. By accepting these Terms, you agree to be bound by them, any additional terms applicable to our Services you have selected, and our Privacy Statement.
We recommend that you do not engage with GateClaim for any of our Services until you have read and understood these Terms, our Privacy Statement and our fees. If you have any questions, doubts, or concerns, please contact us at office@gateclaim.com or check out our FAQs.
USE AND NATURE OF OUR SERVICES
Use of our Services
By accepting these Terms and using our Services you affirm you are:
- a natural person over the age of legal majority in your country of residence who can enter into legally binding agreements under applicable law.
- authorized to enter into these Terms and any Service specific terms on your own behalf, and, where applicable, on behalf of other passengers.
Nature of our Services
- GateClaim provides services to help air passengers manage the impact of flight disruption. These services may change from time to time, but include facilitating the processing of Claims on behalf of passengers before Airlines enforcing air passengers’ rights (including, but not limited to, claiming compensation) arising from delayed or canceled flights and/or other related issues.
- GateClaim is not a law firm; and is not acting as a lawyer on your behalf or providing you directly with legal services. Nevertheless, during the provision of our Services and in accordance with the Terms and Forms, GateClaim may engage with contract Lawyers or contract attorneys for the purpose of providing our Services.
DEFINITIONS
In these Terms, the following defined terms shall have the meanings stated below:
- “Electronic Signature”/ “Digital Signature” means a signature provided by you electronically via the online GateClaim signing tool, and considered the equivalent of a handwritten signature. In the event you are unable to provide a signature online, a handwritten or scanned signature may be provided.
- “GateClaim” is a trading name used by Loginterim SRL, with legal address in sos. Stefan cel Mare 240, Sector 2, Bucharest, Romania, Trade Registry Number J40/10214/2014, fiscal code RO33541436.
- “GateClaim” includes any entity that is, directly or indirectly, controlled by Loginterim or which controls Loginterim, whether through the ownership of share capital and/or voting securities, by contract, or otherwise.
- “Dashboard” means the members-only area accessed via my.gateclaim.com, where customers can check and manage the status of their Services.
- “Third Party” means a person or entity under contract with GateClaim to assist in the provision of our Services either directly or indirectly to the Customer.
- “Airline” means the commercial airline that operated the flight for which our Services may be provided.
- “Air Passenger Rights Regulations” means any law, regulation, directive, international convention, or similar, whether issued on a state, federal, European Union, national, international, or regional level, and case law, upon which a consumer may claim monetary compensation, damages, or refunds in the event of overbooked, delayed, canceled, or otherwise disrupted flights or luggage-related issues. These may include, without limitation, general consumer protection laws, “EC 261”: Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated 11 February 2004; “UK 261”: The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019; Turkish “SHY” passenger regulation, Canadian Transportation Act: Air Passenger Protection Regulations, and “MC 99”: The Montreal Convention 1999.
- “Assignment Agreement” means the document, in electronic or other format, requested by GateClaim on a case-by-case basis, whereby you and GateClaim agree that GateClaim shall become the owner of the Claim, subject to the terms of the Assignment Agreement, in order to collect and receive payments.
- “Authority Document” means the document which authorizes GateClaim and/or an GateClaim Group Company or GateClaim Third Party to act on your behalf with regard to your Claim. The document may be in many shapes and forms, due to various jurisdictional requirements, including, but not limited to, a power of attorney or certificate of authorization.
- “Claim” means any claim against an Airline for monetary compensation, damages, or refund in accordance with Air Passenger Rights Laws or an Airline’s goodwill.
- “Compensation Service” means the service whereby GateClaim, either by itself or together with its Group Companies and Third Parties, pursues a Claim on your behalf. This may include Legal Action⦁ “Customer” means you; the person who has accepted these Terms. The Customer may also be referred to as “Client” on some documents.
⦁ “Discretion” means that GateClaim has the right to make decisions with regards to your Claim. Our decisions are based on data, and are described further in section 4: How GateClaim makes decisions with regards to your Claim.
