General business terms

APRA s.r.o., a private limited company with its registered office at Námestie SNP 6, 811 06 Bratislava, company ID number: 47 187 620, registered in the Commercial Register of the District Court Bratislava 1, Section: Sro, Insert No.: 89897/B, e-mail: info@apra.sk . The company is a taxpayer of VAT.

I

Introductory Provisions

1.1           These general business terms (hereinafter the „terms“ or „terms and conditions”) of the APRA s.r.o. company, (hereinafter the „Provider”) govern the mutual rights and obligations of the Client as the Principal and the APRA s.r.o. company as the Provider when representing the Client in compensation claims and other claims made by the Client as a passenger of air carriers under Regulation (EC) 261/2004, or when providing further ancillary services to the Client (hereinafter the „Service“).

1.2.         The Provider and the Client may individually agree in writing on arrangements derogating from these terms and conditions, which shall take precedence over the terms.

 

II

Definitions and Interpretations

Definitions of key terms used in these terms and conditions:

“Confidential Information” means all pieces of information that are not publically available, and/or may be deemed confidential by one of the parties, or such pieces of information that shall be handled accordingly, on the basis of the circumstances known to the other Party.

Form“ means a form that is required to be filled in with relevant information necessary for exercising the Client’s rights, and for the right type of Service to be taken. The form may be filled in directly on the Provider’s webpage, or sent, completed and signed, to the Provider by e-mail referred to in the introduction of these terms and conditions.

„Client” means a natural person who, as an air passenger, is entitled to financial compensation from airlines under Regulation of the European Parliament and the Council No. 261/2004, as amended. This person within the meaning of these terms and conditions came to an agreement on the provision of the Provider’s Service within the meaning of these terms and conditions by sending the Form to the Client.

„Claim” means the claim of the Client as an air passenger for compensation from the given airline under the Regulation of the European Parliament and the Council No. 261/2004, as amended, and in conformity with these TERMS AND CONDITIONS.

„Remuneration” means the remuneration the Provider receives for a successful recovery of Client’s claims, in whole or in part, which occurs when the given airline compensates the claims of the Client. The Provider’s remuneration is defined as a contingent fee, calculated as a percentage of every received payment on the Account once the Service is supplied, in the total of:

a) 25 % of the Client’s recovery or its part + VAT, if the Claim has been successfuly recovered without taking the legal action at the judicial procedure;

b) 30% of the Client´s recovery or its part + VAT if the Claim has been successfuly recovered after taking legal action at the judicial procedure.

 

„Working Hours” is the time from 09:00 a.m. to 05:00 p.m. every working day.

„Working Days” are the days from Monday to Friday, not including public holidays.

“Legislation on The Personal Data Protection ” is any regulation, the SR applies to implement the directives of European Parliament and the Council, the directives 95/46, 2002/58, and 2006/24 along with other regulations relating to personal data protection or their processing, mainly the Act No. 122/2013 Coll. on the personal data protection, as amended (hereinafter the Law on personal data protection).

„Service” means the service to the Client, provided by the Provider in accordance with these TERMS AND CONDITIONS, namely representing the Client in the case of the compensation as well as other claims of the Client as an air passenger against airlines based on the Directive (ES) 261/2004, or providing other ancillary services to the Client.

Application “ is the request of the Applicant as an air passenger for preliminary assessment of the entitlement to compensation from airlines under Regulation of the European Parliament and the Council No. 261/2004

„Account” means the bank account, opened by the Provider, from which recovered Entitlements or their parts are paid out to the Client under the Regulation of the European Parliament and the Council No. 261/2004, as amended; and other expenditures in accordance with the terms of these TERMS AND CONDITIONS, if Entitlements are paid by the airlines to the Provider.

„Provider’s Website“ means the web pages: http://www.apra.skwww.apra.euwww.apra.eu/cz, www.apra.eu/hu

Applicant“ is a natural person, who is interested in the Service, and who sends an application to the Provider.

