Terms and conditions
Definitions:
  1. Mandate: The document (also referred to as "contract" or "authorization") that the Client will sign to authorize WYNN CAPITAL MANAGEMENT SRL (WCM) to act on their behalf by signing and submitting any requests, claims, and necessary documents, as well as representing the Client before any public or private entity (especially the airline operator), for the purpose of obtaining compensations to which the Client is entitled, according to the law and as mentioned within the mandate, and which will be paid according to the document signed between the Client and WCM and these Terms and Conditions. The form and content of this document will vary to comply with the requirements of any applicable law and relevant jurisdiction. This document will exclusively regulate the legal relationship between the Client and WCM.
  2. Price: The amount paid by the Client to WCM for the services provided in accordance with the mandate concluded between the parties, also referred to as the Fee.
  3. WYNN CAPITAL MANAGEMENT SRL (WCM): is a company registered in Romania, a member state of the EU. The identification data are as follows: Name: Wynn Capital Management SRL; Registered office: Romania, Dolj County, Craiova City, Parângului Street, No. 72A; Unique Registration Code: RO 47078863; Registration number in the Trade Registry: J16/2956/2022; Bank Account: RO35INGB0000999913038730 ING Bank; Website: www.flighthelp.eu; Email: support@flighthelp.center; Phone: +40786299184
  4. Regulation 261/04: Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and repealing Regulation (EEC) No. 295/91, which can be consulted at www.eur-lex.eu
  5. Client: Any person who grants the representation mandate to WCM under the conditions outlined above and who, therefore, agrees to these Terms.
  6. Compensation: represents the total amount that an airline owes to the Client following the occurrence of any provision of Reg. 261/04. Payment will be made, subject to approval of the request by the airline or obtaining a final court decision to this effect, in accordance with the mandate and these Terms.
  7. Claim any claim for compensation or reimbursement arising from the Regulation on air passenger rights, provided that any such claim shall be referred to in these terms as a Claim.
  8. Legal Action ("legal proceedings"): the legal procedure undertaken by the Client by filing a claim with the courts, to compel the airline to provide the requested compensation. This will be done following the Client's request included in the signed mandate and not by the company WYNN CAPITAL MANAGEMENT SRL, but by specialized lawyers mentioned by the Bar Association, a list that can be consulted here: www.unbr.ro. WCM will only be authorized to sign the legal assistance contract in this regard, with any lawyer it deems appropriate.
  9. Price List: the section on our website attached to these Terms and indicated in the mandate, which indicates the prices charged for our services, accepted currencies, payment methods, and all fees charged.
  10. Compensation Claim: The initial claim submitted by the Client through our website or formulated within the mandate, to obtain compensation from the airline, in accordance with these Terms, which may subsequently be sent by WCM to the airlines and courts.
Applicability:The present Terms and Conditions, along with any other provisions contained on our website, apply to the legal relationships between us and Clients, as a result of their submission of compensation claims through the specific section on our website www.flighthelp.eu. Legal relationships arising between individuals and WCM as a result of mandates concluded directly will be governed by the provisions of the mandate signed on this occasion, which will be supplemented by the terms and conditions on the website, and the conditions therein may differ from those applicable to relationships arising through the website.
Mandate:
  1. On our website, all information regarding customers' rights as passengers of airlines and the possibility of obtaining compensation from the airline can be found.
  2. When our Client decides to submit a claim to WCM to obtain compensation, they will need to provide the personal data specified in the claim, including name, address, personal identification number, and flight information for which compensation is sought. It is noted that personal data will be used exclusively to submit the compensation claim and will be provided to the lawyer exclusively for filing legal action, as required by the airline and/or the court. For details on the storage and use of personal data, please consult our privacy policy.
  3. The mandate produces specific effects as provided for in accordance with the applicable legislation, namely Romanian law and Regulation 261/04.
