On our website, all information regarding customers' rights as passengers of airlines and the possibility of obtaining compensation from the airline can be found.
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.
The mandate produces specific effects as provided for in accordance with the applicable legislation, namely Romanian law and Regulation 261/04.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.).
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.
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.
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.