The present Terms and Conidtions are an agreement between Client and Secretclaims Ltd. (Secretclaims) as operator of the website www.secretclaims.com and www.Secretclaims.com.
1.2. "Secretclaims": Secretclaims Ltd. Registered company in Hungary. Legal address: 1123 Budapest, Alkotás utca 51/B 5 em. Hungary.
1.3. "Power of attorney": the document, whereby the Client, subject to the terms and conditions therein, irrevocably assigns ownership of the claim to Secretclaims and authorizes one of Secretclaims' affiliates or partners to act on behalf of and represent the Client.
1.4. "Claim": any claim against an airline for monetary compensation pursuant to the right of compensation according to European Regulation 261/2004.
1.6. "Compensation": total amount of money to be paid by an airline pursuant to a court order or decision by another empowered authority or offered as payment by an airline, arising from any actions made by Secretclaims in relation to a claim. For the avoidance of doubt, Flight Compensation do not include any payments or reimbursements of attorney’s fees, cost of legal advice, court fees, collection cost, interest or similar, which payments shall belong solely to Secretclaims.
1.7. "Regulation 261/2004": European Regulation 261/2004 of the European Parliament and the Council from 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights.
1.8. "Compensation calculator": page of the website www.Secretclaims.com or www.secretclaims.com where every Client can calculate the probability and the possible amount of compensation. The amount of the compensation showing on the end page of the form is not legally binding and does not represent an offer for a contract.
1.9. “Secretclaims commission”: a commission deducted from the amount of compensation paid by the airline.
2.2 By entering into an Agreement with Secretclaims, the Client warrants that he/she is authorized and has legal capacity to enter into the Agreement on his/her own behalf and, where applicable, on behalf of his/her fellow passengers. By signing the Power of Attorney or na Assignment Form, the Client warrants that he/she is authorized and has legal capacity to sign on his/her own behalf and, where applicable, on behalf of his/her minor fellow passengers.
2.3 If the Client receives any direct payments or any other compensation from the airline concerned after entering into the Agreement, the Client shall be obliged to advise Secretclaims without delay. Such payments shall be considered Flight Compensation and entitle Secretclaims to its remuniration.
2.4. In matters not covered by these Terms and Conditions, the Hungarian legislation on PTK is in force.
3.2. The Client warrants that the Claim has not been assigned to a third party and that no legal dispute is pending or is expected between the Client and the airline in the same matter. After signing the Power of Attorney, the Client agrees not to hire other parties to pursue the Claim, nor assign it to anyone other than Secretclaims. Any existing engagements or assignments, if any, must be cancelled before signing the Power of Attorney.
3.3. The Agreement terminates when:
3.3.1. the Compensation has been paid in full to Secretclaims by the airline and the agreed part of the Compensation has been transferred to the Client after the deduction of all applicable fees,
3.3.2. the Compensation has been paid in full to the Client by the airline and the Client has paid the Secretclaims Commission to Secretclaims, or
3.3.3. Secretclaims has established that the Claim should not be pursued after conducting an in-depth review of the case and has advised the Client that such Claim will not be pursued.
3.4. The Client acknowledges that it is the sole decision of Secretclaims to accept any settlement offer.
3.5. The Client shall be liable for the accuracy of the information provided in the case of claims submitted on behalf of third party.
3.6. Secretclaims liability is excluded if the Client has provided false, inaccurate or incomplete information, especially if the third party's information was provided without the consent of the third party.
3.7. The Client is responsible for concequences due to inaccurate, false, incomplete or misleading information.
3.8. Secretclaims reserves the right to suspend the Service in whole or in part.
4.1. Secretclaims takes care of the successful enforcement of a compensation for air passengers on basis of European Regulation 261/2004.
4.2. In order to secure the compensation from the airline, Secretclaims will use information from flight databases and try to reach an agreement with the airline outside the courtroom. Should the efforts of Secretclaims to grant the compensation for the Client remain unsuccessful, Secretclaims may recommend to the Client hiring a contract lawyer who could recover the compensation.
4.3. The amount of the compensation calculated in the online calculator on Secretclaims is not a legally binding offer for a contract. The price of the services of Secretclaims is deducted from the amount of the compensation paid by the airline in the case of a successful enforcement of the claim.
4.4. To pursue the Claim successfully, Secretclaims needs the Client’s signed Power of Attorney which is also an Assignment of claims, which the Client can send to Secretclaims via the web form, via email or using postal service.
4.5. In cases of incorrect information and fraudulent conduct, such as placing an invalid or forged signature, Secretclaims reserves the right to terminate the Agreement effective immediately and without prior notice. If the Agreement is terminated in accordance with this paragraph, the Client will not have any right to compensation of any kind.
