Terms and Conditions of service

1. Definitions

1.1. Any capitalised terms used in these Terms and Conditions will have the meanings set out below:

• 1.1.1. ClaimWinger – CLAIM WINGER sp. z o.o. (registered in Poland under the following numbers: KRS: 0001207694, REGON 54343625700000 and NIP 7011289798)
• 1.1.2. Client – a person who has granted ClaimWinger power of attorney to pursue claims related to the Flight.
• 1.1.3. Flight – the flight specified by the Client, to which the events (cancellation or delay) giving rise to the Client's claims against the airline relate.
• 1.1.4. Price list – a document specifying the costs of services provided by ClaimWinger, constituting Annex 2 to these Terms and Conditions.

2. Interpretation rules

2.1. All references to Points or Annexes refer to the points and annexes of these Terms and Conditions.

2.2. All references to legal acts will be understood as references to the current versions of those acts at a given time, as well as references to legal acts which will replace the acts specified in the Regulations in the future. A reference to a law is conclusive as a reference to all regulations issued on its basis.

3. Subject of services

3.1. ClaimWinger, based on the Power of Attorney granted by the Client (in accordance with Appendix 1 to these Terms and Conditions), will pursue all claims related to the Flight on behalf of the Client.

3.2. In connection with the pursuit of claims referred to in Point 3.1 above, ClaimWinger:

• 3.2.1. will submit claims against the airlines responsible for the Flight.
• 3.2.2. will conduct correspondence regarding claims related to the Flight with the airlines responsible for it, as well as (if deemed appropriate) with any other entities, including public administration bodies.
• 3.2.3. will seek to obtain satisfaction of claims through out-of-court proceedings.
• 3.2.4. will support the Client in pursuing their claim in court (if necessary). However, it should be noted that pursuing claims in court will require the Client to grant additional power of attorney to a solicitor appointed by ClaimWinger in accordance with Point 11.

4. Conclusion of the contract

4.1. The contract for the provision of services specified in Point 3 between the Client and ClaimWinger will be concluded upon the Client granting a Power of Attorney consistent with Annex 1 to these Terms and Conditions.

4.2. The Power of Attorney is granted by signing it electronically using the form available on the ClaimWinger website.

4.3. Granting Power of Attorney is deemed to constitute acceptance of these Terms and Conditions.

4.4. If the Client has granted ClaimWinger power of attorney on behalf of third parties, it is the Client's responsibility to certify that they have been authorised to do so by those parties. If the airline responsible for the Flight or any other entity or authority questions ClaimWinger's authority to represent the third parties referred to above, the Client will: (i) ensure that these persons authorise ClaimWinger to represent them directly, or (ii) submit a document confirming that they have been authorised by them to grant power of attorney to ClaimWinger.

4.5. The Client will receive an email confirmation of the conclusion of the contract immediately after granting ClaimWinger power of attorney.

5. Revocation of power of attorney (equivalent to termination of the service contract)

5.1. If, for any reason (in particular, the unenforceability or non-existence of a claim), ClaimWinger is unable to accept or continue to execute an assignment, it will immediately notify the Client thereof by e-mail and terminate the power of attorney granted to it by the Client.

5.2. The Client may revoke the power of attorney granted to ClaimWinger at any time, which will be equivalent to termination of the contract. However, if the power of attorney is revoked before ClaimWinger's remuneration as defined in Point 7.1, the Client will pay ClaimWinger for all activities performed up to the moment of revocation of the power of attorney. The above provision will apply mutatis mutandis to third parties referred to in Point 4.4.

6. The Client's obligation of cooperation

6.1. The Client is obliged to cooperate with ClaimWinger in order to enable the effective pursuit of claims related to the Flight. In particular, by:

• 6.1.1. providing all information relevant to the pursuit of these claims,
• 6.1.2. submission of the required documents,
• 6.1.3. clarification or extension of the scope of the power of attorney granted to ClaimWinger.

6.2. The Client is responsible for the cooperation of third parties on whose behalf he has granted power of attorney. Point 6.1. applies accordingly.

6.3. Throughout the entire term of the Contract, the Client undertakes to provide their current contact details, and if applicable, the contact details of third parties on whose behalf they have granted ClaimWinger power of attorney. The Client is also obliged to regularly collect any correspondence sent to the provided contact details.

6.4. In the event that airlines or any other entities or authorities contact the Client in connection with claims that ClaimWinger has been authorised to pursue, the Client is obliged to immediately inform ClaimWinger and provide it with all correspondence received in this matter. In response to the above-mentioned correspondence, the Client will indicate that they have granted ClaimWinger power of attorney to represent them and requests that all correspondence be sent exclusively to ClaimWinger. A copy of the above-mentioned letter should be sent to ClaimWinger for information.