“Contract” means Contract which is signed by Provider and Client and which undertakes Provider to represent Client´s interests in compensation claims in accordance with these TERMS AND CONDITIONS, and Client is bound to pay Provider the remuneration for the successful enforcement of Client´s claim or their parts.

 

III

General Provisions

3.1           When performing the Service, the Provider undertakes to act on behalf of the Client in order to satisfy the Claims of the Client until the Service provided under these TERMS AND CONDITIONS is completed, with which the Client fully agrees.

3.2           When providing the Service, the Provider does not guarantee that the Claims of the Client will be satisfied, even only in part.

3.3           The Provider does not guarantee the amount of the recoverable compensation or the length of the period for recovering the Client’s Claims.

3.4           The Client fully agrees that any amounts recovered by the Provider with respect to the Client´s Claims are transferred to the Account.

3.5           Having regard to the provision of the Service, the Provider is, under these TERMS AND CONDITIONS, entitled to deduct its remuneration from the compensation of the Client’s Claims recovered from the airlines after the sum is credited to the Account.

3.6           The Client understands that any communication with the Provider is possible only on Working days during Working hours.

 

IV

Ordering Procedure

4.1           The Client interested in the Service shall complete the Application form on the Provider’s webpage http://www.APRA.sk. The details contained in the Form are recognized as correct by the Provider. The Client is obliged to provide accurate information in the Form.

4.2           Following their delivery, the Provider shall evaluate all the applications. If the application appears to be justified, the Provider shall send the Client an e-mail with a request to go onto the webpage and complete the Form. The Client shall complete the Form in a true and complete manner, and send its signed scanned copy back to the Provider by e-mail or by post to the Provider’s correspondence address. By submitting the completed Form to the Provider, the Applicant agrees to these TERMS AND CONDITIONS, which the Applicant became acquainted with in advance. By delivering this duly completed Form to the Provider the Service becomes a binding order; the Applicant becomes a Client, and both the Provider and the Client are bound by these TERMS AND CONDITIONS. The Provider shall confirm the receipt of this Form to the Client by sending an e-mail to the address referred to in the Form. The sending of the filled-in Form under this Section to the Provider shall be considered as a binding order of the Service. As soon as this Form is delivered, the order shall be registered in the Provider’s system under a specific number, by which the request will always be identifiable. The client is acquainted with the fact that the succefull enforcement of the Claim takes at least six (6) weaks and may take even more than twelve (12) months.

4.3           The Client agrees that the Provider is allowed to start the required procedure following these TERMS AND CONDITIONS immediately after receiving the duly and correctly completed Form.

4.4           The data provided in the Form by the Client shall be used only for the purposes of completing the Service, and in accordance with these TERMS AND CONDITIONS.

4.5           The Client acknowledges that all data provided in the Form, as well as any additional information provided throughout the whole process, are truthful and valid.

 

V

Rights and Obligations of the Client and the Provider

5.1           The Provider undertakes:

5.1.1      to act in dealing with the Client’s matters with utmost professional care, in accordance with the Client’s interests, which the Provider is familiar with and in accordance with the Client’s instructions,

5.1.2      to provide upon the Client’s request the information about the current status of the recovery procedure,

5.1.3      to protect the rights and the legitimate interests of the Client, to act conscientiously and honestly, while using consistently all the legal means for the prosperity of the Client,

5.1.4      to return any documents received from the Client in discharging the Service obligations as soon as the Service is completed.

5.2           The Provider is entitled:

5.2.1      to request any relevant terms, data, and/or information from the Client to be able to perform the required Service accordingly,

5.2.2      to perform the Service itself or through a third party. When the Provider has recourse to a third party, it is responsible as if it performed the Service itself.

