Agreement between the "Client" (signed electronically) and "CollectorRobot" (Robotic Law & Finance AB) about service as below. This version of the agreement is in use from 09-09-2019.
1. The service is to take over the Clients claim directed against the air carrier, in certain circumstances drive the claim to court, receive payment from the air carrier in accordance with the claim, report the financial and legal outcome and to disburse the agreed share of the acquired claim.
2. "The claim" consists of the right to compensation according to the EU Air Passenger Right Regulation No 261/2004. When the Client approve to this agreement, CollectorRobot gives authorization to take over the claim directed against the air carrier. The Client is entitled to the compensation that is received due to the claim excluding CollectorRobots fee.
3. As claim is also considered all other claims the client may have against the air carrier, such as lost suitcases, luggage, hotel accommodation and any other extra costs, if CollectorRobot and the client have agreed upon this to be a part of this agreement.
4. If CollectorRobot considers that the claim will not be paid by the air carrier, CollectorRobot has the right to take the claim to a public court for settlement. If this is done on CollectorRobots own initiative, CollectorRobot is responsible for all legal expenses. CollectorRobot has the right to give over the claim to the Client if CollectorRobot considers that the claim will not be paid by the air carrier. In these cases CollectorRobot represents the Client in court if desired.
5. If the air carrier considers that this assignment is not valid and if CollectorRobot does not want to take this matter per se to a legal settlement in court, this agreement also serve as a power of attorney against the air carrier to represent the Clients claims in full.
6. When the air carrier has paid the claim to CollectorRobot, this must be presented to the Client within three working days. CollectorRobots fee is 19,8% (incl. VAT) of the compensation received.
7. In cases where the client is offered compensation in non-cash, the client is by this agreement obliged to choose cash payment. If the client nonetheless receives noncash compensation, it should be converted into its cash value and CollectorRobot will get its fee based on that value. In cases of non-cash payment, CollectorRobot will charge an additional administrative fee of EUR 29.
8. The General Data Protection (GDPR), EU Regulation 2016/679 applies throughout the European Union.
9. All data is used in accordance with the GDPR.
10. CollectorRobot uses client data primarily to be able to provide agreed service to the Client and to administer the service, to promote the service to the client and statistics as well. CollectorRobot may use contact facts and type of agreed services to market other services within businesses with common ownership.
11. Personal data may be shared with third parties in the following cases:
12. The Client consents to the use of personal data as described above.
13. The Client is entitled to undo and to withdraw from this agreement in accordance with law. The client has this right for 14 days from the contract entered and can at any time during this period and without giving any reason, withdraw from the agreement. A notification of this is preferably given to CollectorRobot by e-mail, letter or by telephone.
14. The Client permit CollectorRobot to immediately start the service according to this agreement and is minded that the Client has to reimburse CollectorRobot the costs for the work carried out throughout the time the Client withdraw the agreement. Compensation shall be paid for CollectorRobots costs in cases where a registration that requires completion has been made and the Client after two reminders does not make the necessary completion. If CollectorRobot has already received compensation according to the claim, CollectorRobots costs represents of the fee in full. In the completion case CollectorRobots costs pose one tenth of the maximum compensation per client of EUR 600. If the client fails to provide CollectorRobot his/her bank account number to receive the compensation, CollectorRobot will remind once for free. After that CollectorRobot will send a reminder every week. Each additional reminder will be charged with EUR 10.
15. Any dispute concerning this agreement shall be settled by a public court in Sweden in accordance to Swedish law.
16. This agreement with the Client and CollectorRobot (Robotic Law & Finance AB) gives CollectorRobot the ownership of the claim against the air carrier. In the case that the ownership transaction would not be deemed fulfilling or CollectorRobot wishes to withdraw from ownership to pursue the case directly for the Client, the Client gives CollectorRobot a full power of attorney to represent the Client and all the claims the Client may assert against the relevant air carrier in question.
By signing this agreement/power of attorney the Client has read the information about the GDPR, agreed upon those terms and the right of withdrawal and enter into agreements with CollectorRobot according to the terms and conditions stated above.