  4. The mandate is signed by the Client personally, through the integrated application that ensures identification and certification of the applied signature. By signing in this manner, the Client confirms that the signature was executed personally and understands that it confers all legal effects arising from the agreement by signing a legal document. The mere proof of signature in the integrated application, along with the Client's personal data and (when provided) a copy of the identity document provided by them, is sufficient evidence that the mandate was given and accepted. Once the Client has signed the mandate, they automatically agree to these Terms, which they were previously informed about by WCM representatives or have read on the internet page. Additionally, the Client confirms that the data provided at the signing of the mandate (phone number and/or email, as applicable) are their personal data and certify their identity.
  5. The entire legal relationship between the Client signing the mandate and WCM is governed by the mandate and these Terms, with the caveat that the Terms represent the general framework complemented by the mandate, but the Terms will not take precedence over them.
  6. Once the client has signed the mandate, they agree to any actions taken by WCM, including legal actions taken by lawyers, as well as the price due, according to the price list.
  7. The Client declares that they have the necessary legal capacity to sign the contract, that they have personally executed their signature on the Mandate through the integrated application, and that they are obligated to provide WCM with all necessary information for claiming compensation and/or filing legal actions, such as identification data and a copy of the identity card, flight details, boarding pass, seat reservation, without limitation. In case the client fails to provide WCM with all necessary information to obtain or continue managing the compensation claim, then WCM is exempted from any responsibility towards the client regarding the amounts they could have obtained, as well as any obligation in this regard, the contracted being unilaterally terminated due to the client's fault. In case of false information provided by the Client or their bad faith, WCM has the right to immediately terminate the Contract, and the Client has no right to claim damages, and WCM has no obligation to continue the compensation collection procedure.
  8. The Client declares that, by authorizing WCM to complete and manage a claim, it will only concern compensations established in accordance with EC Regulation No. 261/04. Any other offers from the airline that do not meet these requirements will be considered as bad faith in payment by the airline, against which WCM will continue to take necessary actions to obtain compensation.
  9. The Client declares that they will not have any other agreement, with any other private or public person, regarding the compensation due and will not accept any offer from the airline without the prior written consent of WCM, otherwise remaining obligated to pay the price to WCM.
  10. Once the client has given the mandate, they will not be able to pursue and manage the compensation complaint with the help of any other party or personally. In case there is an agreement of this type before signing the contract, it must be first terminated/canceled, and evidence to this effect must be provided before signing the mandate.
  11. If the airline operating the flight mentioned in the compensation request fails to pay the compensation within a reasonable period mentioned by WCM in the notification addressed to it, WCM is authorized by the Client to engage any lawyer it deems appropriate to initiate legal action before the courts. Under these conditions, the Client will conclude, through their WCM representative, a legal assistance contract with a lawyer to file the lawsuit on their behalf. In this situation, WCM will charge the price for initiating legal action according to the price list. The price charged will be deducted from the compensation paid by the airline, in accordance with the provisions of point 3 of the "Price and Payment Methods" section of these Conditions. If the compensation is paid after the initiation of legal action, then WCM will charge the Price for initiating legal action in addition to the initial Price for filing the compensation claim (in this regard, please refer to the price list).
  12. If the airline does not pay the compensation and WCM decides to initiate legal proceedings, then the client agrees that WCM allows the lawyer access to all data communicated to WCM and allows them to transfer information regarding the progress of the case to WCM. In this situation, legal proceedings will be initiated by the client, through their WCM representative, who has signed a contract with the legal representative. If the competent court requests separate additional documents to prove the mandate given by the client to WCM or to the lawyer, or the legal relationship between the client and them, the client undertakes to sign these additional documents, acknowledging that otherwise, legal proceedings cannot be successfully initiated, and the right to receive compensation will be lost, without being able to claim any compensation from WCM, in which case the mandate contract may be unilaterally terminated due to the fault of the Client.
