Terms and Conditions
These Terms and Conditions ('T&C') govern the Agreement between BADGER CLAIM S.R.L., with tax identification number 51418483 ('BADGER CLAIM') and you ('the Client').
Within these Terms and Conditions, the following terms shall have the meanings specified below:
i. Air Passenger Rights Regulations:
Any national or international regulation (including but not limited to laws, regulations, directives, or conventions) that sets out common rules regarding compensation and assistance for passengers in the event of denied boarding, flight cancellations, or long delays when passengers were unable to fly or their flight was disrupted, as well as any financial compensation for lost or damaged baggage, including but not limited to:
- Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004;
- 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;
- The Montreal Convention of 1999.
ii. Compensation:
The total amount of money, including any monetary compensation or reimbursement, owed by an airline in connection with a flight, under the applicable Air Passenger Rights Regulations. Compensation does not include payment or reimbursement of court fees, collection costs, interest, or other similar amounts previously incurred by BADGER CLAIM or resulting from BADGER CLAIM’s involvement.
iii. Claim:
Any request submitted to an airline for the purpose of obtaining Compensation.
iv. Eligibility:
The fulfillment by the passenger of the conditions imposed by the applicable Air Passenger Rights Regulations that give rise to the right to Compensation.
v. Client:
The person eligible to receive Compensation from an airline in connection with a flight.
vi. Assignment of Claim:
The transfer from the Client to BADGER CLAIM of the right to request and receive Compensation under the applicable Air Passenger Rights Regulations.
vii. Assignment Form:
The document signed by the Client confirming their acceptance of BADGER CLAIM’s Terms and Conditions and Privacy Policy, and transferring ownership of their claim to BADGER CLAIM.
viii. Power of Attorney for Claim:
The agreement by which the Client authorizes BADGER CLAIM to act on their behalf for obtaining Compensation.
ix. Power of Attorney:
The document signed by the Client confirming their acceptance of BADGER CLAIM’s Terms and Conditions and Privacy Policy, authorizing BADGER CLAIM to act on their behalf to obtain Compensation.
x. Agreement:
An Assignment of Claim or Power of Attorney for Claim.
xi. Legal Proceedings:
The procedures initiated before courts of law in order to obtain Compensation.
II.1. By accepting these Terms and Conditions and signing the Assignment Form and the Power of Attorney, the Client makes an offer to BADGER CLAIM to enter into:
- i. An Assignment of Claim, whereby the Client transfers to BADGER CLAIM the right to claim Compensation under Regulation (EC) No 261/2004 or other national or international regulations that establish common rules on passenger compensation and assistance in the event of denied boarding, flight cancellations or long delays when passengers were unable to fly or their flight was disrupted, and any other monetary compensation for lost or damaged baggage. BADGER CLAIM will make all reasonable efforts to recover the Compensation in its own name, including through legal proceedings, if necessary.
- ii. A Power of Attorney for Claim, whereby the Client authorizes BADGER CLAIM to take all necessary steps, under the conditions outlined in point II.1.1, to obtain the Compensation on behalf of the Client.
II.2. BADGER CLAIM has the exclusive right to choose which type of Agreement to conclude, on a case-by-case basis, depending on its expertise and the applicable jurisdiction. The Agreement is considered concluded at the moment BADGER CLAIM begins to fulfill its obligations either according to II.1.1 (by contacting the airline in its own name and presenting the Assignment Form) or according to II.1.2 (by contacting the airline on the Client’s behalf and presenting the Power of Attorney).
II.3. In both cases, upon recovering the Compensation, BADGER CLAIM will transfer the amount to the Client, as stipulated in Chapter IV of the T&C.
Eligibility Verification
III.1. The Client fills out the form provided on the claimbee.com website to verify Eligibility, supplying any required flight data and information. BADGER CLAIM verifies eligibility in real-time, based on the documents and information provided by the client and flight data available to BADGER CLAIM, including data from ADS-B systems.
III.2. If BADGER CLAIM determines that the Client is not eligible or the provided data is incomplete or incorrect, the Client will be informed accordingly. If eligibility is confirmed, BADGER CLAIM will provide the Client with the applicable Terms and Conditions, Privacy Policy, Assignment Form, and Power of Attorney.
Conclusion of the Agreement
III.3. Signing and submitting the Assignment Form and Power of Attorney via the claimbee.com website constitutes the Client's offer to conclude the Agreement and acceptance of BADGER CLAIM’s Terms and Conditions.
III.4. By making the offer, the Client confirms that they are authorized and legally competent to sign on their own behalf or, if applicable, on behalf of another person (e.g., a child).