5.3           The Client undertakes:

5.3.1      to pay the Provider a remuneration under the terms set out in the Article VIII. of these TERMS AND CONDITIONS,

5.3.2      not to negotiate with the airline directly throughout the course of this legal relationship in compliance with these TERMS AND CONDITIONS without informing the Provider first; the recovery of the Client’s claims or their part as a result of such direct negotiations does not affect the amount of the Provider’s remuneration;

5.3.4      not to entrust during the period of the Service provision anyone else with the activities identical or similar to the Service provided in compliance with these TERMS AND CONDITIONS, the recovery of the Client’s claims or their part as a result of the activity of such a third person does not affect the amount of the Provider’s remuneration;

5.3.5      to render any assistance to the Provider required for the provision of this Service.

 

VI

Complaints

6.1 Client is acquainted with the fact that Provider is not authorized to solve out any complaints of Client relating to air transport or related services, because Provider does not provide these services. 6.2. Client is entitled to file complaint against the Services of Provider, either personally at the Provider´s registered office´s address: Námestie SNP 6, 811 06 Bratislava, Slovakia; or by writing the written complaint sent to the register office´s address or by sending complaint by e-mail to address: info@apra.sk. If Client files a complaint, Provider shall solve out the complaint and and send answer to Client no later than 30 days after receiving complaint from Client.

 

 

VII

 Authorization and entitlements 

7.1  By submitting the Form to the Provider the Client authorizes the Provider to represent the Client in any legal acts in the process of providing the Service. The Client is required to maintain this given authorisation during the whole term of the contractual relation between the Provider and the Client established pursuant to these TERMS AND CONDITIONS. The Clients further authorizes the Provider to receive any payments from airlines, paid in order to satisfy the Client’s claim, in whole or in part.

7.2  If any of the activities carried out by the Provider in the process of the Service provision requires specific authorization from the Client, the Client is obliged to provide this authorization to the Provider without undue delay.

 

VIII.

Provider’s Remuneration

8.1           The Provider is to receive the remuneration only if, the Service was successful in recovering the Client’s claims, in whole or in part, that is when the airline compensates the Claim of the Client, fully or partially. The remuneration is to be received from every single payment transaction that will take place in the process of meeting the Client’s Claim.  The remuneration is fixed at 25 % of the Client’s recovery or its part credited to the Account + VAT, if the Claim has been successfuly recovered without taking the legal action at the judicial procedure; and 30% of the Client´s recovery or its part credited to the Account + VAT if the Claim has been successfuly recovered after taking legal action at the judicial procedure (hereinafter the “remuneration”).

8.2           The Provider is required no later than five (5) days after receiving the financial compensation from the airline in the context of providing the Service to transfer the sum reduced by the remuneration into the Client’s account, referred to in the Form. The Client will hence receive a sum reduced by the Provider’s remuneration.

8.3 If airline compensates the Claim of the Client, fully or partially to the Client´s account or any other account provided by Client, which is different from the Account, Client is obliged to inform Provider no later than five (5) days after receiving the financial compensation from the airline regarding this fact and the amount of compensation. Consequently, Provider issues and sends invoice covering remuneration pursuant to Article 8.1 to Client and Client undertakes to pay remuneration to Provider´s Account in payment term of the invoice.

8.4           All the expenses incurred by the Provider within the process of the Service provision are included in the remuneration. The Provider does not require any advance on extra costs relating to the subject of the Service.

8.5           The Client understands that the Provider incurs additional costs in connection with providing the Service. If the Client notifies the Provider of their intention to terminate Contract without any valid reason later than 14 days after Provider´s confirmation of the Form sent by Client,  the Client is obliged to refund all the expenses incurred by Provider in order to represent the Client in compensation claims and other claims made by the Client as air passenger,

8.6           In the case of the need to recover the Client’s claims by legal action, the Provider and the Client shall agree on conditions for the Service provision separately.

 

IX

Termination of the Service

9.1           The termination of the service is possible:

9.1.1      By agreement. This agreement will be concluded electronically by sending a request for the Service termination by e-mail both by the Client or the Provider APRA s.r.o., and by electronic acceptance by the other Party. Once the other Party receives e-mail including acceptance, the service will be terminated immediately.