  13. The Client accepts that any obligation incumbent upon WCM, arising from the mandate, shall only be fulfilled after the completion of a preliminary eligibility check of the compensation request. This check will be completed by WCM upon taking over the mandate, taking into account the mentions included by the client therein. If WCM considers, after checking eligibility, that the compensation request apparently does not meet the grounding conditions provided by law, then it will send a message to the Client regarding this aspect and will not undertake any further steps on behalf of the Client to obtain compensation; in this case, the Client will accept that they cannot make any claim against WCM. The conclusion drawn by WCM following the preliminary eligibility check does not replace the agreement of the airline/carrier to pay compensation and does not establish any obligation for WCM regarding the payment of compensation. In this paragraph, the mandate will only come into effect after the preliminary eligibility check of the compensation request. The Client accepts that the decision regarding the eligibility of the compensation request, whether in the initial phase, to the airline, or as a legal action, belongs to WCM and will be made exclusively by it. The Client will not have any claims against WCM (and will not owe any amount of money to it) if the procedures for obtaining compensation are not initiated or continued, either directly with the airline or through legal means.
  14. If the client requests the termination of the mandate contract after the initiation of legal action, then they will owe WCM the equivalent of the costs associated with this action (including, but not limited to: lawyer's fees, stamp duties, translation fees, etc.).
  15. If in the compensation request or in the mandate, the Client has mentioned multiple persons and/or booking numbers for which compensation is sought, then the Client expressly declares that they are authorized to act on behalf of these persons, to disclose their personal data, and to collect compensation on their behalf, following the Client's obligation to distribute the amounts due to these persons. For this purpose, the Client declares that they agree to provide WCM or third parties with any additional documents that can prove the mandate given by the persons concerned; otherwise, the Client agrees that they cannot collect the owed compensations, in accordance with the law.
  16. The Client undertakes not to take any action that may affect the image and/or non-pecuniary rights of WCM (including, but not limited to, sending denigrating messages or posting defamatory posts on social networks), exercised beyond the normal limits of freedom of expression. In case of breach of this obligation, WCM has the right to unilaterally terminate the mandate, based on a simple notification sent to the Client, without court intervention or any other formality, and also with the obligation of the Client to pay all amounts advanced by WCM up to that date for obtaining compensations (including, but not limited to: lawyer's fees and other fees) as well as damages for the harm caused.
  17. In all cases of termination of the mandate as a result of the client's request or fault (including, but not limited to: requesting waiver of the mandate after the 14-day period from its conclusion, requesting withdrawal of the filed lawsuit, failure to respond or refusal to provide the additional data requested by the court, or to sign the documents requested by it, etc.), the Client will owe WCM all costs advanced by it in the legal proceedings (stamp duty, lawyer's fees, postal fees, etc.) and, additionally, as damages, the equivalent of the commission established according to the stage of the complaint formulated according to the attached price list and the mandate contract.
Price and Payment Methods:
  1. Information and advisory services regarding passenger rights, in accordance with Regulation 261/04, are provided free of charge by WCM to any airline passenger who wishes to benefit from them.
  2. For representation services provided to clients who submit claims through the website, WCM will charge the prices provided in the "Price List" attached to the representation mandate. The price is due only in case of obtaining compensation from the airline.
  3. For the service of representing the Client and filing compensation claims on their behalf in order to obtain compensation, the Client will pay WCM a price in accordance with the provisions of the price list. Based on the mandate given, the Client agrees that the flight compensation will be paid in full by the airline into WCM's bank account, and following the deduction of the Price and other expenses incurred, WCM will transfer the difference to the Client, into the bank account mentioned by them. If the Client does not adequately provide the necessary personal data, then WCM will retain the entire amount received from the airline for the Client until they provide the information necessary for the payment of the difference, but not more than 90 days from the date of WCM's request for this information through the communication channels indicated by the Client. Failure to provide the necessary information for payment within the indicated 90-day period constitutes a tacit manifestation of the Client's intention to waive any amounts obtained from the airline as a result of WCM's efforts, and these amounts will fully revert to WCM. For the entire period during which the Client does not provide WCM with the necessary data for transferring the due amount, the Client authorizes WCM to perform any operations involving the owed amount of money (including bank transfers, interest collection, etc.), and all civil fruits resulting from these operations will definitively belong to WCM.