III.5. By signing the Agreement, the Client confirms and guarantees that:
- i. they are the rightful owner of the claim and have not assigned it to any third party;
- ii. no other agreement has been concluded regarding the Compensation;
- iii. there is no ongoing dispute concerning the Compensation.
III.6. The Client understands that after concluding the Agreement, they are no longer entitled to use the services of other companies, agencies, or lawyers to obtain the Compensation or to contact the airline directly. By signing the Agreement, the Client confirms they will not engage in any direct contact or accept any payment from the airline.
III.7. The Client agrees to provide, upon request, any additional information regarding the flight, tickets, booking details, or any other relevant data that may affect the claim process to BADGER CLAIM.
III.8. BADGER CLAIM reserves the right to accept only monetary compensation, not vouchers or any other services potentially offered by the airline.
Compensation Recovery
III.9. After the Agreement is concluded, BADGER CLAIM will send one or more Claims to the airline to obtain the Compensation through amicable settlement.
III.10. If the airline refuses to resolve the Claim after negotiations, BADGER CLAIM will decide whether to initiate Legal Proceedings to recover the Compensation. BADGER CLAIM may also resort to Legal Proceedings in other circumstances if it considers that doing so may lead to a faster and/or more effective resolution.
III.11. If BADGER CLAIM initiates Legal Proceedings to obtain Compensation, the Client will not be required to cover any costs in case the action is unsuccessful. If the Claim is resolved favorably or settled amicably during Legal Proceedings, BADGER CLAIM will bear the legal costs unless these are covered by the airline. If the requested compensation is successfully obtained, the Client agrees that all recoverable costs incurred by BADGER CLAIM shall be allocated to BADGER CLAIM.
III.12. During Legal Proceedings, the lawyer chosen by BADGER CLAIM will have access to the Client’s information necessary to support the Claim.
III.13. If, after reviewing the Claim, the lawyer chosen by BADGER CLAIM deems the chances of success in Legal Proceedings to be low, the Client will be informed, and BADGER CLAIM will cease any action regarding the respective Claim. In this case, the rights to the claim will automatically revert to the Client without the need for an additional document.
IV.1. Compensation refers to the total amount of money paid by the airline to the client or BADGER CLAIM as a result of the actions taken by BADGER CLAIM. Compensation does not include court fees, collection costs, interest, or other similar amounts previously incurred by BADGER CLAIM or resulting from its involvement.
Commission
IV.2. The Client will not pay any commission until the Compensation is recovered from the airline.
IV.3. If BADGER CLAIM obtains the Compensation, it is entitled to a commission from the compensation, set as follows:
- 29%
IV.4. The commission increases if Legal Proceedings are required, either due to a lack of agreement with the airline or if BADGER CLAIM deems legal action more effective and/or faster:
- 49%
Transfer of Compensation to the Client
IV.5. Payment of the compensation by BADGER CLAIM to the Client, in the amount agreed under the 'Commission' section, will be made only after BADGER CLAIM has confirmed that the amount received from the airline is the due Compensation for the flight. If payment details from the airline are insufficient to identify the compensation, BADGER CLAIM will contact the airline for clarification.
IV.6. BADGER CLAIM will contact the Client within 30 days to request banking details for the transfer, using the contact information provided by the Client.
IV.7. BADGER CLAIM is obligated to make the payment within 30 days of receiving complete and correct banking information (including name, IBAN, etc.). The transferred amount will be the obtained compensation minus the agreed commission. The Client may not provide third-party bank details, as BADGER CLAIM, in accordance with anti-money laundering laws, cannot make payments to other beneficiaries. If provided bank details are incorrect or incomplete, BADGER CLAIM will notify the Client within 30 days.
IV.8. The payment will be made in the same currency in which BADGER CLAIM received the compensation from the airline. If the Client does not hold an account in that currency, BADGER CLAIM will pay in the currency indicated by the Client, using the official exchange rate set by the National Bank of Romania on the date of the transfer or the previous day.
IV.9. If the Client does not provide correct and complete bank details within 3 months of being notified, BADGER CLAIM will not be held liable for the inability to make the payment or delays caused by the Client's failure to fulfill contractual obligations. After 3 months, the full amount obtained will be retained by BADGER CLAIM, with no further obligation to pay the Client.
Other Provisions
IV.10. If the Client fraudulently provides incorrect or incomplete data and BADGER CLAIM incurs additional costs, the Client must reimburse such costs.
V.1. Rights and Obligations of the Client
V.1.1. The Client has the right to visit the claimbee.com website and conclude an Agreement with BADGER CLAIM, subject to eligibility.