6.5. The Client is fully responsible and liable for any breach of the obligations set out in this Point 6. In particular, the Client is liable for the consequences of:

• 6.5.1. Providing false or incomplete information.
• 6.5.2. Failure to submit documents required for pursuing claims.
• 6.5.3. Failure to provide current contact details.
• 6.5.4. Failure to collect correspondence from ClaimWinger sent to the addresses provided by the Client.

6.6. Failure to cooperate properly on the part of the Client, in particular by failing to fulfil their obligations under this Point 6, may constitute grounds for ClaimWinger to terminate the power of attorney. In such a case, the Client will reimburse ClaimWinger for the costs of all activities performed on their behalf until the termination of the power of attorney. The above provision will apply accordingly to third parties referred to in Point 4.4.

7. ClaimWinger remuneration

7.1. The Client will pay ClaimWinger a remuneration equal to a percentage of the claim recovered in accordance with the Price List.

7.2. The condition for charging and payment of remuneration is the successful enforcement of the claim.

7.3. The amount of remuneration will be determined on the basis of all payments made by the airline in connection with claims pursued on behalf of the Client by ClaimWinger.

7.4. If the airline makes any payments directly to the Client in connection with claims pursued on behalf of the Client by ClaimWinger, the Client is obliged to immediately notify ClaimWinger of this fact and pay ClaimWinger's remuneration in accordance with the Price List within 7 days of receiving the payment from the airline.

7.5. If the claims pursued on behalf of the Client by ClaimWinger are fulfilled in a form other than cash (e.g. in the form of airline vouchers), ClaimWinger will be entitled to receive remuneration from the Client in cash, in an amount corresponding to the percentage of the value of the benefit received by the Client, as specified in the Price List.

7.6. If ClaimWinger fails to achieve a payment of claims to the Client, no fees will be charged, except in the cases referred to in Points 5.2 and 6.6. In particular, ClaimWinger will not seek reimbursement from the client for the following costs:

• 7.6.1. Services engaged in connection with the pursuit of legal claims.
• 7.6.2. Reimbursement of legal costs, including, in particular, fees for filing a lawsuit, appeal measures or fees for legal representation.
• 7.6.3. The costs of a court expert's opinion.

7.7. ClaimWinger, regardless of the remuneration specified in the rules defined in Point 7.1, will be entitled to any amounts paid by the opposing party in connection with the reimbursement of costs incurred in pursuing claims, including reimbursement of court costs, in particular the costs of representation by a professional attorney.

8. Payment of remuneration

8.1. ClaimWinger will deduct its remuneration, including VAT, from the amounts paid into its account in connection with claims pursued on behalf of the Client.

9. Payment of claims payable to the Client

9.1. ClaimWinger will pay the claim payable to the Client immediately after it has been paid by the airline and after receiving from the Client all data necessary to execute the transfer – this means that ClaimWinger will make every effort to ensure that the claim is paid to the Client no later than within 7 days of the last of the above conditions being met. The Client will not be entitled to interest on the claim for the period between its payment to the ClaimWinger account and its transfer to the Client's account (this also applies if the bank maintaining the ClaimWinger account charges interest on the deposit on this claim in favour of ClaimWinger).

9.2. ClaimWinger will pay the claims payable to the Client to the bank account provided by the Client. This provision applies accordingly to claims payable to third parties referred to in Point 4.4.

9.3. ClaimWinger will bear the costs associated with paying claims into the client's bank account.

9.4. If the Client fails to provide a bank account number or if, for other reasons, it is necessary to pay out claims in a different manner, the costs associated with such an alternative form of payment will be borne by the Client.

9.5. If, due to applicable sanctions or additional control mechanisms, the execution of a Client's claims transfer to his account proves impossible (in particular in the case of accounts maintained in banks located in the Russian Federation, the Republic of Belarus, and Ukraine), Point 9.4 of the Regulations shall apply.

9.6. If the Client receives payment from ClaimWinger for a claim due to third parties referred to in Point 4.4, they are obliged to settle with them.

10. ClaimWinger's exclusive authority to represent the Client

10.1. The Client is obliged to confirm that, prior to granting power of attorney to ClaimWinger, they have not assigned their claims or granted power of attorney to pursue them to any entity other than ClaimWinger, nor have they otherwise commissioned another entity to take action to pursue them.

10.2. By granting power of attorney to ClaimWinger, the Client revokes all previous powers of attorney relating to the activities covered by the power of attorney granted to ClaimWinger.