⦁ “Eligible Claim” means a Claim that GateClaim has assessed, within its sole Discretion, as a Claim that GateClaim is willing to pursue on your behalf by providing you with the Compensation Service.
⦁ “Eligibility Service” means the service provided by GateClaim to determine whether your Claim is an Eligible Claim.
⦁ “Flight Compensation” means the total amount of money, or other receivables (where accepted by GateClaim in its Discretion), paid by an Airline in relation to a Claim as compensation, refund, damages, settlement, a gesture of goodwill, or otherwise, to you or GateClaim as a result of the Compensation Services. For the avoidance of doubt, Flight Compensation does not include any payments or reimbursements of Legal Expenses, collection cost, interest, or similar, which have been pre-financed by GateClaim or result from GateClaim’s intervention.
⦁ “Fellow Passenger” means any passenger who the Customer has included in the Form for receipt of Flight Compensation, such as a family member or passenger that traveled together with the Customer on the Airline.
⦁ “Form” means the Assignment Form, Authority Document, power of attorney, or other documents which enable GateClaim and GateClaim Third Parties to provide the Customer with our Services. GateClaim will determine which Form is the most appropriate on a Claim by Claim basis.
⦁ “Goodwill Claim” is where GateClaim makes a request to the Airline, in absence of developed Air Passenger Rights Regulations, for Flight Compensation. The Flight Compensation for Goodwill Claims may be monetary or in kind, such as a flight voucher, fidelity points, or air miles.
⦁ “Information Service” means GateClaim’s provision of flight information, airline information, airport information, other travel-related information, and information about air passenger rights under applicable Air Passenger Rights Regulations. The information may be either specific to the Customer’s flight or non-flight-specific general information. The information will be delivered through electronic communication, including email, a personalized dashboard, or GateClaim controlled websites.
⦁ “Lawyer” means any attorney at law and/or law firm that GateClaim has contracted with for Legal Action or other legal services with regard to a Claim.
⦁ “Legal Action” means the preparation and filing of a Claim for judicial action, either by filing the Claim in court or before a government body, such as a national enforcement body (NEB), or handing over a Claim to a Lawyer, for presenting the Claim directly to the Airline or for judicial action, or moving the Claim from one jurisdiction to another.
⦁ “Legal Action Fee” means the fee that GateClaim charges you when you receive Flight Compensation for the provision of the Compensation Service that included Legal Action. The Legal Action Fee is paid in addition to the Service Fee.
⦁ “Legal Expenses” means all fees incurred by, paid by, or awarded to you or GateClaim in furtherance of a Legal Action, including, but not limited to, attorneys fees, application fees, court and clerk costs, translation costs, bailiff’s costs, extrajudicial collection, or any other related fees and expenses.
⦁ “Membership Period” means the period of time when an GateClaim+ Member is entitled to use the GateClaim+ Services. For a yearly Member this is from the date and time of purchase for one full year, unless renewed. For a single booking this is from the date and time of purchase and continues for a limited time thereafter (as further described in these Terms) and is only applicable to the flight for which the Membership was purchased.
⦁ “Our Fees” means the fees and charges listed at ⦁ https://www.⦁ gateclaim⦁ .com/en-gb/our-fees/ specifying accepted currencies, methods of payment which are payable by you to GateClaim. In addition to Our Fees, GateClaim may be entitled to Legal Expenses from the Airline as described in these Terms.
⦁ “Reassignment Form” means the document that you and GateClaim sign assigning the rights of your Claim back to you, or authorizing your Claim back to you.
⦁ “Service Fee” means the fee that GateClaim charges you when you receive Flight Compensation following the provision of the Compensation Service.
⦁ “Services” means any of our services, including, without limitation, the Eligibility Service, Compensation Service, Information Service, or any other service provided by GateClaim or an GateClaim Third Party to you in accordance with these Terms and any additional terms specific to the Services selected by you.