9.1.2      By denunciation. The notification of denunciation either by the Client or the Provider APRA s.r.o. (acceptable even without giving particular reasons) shall be sent to the other Party by e-mail, and by post respectively to the correspondence address of the Provider or the Client. Such denunciation shall become effective on the first day of the month following the expiration of a one-month period after the date of delivering the notification to the other Party. In the case of denunciation by the Client the Article 8.5 of the TERMS AND CONDITIONS shall be applied.

9.1.3      By unilateral notice of termination by the APRA s.r.o. company if the Client violates any of the terms and obligations set out in these TERMS AND CONDITIONS, and the Client doesn’t meet them even within the additional period not exceeding 5 days, given by the Provider. In the case of the unilateral termination by the Provider APRA s.r.o. the Article 8.5 of the TERMS AND CONDITIONS shall be applied accordingly.

9.1.4      The termination of the agreement may occur if the Provider finds out that there is no reality in recovering any of the Claims requested by the Client.

9.1.5      By recovering the Claims of the Client and their crediting to the Client´s account after deduction of the Provider´s remuneration.

9.1.6  By recovering the Claims of the Client and crediting Provider´s renumeration to Account, if the Caims were not credited to Provider´s Account directly by airline.

9.2           Following the termination process of the Service, the client will be informed about the Service termination once it is completed.

9.3 Client is entitled to terminate Contract by unilateral notice of termination without specifying the reason of doing so no later than fourteen (14) days after Provider´s confirmation of the Form sent by Client. The interest to terminate Contract this way shall be announced to Provider by e-mail to info@apra.sk or by phone to one of the Provider´s contact telephone numbers and Provider shall immediately send Client the Form. After Client completes and signes this form, Client shall resent it completed by e-mail to Provider.

9.4  If performing the Service should begin or if Client asks for performing the Service before the expiry of the 14 days period after the Contract conclusion, Provider shall instruct Client that:

a) by granting the approval to start performing the Service before expiry of the 14 days period after the Contract conclusion, Client loses his right to terminate Contract by unilateral notice of termination according to the Article 9.3; and

b) Client needs to send Provider his approval with the start of perforing the Service before expiry of the 14 days period after the Contract conclucion and Client´s declaration that he has been well informed according to letter a) of this Article. Client shall send following declaration to Provider by e-mail to info@apra.sk: “I (Client´s name and surname) grant Provider the approval to start performing the Service before expiry of the 14 days period for my unilateral termination of Contract. I understand that by granting this approval, I shall lose the right to terminate Contract unilaterally without providing the valid reason in 14 days period after Contract conclusion.”

 

X

Personal Data Protection

10.1           The Provider informs Client that in accordance with the Section 11 point 3. letter b) of the Act No. 122/2013 Coll. on the personal data protection, as amended (hereinafter the “personal data protection law”), Provider shall process the Client´s personal data (hereinafter the “personal data”) without his consent to the processing of the Client´s personal data, because processing of personal data will be conducted in order to obtain payments from contract between Client and air carrier or travel agency and his Claims for the Client´s benefit, based on the power of attorney granted by Client to Provider. Client is aware that his personal data shall be provided by Provider to the respective air carrier/travel agency for the purpose of performing the Service by the Provider effectively as well as for the purpose of correspondence and e-mail communication.

10.2          Client in the communication preceding the Contract conclusion and after the Contract conclusion period provides Provider usually with following personal data: name, surname, permanent residence address, telephone number, e-mail address. In certain cases, respective airline or travel agency may ask for other personal data. If Client fails to provide thrutful and valid personal data, Provider is not responsible for any damages caused by such inaccuracies.

 

 

10.3 By granting the power of attorney to Provider, the Client confirms that he is well aware that according to Section 10 point. 3. letter b) of personal data protection law, Provider shall process and keep his personal data.

10.4 Provider declares that he will process the personal data in compliance with good morals and he will act only in way that is not in breach with the personal data protection law or any other generally binding legal act, nor he will evade them.