10.3. During the term of the contract concluded with ClaimWinger, the Client may not grant power of attorney to other entities or commission them to pursue claims which ClaimWinger is authorised to pursue on behalf of the Client. Violation of the above rule may constitute grounds for ClaimWinger to terminate the power of attorney. In such a case, the Client will reimburse ClaimWinger for the costs of all activities performed until the termination of the power of attorney. The above provision will apply mutatis mutandis to third parties referred to in Point 4.4. The above provision will not apply to the granting of power of attorney to attorneys indicated by ClaimWinger on the terms specified in Point 11.

10.4. During the term of the contract concluded with ClaimWinger, the Client may not assign any claim that ClaimWinger is authorised to pursue. Violation of the above rule may constitute grounds for ClaimWinger to terminate the power of attorney. In such a case, the Client will reimburse ClaimWinger for the costs of all activities performed until the termination of the power of attorney. The above provision will apply mutatis mutandis to third parties referred to in Point 4.4.

11. Power of attorney (authorisation to represent the Client in court proceedings)

11.1. ClaimWinger cannot directly represent the Client in court proceedings. However, it will support the Client in pursuing claims in court by offering the services of one of ClaimWinger's professional attorneys. If the pursuit of the Client's claims through out-of-court means proves ineffective, it will be necessary to grant power of attorney to a solicitor or barrister indicated by ClaimWinger in order to pursue the claims in court. In such a case, ClaimWinger will cover all costs related to pursuing claims in court (including the remuneration of a professional attorney). The pursuit of claims in court will be preceded by an assessment of the chances of success by ClaimWinger – if the outcome of this assessment proves unfavourable, ClaimWinger will inform the Client and terminate the power of attorney granted by them. In such a case, ClaimWinger will not be entitled to any claims for services provided to the Client until the power of attorney is terminated.

12. Settlements

12.1. On the basis of the power of attorney granted, ClaimWinger is authorised to conclude settlements on behalf of the Client. However, before concluding a settlement, the Client will be informed of its terms and conditions and requested to confirm acceptance. ClaimWinger will also indicate its recommendation regarding the terms of the settlement, taking into account the chance of obtaining a higher claim value if the dispute continues. ClaimWinger is entitled to reject a settlement without consulting the Client if the airline offers less than 80% of the amount due to the Client or offers a settlement in a form other than cash (in particular in the form of vouchers).

12.2. If the Client concludes a settlement without the participation and consent of ClaimWinger, or if they waive all or part of their claims, ClaimWinger will be entitled to remuneration calculated on the basis of the full amount of the claims to which the Client is entitled, in ClaimWinger's opinion.

13. The consumer's right to withdraw from the contract

13.1. The Client (if they are a consumer) has the right to withdraw from the contract with ClaimWinger within 14 days of its conclusion.

13.2. The Client may send a statement of withdrawal from the contract:

• 13.2.1. By email to: contact@claimwinger.com.
• 13.2.2. By post to the following address:
  CLAIM WINGER sp. z o.o.
  ul. Szczęśliwicka nr. 29/29A lok. 67
  02-353 WARSZAWA
  Poland

13.3. In order to exercise their right of withdrawal, the Client may use the following wording (however, this is not mandatory; an unambiguous expression of their will to withdraw from the contract in any form will be sufficient):

13.4. If the Client requested ClaimWinger to commence the provision of services before the deadline for submitting a statement of withdrawal, they will be obliged to pay for the services performed by ClaimWinger until the moment of withdrawal from the contract. In such a case, the Client will reimburse ClaimWinger for the costs of all activities performed on their behalf until the withdrawal from the contract. The above provision will apply accordingly to third parties referred to in Point 4.4.

14. Final provisions

14.1. These Terms and Conditions and any agreements concluded on their basis will be governed by and interpreted in accordance with Polish law.

14.2. In the case of consumers residing in a Member State of the European Union other than Poland, the choice of Polish law does not deprive them of the protection afforded to them under the mandatory provisions of the law of their country of habitual residence.

14.3. If any provision of these Terms and Conditions proves or becomes invalid, ineffective or unenforceable, this will not affect the validity, effectiveness or enforceability of the remaining provisions of the Terms and Conditions. Such provision will be replaced by a provision that most closely corresponds to the economic and legal purpose of the original provision.

14.4. These Terms and Conditions are the only document setting out the rules for the provision of services by ClaimWinger. ClaimWinger reserves that the presentation of services on its website, social media, and other promotional materials does not constitute a binding offer to conclude a contract and is for informational purposes only.