Terms & Conditions
Below you can find the terms & conditions of our service. To make a claim with us you must agree to the below before we can progress your case.
The term "myFlightDelayed.com" or "us" or "we" refers to the owner of the website whose registered office is Challenge House, Sherwood Drive, Milton Keynes, MK3 6DP. The term "you" refers to the user or viewer of our website.Make A Claim
We request that you countersign and return these Terms & Conditions electronically as soon as possible. By signing this agreement, you will also agree to the Damage Based Agreement, which provides for us to recover 36% inc. VAT in monetary value of any monies/vouchers you recover.
1. PARTIES TO THIS LEGAL SERVICES CONTRACT
(a) My Flight Delayed, and
(b) You, the Claimant and any additional passengers
2. WORK TO BE UNDERTAKEN
A broad outline of the work I shall be carrying out includes:
(a) Review your potential case for the submission of a delayed flight claim.
(b) Draft a Letter of Claim.
(c) Review any response.
(d) If a proposal is made, then negotiate a resolution.
(e) If the case is rejected, then if appropriate, refer the case to the Aviation Ombudsman or other appropriate Alternative Dispute Resolution schemes approved by the Civil Aviation Authority
(f) In the event a resolution is not reached and then issue legal proceedings providing we still consider you have a resonable prospect of success.
Our obligation to you at this stage is to carry out the above work. In return we will charge 36% inc. VAT, prior to any disbursements, of any sums we recover on your behalf. Our fee advice has been calculated on the basis that we are only carrying out the above.
3. YOUR OBLIGATIONS TO US
As our client you will agree:
(a) That you were booked on the claimed flight and if appropriate attempted to check in at the Airport
(b) That you have not already made a successful claim
(c) To promptly provide us with any relevant documents we request
(d) To provide us with a copy of your ID and any additional passengers’ ID
(e) That you have not and will not engage any other claims company or law firm on the same complaint nor go to direct to the airline to claim
(f) To accept updates and advice electronically (email) unless you request otherwise
(g) To accept any compensation by way of cheque made out to you. However, at times, the airline may make a compensation payment in the form of vouchers to you; our fee will still be due in monetary value in this instance.
(h) If your claim is rejected and if required, then to provide us with the relevant consent to take your case to the appropriate Alternative Dispute Resolution or Centre for Effective Dispute Resolution scheme as approved by the Civil Aviation Authority, providing there is no adverse risk of cost to you. You will not be charged for this service; any charges to use this service will be covered by us and if we are successful our fee to you will still be set at 36% inclusive of VAT.
Should you fail to adhere with the obligations above you will be liable for the fee structure outset in section 11.
4. ADDITIONAL PASSENGERS
In the event of you submitting a claim on behalf of any additional passengers, you confirm that you:
(a) Will act as lead passenger and provide instructions in respect of all actions for all claimants
(b) You will make payment (on a no win no fee basis) on behalf of additional passengers
(c) You have the appropriate authority to act on behalf of any additional passengers
(d) You will disperse any monies received on behalf of the additional passengers
5. WHO WILL BE DOING YOUR WORK
I (Andrew Settle) am the Managing Partner of the firm and also a Solicitor-Advocate with ultimate conduct of your matter. I delegate aspects of the file to other members of the My Flight Delayed Resolution Team, however, I will be responsible for the supervision of your case.
Please ensure you are very clear on the legal fees being charged. We will work on a Damages Based Agreement (DBA) whereby we will be entitled to 36% inc. VAT of any damages recovered (prior to any deduction of disbursements). Please see the enclosed DBA with further details of the agreement. For clients making an International payment, myflightdelayed.com will cover the charges applied by banks as a disbursement. To do this, clients must request their bank shares the fees.
Foreign Transaction Fee
Foreign Transaction Fees (FTF) may apply via the airline or your nominated Financial Institution. Any FTF will be payable by you, the Claimant. Under no circumstance will we, MFD, cover these costs. If you are making a payment to MFD we advise you should check with your Financial Institution as to any additional costs you may incur.
7. PROFESSIONAL INDEMNITY INSURANCE
myflightdelayed.com has Professional Indemnity Insurance within England & Wales as required by the Solicitors Regulation Authority of England and Wales. It is a fundamental term of our accepting instructions from you that our liability to you is limited to £3 million. Should you require us to have a greater liability than this please contact us. In the absence of any express agreement in writing between us for a higher amount we will not be responsible to you for any liability incurred in excess of that amount. Our current insurers are:
- 100% Endurance International Insurance Co Ltd
- Reference: PI18END1353
8. RIGHT TO CHALLENGE THE BILL
If you are dissatisfied with our bill, we ask that you raise your concerns with the fee-earner concerned, or if you prefer, Mr. Andrew Settle, Managing Director. In the event that the issue cannot be resolved, you have the right to invoke our complaints procedure, which is detailed below. You also have the right to make a complaint to the Legal Ombudsman. There are time limits for doing so, and all details in relation to the Legal Ombudsman can be found at www.legalombudsman.org.uk.
If you remain dissatisfied with the amount of the bill, you have the right to ask the Senior Courts Costs Office to consider the bill and make an assessment as to its reasonableness. Full details of this procedure can be found at www.justice.gov.uk/guidance/courts-and-tribunals/courts/senior- courts-costs-office.
9. MONEY LAUNDERING
Under the Money Laundering Regulations 2007 and the Proceeds of Crime Act 2002, we have an obligation to verify the identity and place of residence of all clients before the establishment of a business relationship. We will request further documents upon receipt of your signed Agreement but as a minimum we require a copy of your Passport or Driving Licence.