10.5 Client agrees that Provider may authorize another person in order to procces his personal data and that his personal data may be used in a cross-border flow for the purpose od performing the Service solely.

10.6 The Client gives the permission for the Provider to copy and scan the documents necessary for the verification and validation of the data, given to the Provider.

10.7 The Client guarantees that all the information provided is true and accurate. The Client is aware of the consequences concerning the provision of untrue and inaccurate information and understands that this may be reason for the denial of Client´s Claim by carrier/travel agency and what si more, it may be classified as an act of crime.

10.8 The Client is entitled to require upon written request sent to Provider:

a) statement, if his personal data are or are not being processed;

b) purpose of processing personal data;

c) information regarding processing personal data in information system in following range:

i) Provider´s identification data,

ii) identification data of third person who procces personal data (not to be used if Provider does not follow Section 8 of the Act No. 122/2013 Coll. on the personal data protection, as amended;

d) information regarding the source of processed personal data;

e) the list of personal data that are being processed;

f) additional information, which regarding all circumstances and conditions of processing personal data are necessary for Client in order to assure his rights and interests, especially:

i) instruction on voluntarity or mandatority to provide personal data; if Provider process personal data upon Client´s approval according to Section 11 of personal data protection law, he shall announce the time limitation of such approval. If Client´s duty to provide personal duty is based upon legislation of European Union or international agreement by which is Slovakia bound or national law, Provider shall inform Client regarding such legal basis and consequences of not respecting this obligation;

ii) information regarding third parties that shall presumably or directly have acces to personal data;

iii) form of publication, if personal data are to be published;

iv) third countries, if presumably or directly personal data shall be transferred to these countries;

g) correction of inaccurate, incomplete or outdated personal data;

h) destruction of personal data, of the purpose of their use has been achieved; if any official documents containing personal data had been provided, they shall be returned upon Client´s request;

i) destruction of personal data, if there has been breach of personal data protection law or other personal data law.

10.9 The Client is entitled to object against processing of his personal data by Provider according to Section 10, point 3 ,letter a), e), f) and g) of personal data protection law. Client is obliged to express and explain his reasons leading to such objection or to provide evidences of unauthorized interference to his rights and interests protected by law, which may be harmed by such process of personal data. If there are no legal obstacles and objection proves to be justified, Provider is obliged to stop processing such personal data and erase them, unless prevented by circumstances.

XI

Final Provisions

11.1        Written communication between the Provider and the Client shall be made by electronic means to their e-mails or by post. The postal consignments addressed to the Provider shall be forwarded to the address referred to in the Header of the TERMS AND CONDITIONS, while the postal consignments addressed to the Client shall be sent to the Client´s address referred to in the Form. When serving the documents electronically to the Client, the e-mail is deemed to be received on the day following the date of despatch stated in the e-mail information data even if the Client did not receive the email or even if the Client did not learn about it. When sending an email to the Provider, it is deemed not to be received until the Provider acknowledges the Client its receipt by the confirmation e-mail.  In the case of post delivery, the consignment is believed to be delivered within 5 days after its provable dispatch, even if the addressee did not learn about the mail. They may be sent only by the Slovak Post or by a given courier.

11.2        Any disputes concerning the Service supply are subject to the law of the Slovak Republic and their settlement shall fall within the exclusive jurisdiction of the courts of the Slovak Republic.

11.3        The Client declares reading the content of these TERMS AND CONDITIONS and becoming acquainted with them in advance, and acknowledges that all the terms and conditions are clearly stated and understood. The Client accepts these terms and feels to be tied with them since the Form is sent to the Provider under these TERMS AND CONDITIONS.

11.4        The Client is liable for any damage caused by inaccurate and untrue information given to the Provider via the form, or by any other means throughout the provision of the Service, or by breach of any terms in these TERMS AND CONDITIONS.

11.5        These TERMS AND CONDITIONS are effective from 10.03.2017