⦁ “Withdrawal” means the process set forth in the Withdrawal and Termination section by which the Customer withdraws from either the Compensation Service or the Membership or whereby GateClaim withdraws from the Compensation Service.
⦁ “VAT” means any system of value added tax.
WITHDRAWAL AND TERMINATION
Your Right of Withdrawal of Compensation Service and Membership
⦁ If you qualify as a consumer under the European Union (EU), the European Economic Area (EEA), and the UK consumer regulations, meaning that you are an individual who engages in a legal transaction for a purpose other than your commercial or independent vocational activity, then you possess a legal right of Withdrawal.
⦁ You have the right to withdraw from the Compensation Service or Membership within 14 days from the commencement of the Compensation Service or Membership for free and without the need to specify any reasons. To exercise your right to Withdrawal, the Withdrawal must be communicated (e.g., by letter, email, or contact form) within the 14-day period mentioned above, and it must clearly state your wish to withdraw from the Compensation Service
⦁ Due to the nature of the service provided, you agree that you cannot withdraw from
⦁ the Compensation Service if GateClaim has informed you that the Airline has accepted the Claim.
⦁ any Service where, by the nature of the Service, GateClaim has already completed the provision of the Service by the time of the withdrawal request.
⦁ The Withdrawal shall be sent to:
Loginterim SRL
calea Bucurestilor 84, Bl. B2-1, Ap 21, 075100 Otopeni, Ilfov, Romania
or email: office@gateclaim.com
⦁ After the 14-day Withdrawal period, you may Withdraw your acceptance of the Compensation Service or Membership subject to the Terms.
Withdrawal of Compensation Service by GateClaim
⦁ GateClaim has the right to withdraw from the Compensation Service in the event of identifying obstacles beyond the control of GateClaim that prevent GateClaim from obtaining Compensation for you. These may include, but are not limited to, Airline insolvency, court closure, lockdown measures, low Flight Compensation value etc. In these cases, GateClaim shall notify you of the obstacles and close your Claim. No fee will apply
Termination of the Compensation Service
⦁ The Services will terminate upon the earlier of the following to occur:
⦁ The Compensation Service terminates when the Claim has been settled with the Airline, you have received the Flight Compensation, and all amounts payable by you to GateClaim, if any, have been paid, or
⦁ Either you or GateClaim, at any time, for any reason, give timely written notice of termination; or
⦁ By GateClaim immediately where
⦁ you have breached your obligations under the Terms or any other applicable rules or regulations,
⦁ you have provided incorrect information, engaged in fraud, or engaged in activities that GateClaim may reasonably suspect to be misleading or fraudulent, in which case you will not be entitled to the Flight Compensation or any other payments.
⦁ GateClaim reserves the right to claim its losses when terminating as a result of your breach.
Consequence of Termination and Withdrawal of the Compensation Service
⦁ Upon termination of the Compensation Services for any reason, you shall immediately pay any fees payable to GateClaim under the Terms, including without limitation in the case of Customer Withdrawal after the Airline confirms the payment of Flight Compensation.
⦁ GateClaim will not automatically reassign your Claim to you upon Withdrawal or termination. You must request GateClaim to reassign your Claim, and GateClaim will send you the Reassignment Form for you to sign.
⦁ In the event that you Withdraw from the Compensation Service or GateClaim terminates due to your breach of the Terms, GateClaim shall be entitled to obtain the following from you:
⦁ GateClaim’s Legal Expenses, if GateClaim has commenced a Legal Action; or,
⦁ An amount equal to the Legal Expenses, if, following the Withdrawal, GateClaim is requested by a Judicial Authority to pay the Legal Expenses due to the Airline; or,
⦁ GateClaim’s Service Fee, and, where there was Legal Action, the Legal Action Fee, where you subsequently obtained Flight Compensation directly from the Airline.
DATA PROTECTION
⦁ All personal data collected during the provision of our Services, or connected to the provision of our Services, will be subject to our Privacy Statement.
Contact
Loginterim SRL (trading as “GateClaim”)
Email: office@gateclaim.com