5. Payment and commission
5.1. Secretclaims only receives commission if the claim is successfully enforced. In the case of no compensation for the Client, the Client is not bound to pay for the efforts and services of Secretclaims.
5.2. The Secretclaims success-based commission is 25% (incl VAT) which is deductible from the total amount of the compensation granted by the airline. In cases where the Client is referred to Secretclaims by a third-party partner, the rate may be different as specified in the partner Terms and Conditions.
5.3. In the case of a court procedure which decides that the Client should only receive part of the compensation Secretclaims deducts its commission alone from this amount and not from the full amount which was claimed in front of the court.
5.4. Secretclaims is olbliged to transfer remaning part of the compensation received from the Airlines within 14 business days to the Client from the date of receipt of the bank account information from the Client.
5.5. The Client is obliged to share bank details with Secretclaims so that a transaction may be executed. All payments will be sent in EUR or in currency the payment was received by Secretclaims. Secretclaims is allowed to deduct transaction cost from the received compensation in addition to success based commission.
5.6. Should the Compensation be received in full by the Client, the Client is obliged to transfer the Secretclaims Commission without delay. If the Client receives any direct payments or any other compensation from the airline after entering into the Agreement, the Client shall be obliged to advise Secretclaims without delay.
5.7. If the Client submitted claims on behalf of individuals other than the Client, than Secretclaims will assume that the Client has irrevocable permission from the individuals to receive compensation payments on their behalf.
5.8. Secretclaims is entitled to keep full amount of compensation received from the airline if the Client is unreachable via provided contacts or if the Client does not repond or if the Cient fails to provide details for transfer. Unclaimed compensation becomes property of Secretclaims after 180 days from payment date by the airline.
5.9. Secretclaims is not liable for errors due to wrong bank account provided by the Client. Secretclaims will not be lialbe for any actions due to such errors.
5.10. If Airline reimburses the claim under the Contract with additional expenses, the total amount of additional expenses shall be property of Secretclaims.
6. Rights and obligations of the Client
6.1. The Client has the right to visit the pages on the website of Secretclaims and to make offers for entering an agreement with Secretclaims.
6.2. The Client has the right to receive information about the status of his/her claim via his user profile on the website.
6.3. The Client bears full responsibility for protecting his username and password from third persons. The Client has the responsibility to immediately inform Secretclaims if a breach of his privacy on the website comes to his attention so that Secretclaims may take all necessary measures to secure the account.
6.4. The Client is obliged to help the enforcement of the claim with actions such as providing his/her flight information, tickets, reservation information to Secretclaims. The Client is obliged to forward every relevant piece of information which can influence his/her claim. The Client is obliged to inform Secretclaims immediately if the airline tries to contact him/her directly or sends him/her a voucher as form of compensation.
6.5. After entering into agreement with Secretclaims the Client is obliged to not use the services of any other companies or agents who offer the same services as Secretclaims. The Client is obliged to not undertake any further individual action against the airline. If the Client wishes to undertake such an action, it can only take place with the written permission of Secretclaims.
7. Rights and obligations of Secretclaims
7.1. Secretclaims has the right to refuse to enter into an agreement with a Client who directed an application to Secretclaims.
7.3. Secretclaims reserves the right to restrict the access to the website for users, as well as to modify or terminate some of its services.
7.4. Secretclaims reserves the right to terminate its services to a Client if the Client violates his/her obligations regulated in Section 6. of the Terms and Conditions.
8. Consumer's right of revocation and cancellation policy
8.1. Every Client who has entered into an agreement with Secretclaims has the right of revocation of the services without the need to specify any reason within 14 days after the agreement has been concluded. The withdrawal can be sent to Secretclaims in any written form (letter, email) and does not need to be formal.
8.2. The Client has no right to terminate the agreement if the agreement has been fully or partially performed.
8.3. In the event that a Client wishes to revocate Secretclaims' services beyond the 14 day cancellation period, a 60 EUR (incl. VAT) late-cancellation fee will be charged to offset the costs.
9. Final provisions
9.1. The Terms and Conditions are governed by the law of Hungary, in all cases jurisdiction of Budapest court applies.
9.2 Should any provision of these Terms be or become void, illegal or unenforceable, this shall not affect the validity of the remaining provisions in any way whatsoever.
9.3 Rights and obligations fully or partially related to any submitted Claim may be transferred without restrictions by Secretclaims to any entity and to third parties.
9.4. The English version of these Terms shall prevail in case of inconsistency to any other language version.
Last change: 01.12.2018