  4. WCM will redirect to the Client, from the amount received from the airline, only the value of the compensation (after deducting the agreed Price), and any other additional amounts (as expenses or under any other title) paid by the airline will belong to WCM.
  5. After WCM has paid the remaining difference from the received compensation, after deducting the Price, the Client will have no further claims of any kind against WCM, based on the execution of the mandate.
  6. If the Client receives compensation or other amounts directly from the airline after signing the agreement, they must immediately inform WCM of this and pay the Price within five days of receiving the compensation.
  7. The Client cannot claim interest for the period between the payment made by the airline and the agreed payment made by WCM to the Client. Additionally, WCM has the right to retain any interest recovered from the airline.
  8. WCM cannot be held liable for any damages claimed by the Client due to incorrect information provided by them regarding the bank account, address, name, and other similar information, damages such as payment to a person other than the Client, but not limited to these. In these situations, WCM is not obliged to take any steps to recover the amount from the person to whom it was paid.
  9. WCM cannot be held liable for bank charges or fees applied to bank transactions regarding the compensation or the remaining difference after deducting the Price, which reduce the amounts in question, these being borne by the Client. Additionally, the Client is informed that, upon payment of the due compensation, some airlines may retain certain taxes and/or fees (such as taxes, processing fees, but not limited to these), in accordance with their policy and the applicable legislation in the state where they are registered, so the final amount received as compensation may be lower than that mentioned by the applicable legal provisions, and they will not have the right to claim any amounts withheld under this title.
  10. The Parties agree to exempt themselves from liability in case of force majeure events, according to their definition in Romanian law, and if force majeure is proven, according to this law.
Personal Data Protection:
  1. All personal data that the Client will provide to WCM will be used solely by WCM to provide the necessary information and consultation, as well as to submit the compensation request and manage it, including in the event of filing a lawsuit (communication to the lawyer). This action will be completed in accordance with EU Regulation No. 679/2016, and the Client agrees to the use of their data for this purpose.
  2. The Client must provide WCM with their personal data necessary for filing compensation claims, for the purpose of using their data in accordance with the terms of the agreement. WCM will ensure that all this sensitive information will be properly managed and provided only to third parties involved in the process of completing and managing the compensation request, under the following circumstances:
    1. Where the client has expressed consent
    2. Intention to facilitate the tracking of the client's compensation
    3. In order to generate documents relevant to the client's interest, for the purpose of obtaining compensation.
    4. If they are required to comply with certain legal provisions;
  3. The Client is solely responsible for disclosing to WCM the personal data of other individuals mentioned by them in the compensation request, while also declaring that they have the consent of these individuals for the use of the data for this purpose.
  4. These provisions are complemented by those of the privacy policy.
Right to Withdraw from the Contract:
  1. In accordance with Romanian and European laws and regulations regarding legal acts, as a consumer, you will have the right to withdraw from the Contract.
  2. Without being obliged to communicate a reason, the client has the right to withdraw from the mandate contract within 14 days from signing it. For the withdrawal to take effect, the client must inform WCM of their intention in writing within 14 days from signing the contract, but before the moment when the airline has communicated acceptance to pay the compensation required for the client, based on the representation contract. If the right of withdrawal is exercised after the airline has communicated acceptance to pay the compensation required for the Client, then WCM will retain the Price in accordance with the Price List. Also, upon withdrawal from the contract, the Client must reimburse WCM for all expenses incurred in managing their request and agrees that any revocation of the compensation request by WCM to the airline is subject to the airline's acceptance.
Final Provisions
  1. If any provision of these Terms is invalid or loses its legal applicability, all other provisions thereof shall remain in force.
  2. These Terms shall be interpreted only in accordance with their meaning in the Romanian language.
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