V.1.2. The Client has the right to request regular updates on their claim and seek clarification regarding any part of the compensation recovery process.
V.1.3. The Client is obligated to provide, upon request and within 30 days, any additional information related to the flight, tickets, reservation, or other relevant data needed to obtain compensation.
V.1.4. Once the agreement is signed, the Client may not use the services of other companies, agencies, or lawyers, nor may they contact the airline directly.
V.1.5. The Client must notify BADGER CLAIM within 5 business days of receiving any correspondence or offer from the airline regarding the compensation. Failure to do so may result in losing the right to receive the payment.
V.2. Rights and Obligations of BADGER CLAIM
V.2.1. BADGER CLAIM has the right to reject ineligible claims.
V.2.2. BADGER CLAIM has the right to determine its own negotiation strategies or legal actions and is not obligated to accept any airline settlement it considers unfair.
V.2.3. BADGER CLAIM must make reasonable efforts to obtain the compensation, including initiating legal proceedings when necessary.
V.2.4. BADGER CLAIM has the right to terminate efforts to obtain compensation if the Client provides false, incomplete, or inaccurate information, or if there are signs of fraud.
V.2.5. BADGER CLAIM retains the right of recourse for expenses incurred if the claim was previously assigned or if the passenger already received compensation directly but failed to inform BADGER CLAIM.
VI.1. BADGER CLAIM processes personal data in compliance with data protection laws and in accordance with its Privacy Policy.
VII.1. The Agreement is terminated once the agreed portion of the Compensation is transferred to the Client.
Right of Withdrawal
VII.2. A Client qualified as a consumer under EU, EEA, or UK law may withdraw from this contract without stating reasons within 14 days from its conclusion.
VII.3. The withdrawal period expires 14 days after the contract is concluded.
VII.4. To exercise the right of withdrawal, the Client must send an unequivocal statement to office@claimbee.com before the 14-day period expires.
VII.5. The right of withdrawal no longer applies if BADGER CLAIM performs the contract before the 14-day period ends.
Termination Initiated by BADGER CLAIM
VII.6. BADGER CLAIM has the right to unilaterally terminate the Agreement in the following cases:
- i. The Client provides false or incomplete information that affects the recovery process.
- ii. The Client does not respond within 30 days to requests for additional documentation.
- iii. The Client negotiates directly with the airline or hires another party after signing the assignment.
- iv. There are reasonable suspicions of fraud or falsified documents.
VII.7. If BADGER CLAIM unilaterally terminates the Agreement due to the Client’s fault, the Client will not be entitled to any compensation, and BADGER CLAIM may request reimbursement of any expenses incurred.
VII.8. If BADGER CLAIM decides to stop pursuing the compensation for reasons beyond the Client’s fault (e.g., low chances of success or unfavorable court rulings), the Client will be notified, and the Agreement is automatically terminated.
Force Majeure
VII.9. Neither party is liable for failure to perform contractual obligations if caused by force majeure events, including but not limited to war, pandemics, cyberattacks, earthquakes, floods, or natural disasters.
VII.10. If the force majeure event lasts more than 60 consecutive days, either Party may terminate the Agreement without further obligations.
VIII.1. BADGER CLAIM relies on multiple sources of essential information and data to provide our services. Despite our efforts to ensure the accuracy of such information, inconsistencies or errors may occur. Our services are provided 'as is'.
VIII.2. BADGER CLAIM makes no warranties, either express or implied, including but not limited to implied warranties of merchantability, non-infringement, accuracy, or fitness for a particular purpose. There is no guarantee that the use of our services will result in compensation, will meet all your expectations, or will be free from viruses or other harmful components, timely, uninterrupted, accurate, complete, or reliable.
VIII.3. By using our services, you acknowledge and agree that you do so at your own risk. To the maximum extent permitted by law, BADGER CLAIM and its affiliates shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any loss of revenue or profit arising out of or related to (i) our services; (ii) delays or inability to access our services; (iii) viruses, bugs, trojans, software, third-party websites or services accessed through our services; or (iv) any other issue related to our services, regardless of whether the claim is based on contract, tort, strict liability, or otherwise, even if BADGER CLAIM, its affiliates, or any of its providers have been advised of the possibility of such damages.
IX.1. BADGER CLAIM may unilaterally amend the Terms and Conditions without prior notice. If the amendment would restrict the Client’s rights, it will only take effect after the Client has been notified and subject to their acceptance.
X.1. The agreement between BADGER CLAIM and the Client is governed by the laws of Romania.
X.2. Any dispute arising in connection with this Agreement shall be settled by the Romanian national courts, unless mandatory jurisdictional rules provide otherwise.