We may outsource the taking and making of telephone calls, data inputting, processing new enquiries, chasing documents from you to a specialist and supervised company. You agree for us to outsource this element of your matter. I am however ultimately responsible for ensuring that the highest quality of work is maintained and I undertake monthly reviews of the outsourced work to ensure:
(a) All details will remain confidential.
(b) Any person employed by a contractor involved in your matter has all the necessary qualifications and experience to deal with the matter.
(c) Any person dealing with your matter is adequately supervised by persons with the appropriate qualifications and experience to do so.
As the client you have the right to cancel this Agreement; you may do this at any time in the period of 14 calendar days beginning with the day after the day on which this Agreement was made. You should either write to us at My Flight Delayed, Challenge House, Sherwood Drive, Milton Keynes, MK3 6DP, call us on 0333 212 3077, email firstname.lastname@example.org or complete and send back the cancellation form available for download below. The correspondence should at least state “I wish to cancel the Agreement with My Flight Delayed”. If you gave your explicit consent for us to commence working for you within the 14-day cancellation period, please note that if you do cancel your instructions that you will need to pay for any services provided until the point of your cancellation. If an offer is received or payment of your claim within 14 days and therefore we are successful, then the cancellation fee will be equal to 36% inc. VAT of the offer or received amount from the Airline.
If you wish to cancel outside of the 14-day period then we may charge a cancellation fee of £90 inc. VAT per passenger unless the Airline has accepted your claim in this 14-day period in which case our normal charges will apply as the cancellation fee.
Should we fail to get a response from you to our correspondence/attempted communication, then your claim will be automatically cancelled after 4 weeks of either the date of sign-up or your last communication with us, whichever is latest, under ‘failure to respond’ and you will be charged the cancellation fee at the cost explained above.
12. OUR COMPLAINTS PROCEDURE
It is important to us that we provide services of the highest quality to all of our clients. We aim to ensure that any complaints that clients may have are identified and dealt with in accordance with this procedure.
Making a complaint:
You can register your complaint with the person dealing with your matter, or Mr. Andrew Settle, Director and appointed complaints handler. Mr. Settle will ensure complaints are handled effectively and in accordance with this procedure.
(a) We will acknowledge your complaint within seven days
(b) We will conduct a full investigation and an independent review of your matter
(c) We aim to respond in full within 28 days, however, if your complaint is of a more complex nature we will require more time; we will inform you of when you will receive a full response
(d) We will reply to you, usually in writing, to tell you our views on your complaint and how we propose to resolve it, hopefully to your satisfaction
(e) If you are dissatisfied with the outcome, or the way your complaint has been handled, you may request that your file is independently reviewed by an external solicitor who will make such further investigations as are necessary
(f) The external solicitor will inform you of the conclusions and any alternative proposals to resolve your complaint, usually within 28 days of this being referred to them. Under no circumstances will the above investigation take longer than 8 weeks
(g) You may take your complaint to the Legal Ombudsman within 6 months of the expiry of the 8-week period or our definitive response in the meantime.
The Legal Ombudsman is an independent organisation, which is ultimately responsible to Parliament. The Legal Ombudsman deals with complaints about the legal profession. You must make any complaint to the Legal Ombudsman within a certain period of time of the act or omission in the work which gave cause to the complaint arising. We refer you to the website of the Legal Ombudsman, as below, for details of that time limit.
There are also two additional relevant time limits; the Legal Ombudsman will accept complaints up to six years from the date of act/omission, or three years from when you should have known about the complaint. However, this new limit will be introduced gradually, as at present, the problem must have happened on or after 6 October 2010, or if the problem happened earlier than that, you must not have been aware of it before 6 October 2010.
The Legal Ombudsman may:
- Investigate the quality of professional service supplied by a solicitor to a client
- Investigate allegations that a solicitor has breached rules of professional conduct
- Express a view on whether a solicitor’s charges are fair and responsible
- Ensure that a solicitor has handled a complaint correctly
The Legal Ombudsman will not:
- Determine whether a solicitor has been negligent
- Give legal advice or tell a solicitor how to handle a case
- Review the outcome of a court case
There are restrictions upon who may make a complaint to the Legal Ombudsman. Individuals and certain enterprises may do so, however, are therefore referred to the Legal Ombudsman’s website, as below, for clarification.
Before it will consider a complaint, the Legal Ombudsman generally requires that the firm’s internal Complaints Procedure has been exhausted. If it is necessary to involve the Legal Ombudsman it may take up to six months from the end of the firm’s procedure; this can be checked at www.legalombudsman.org.uk or by telephoning the Legal Ombudsman on 0300 555 0333. If the Legal Ombudsman is satisfied that the firm’s proposals for resolving a complaint are reasonable, it may decline to investigate further.
The Legal Ombudsman’s address and further details are:
Legal Ombudsman, PO Box 6806, Wolverhampton
Telephone: 0300 555 0333
13. ALTERNATIVE DISPUTE RESOLUTION
In the event that you have raised a complaint regarding My Flight Delayed and this has been unresolved, you may wish to engage with Alternative Dispute Resolution bodies instead of the Legal Ombudsman Service. We will agree to use schemes involving ProMediate and Small Claims Mediation in the event a complaint is not resolved by the Legal Ombudsman.
Unless otherwise agreed, these terms and conditions of business shall apply to any future instructions given by you to us. Please sign below. You also agree to act on behalf of all additional passengers andthat you authority to do so.
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