Last Updated: July 26, 2024
This document outlines the terms and conditions (the “Terms”) that govern the use of the services offered by JetJustice Limited, a company trading as JetJustice and registered under the laws of the United Kingdom with registered address at Analysis House 117-119 Sea Road, Sunderland, England, SR6 9EQ (collectively, “JetJustice,” “we,” “us,” or “our”). These Terms and Conditions apply to all users of our website located at JetJustice.com (the “Site”), our applications, and any other services provided by JetJustice (collectively the “Services”). By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms and Conditions set forth herein, you may not access or use the Site or any of our Services.
These Terms constitute a legally binding agreement between you (the “User”) and us. Your access to and use of the Site signifies your acceptance of these Terms and your agreement to be legally bound by them. These Terms apply to all users of the Site, including without limitation users who are browsers, potential clients, customers and visitors.
BY ACCESSING OR USING THE SITE, BY REGISTERING FOR AN ACCOUNT ON THE SITE, OR BY CLICKING A BUTTON OR CHECKING A BOX MARKED “I AGREE” OR SOMETHING SIMILAR, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY WHICH IS HEREBY INCORPORATED INTO THESE TERMS BY REFERENCE. IF YOU HAVE ANY QUESTIONS, DOUBTS, OR CONCERNS, PLEASE CONTACT US AT [email protected].
1. DEFINITIONS AND INTERPRETATIONS
1.1. Definitions:
Capitalised terms shall have the meanings set forth below regardless of whether they appear capitalised or not elsewhere in these Terms.
| “Airline” | The air carrier responsible for the flight disruption you experienced for which our Services may be required; |
| “Air Passenger Rights Regulations” | Includes a variety of laws and regulations governing compensation for flight disruptions. It includes, but is not limited to: Individual Airline Terms and Conditions, EU Air Passengers Rights Regulation 2004 (EC261), UK Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 (APR Regulations) (UK261), Turkish Regulation on Rights of Passengers Traveling By Air (SHY-PASSENGER) (Turkish SHY), United States Department of Transportation (DOT) Fly Rights Regulations, Canadian Transportation Act: Air Passenger Protection, Brazilian Air Passenger Legislation (ANAC 400), General Consumer Protection Laws, and the Montreal Convention 1999 (MC99). |
| “Assignment Agreement” | The Agreement signed by you authorising JetJustice to act on your behalf during the Claims Pursuit Service, including the right to accept or reject settlement offers from the airline; |
| “Claim” | Your request for compensation from the Airline due to a flight disruption as defined in these Terms; |
| “Claims Pursuit Service” | The service offered by JetJustice to assist you in pursuing compensation for your flight disruption claim against the Airline. |
| “Eligible Claim” | A Claim that JetJustice has assessed, within its discretion, as a Claim that it is willing to pursue on your behalf by providing you with the Claims Pursuit Service. |
| “Eligibility Service” | The initial assessment conducted by JetJustice to determine if your flight disruption qualifies for compensation under applicable Air Passenger Rights Regulations. |
| “Flight Compensation” | The monetary amount awarded by the Airline as compensation for your flight disruption. Flight Compensation does not encompass any payments or reimbursements for Legal Expenses, collection costs, interest, or similar expenses that have been pre-financed by JetJustice or arise from JetJustice’s intervention; |
| “Force Majeure” | Unforeseen circumstances beyond JetJustice’s control that prevent us from fulfilling our obligations under these Terms such as strikes, natural disasters, or legal restrictions; |
| “Information Service” | The service provided by JetJustice offering general information about air passenger rights at no cost; |
| “Legal Action” | Refers to the initiation and pursuit of a Claim through judicial means, encompassing the preparation and filing of a Claim in court or before a government body, such as a national enforcement body (NEB). It also includes the engagement of an external body to present the Claim directly to the Airline or to facilitate judicial proceedings, as well as the transfer of a Claim from one jurisdiction to another. |
| “Legal Action Fee” | An additional fee charged by JetJustice if Legal Action becomes necessary to pursue your claim against the Airline |
| “Our Fees” | Refers to the fees and charges outlined herein, indicating accepted currencies and methods of payment, which are payable by you to JetJustice. In addition to Our Fees, JetJustice may also be entitled to Legal Expenses from the Airline, as detailed in these Terms. |
| “Service Fee” | The fee charged by JetJustice for the Claims Pursuit Service, typically deducted from the recovered compensation amount if successful. |
| “User” | You, the individual or entity using the JetJustice Services. |
1.2. Interpretations:
1.2.1. A reference to a clause, schedule and paragraph heading shall not affect the interpretation of this Agreement. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) [and that person’s legal and personal representatives, successors or permitted assigns]. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.2.2. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.2.3. A reference to a statute or statutory provision is a reference to it as it is in force as at the date of these Terms. A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of these Terms under that statute or statutory provision. A reference to writing or written includes e-mail unless otherwise provided in these Terms.
2. ELIGIBILITY
To use our Services, you must:
2.1 Be a natural person over the legal age of majority in your country of residence. This means you must be of an age at which you can form legally binding contracts under the laws of your country. To use our Services in the United Kingdom, you must be 18 years of age or older. Alternatively, if you are under 18, you may access and use our Services only with the express consent of your legal guardian who agrees to be bound by these Terms and Conditions on your behalf.
2.2 Have the authority to enter into these Terms and Conditions and any service-specific terms, both for yourself and, if applicable, for any other passengers you are booking on our Services. If you are submitting a Claim on behalf of yourself and other passengers (“Secondary Passengers”), JetJustice may require each Secondary Passenger to execute a separate authorisation document. This document will explicitly grant the primary claimant the authority to engage our Services on behalf of the Secondary Passengers. JetJustice reserves the right to contact Secondary Passengers directly during the claims process. This may be necessary for verification of information provided in the Claim, gathering additional details relevant to the Claim and obtaining consent for specific actions related to the claim resolution.
3. DESCRIPTION OF OUR SERVICES
3.1. JetJustice offers a service to assist individual air travelers who have experienced flight disruptions, including delays and cancellations to potentially recover compensation from airlines.
3.2. Eligibility Assessment: Our user-friendly platform guides you through a step-by-step process to provide details about your disrupted flight. This includes information such as the airline name and flight number, original departure and arrival times, reason for the disruption (if provided by the airline), details of your rebooking (if applicable), and proof of your travel documents (boarding pass, confirmation email, booking reference code)
3.3. Claim Pursuit: Once we assess your eligibility for compensation based on a pre-set algorithm which considers provisions of relevant regulations, we offer an optional service to pursue the Claim with the airline on your behalf. This includes building a case based on the information you provide and any other relevant details we may uncover, communicating directly with the airline to negotiate a fair settlement for your compensation claim, and keeping you informed throughout the process with updates on the claim’s status.
3.4. Expense Reimbursement: We also offer an expense reimbursement service geared towarards ensuring that passengers are reimbursed for essential expenses, such as hotel stays, meals, and replacement items, incurred due to air travel disruptions.
3.5. While JetJustice works to recover compensation for Eligible Claims, there is no guarantee of success. Outcomes may depend on factors outside of our control, such as the airline’s specific policies or extenuating circumstances surrounding the disruption. Please understand that JetJustice is not a law firm and does not provide legal advice or representation. We act as an intermediary between you and the Airline to facilitate the Claim process. In certain cases, and in accordance with these Terms, we may collaborate with contracted external organisations, lawyers or attorneys to pursue a Claim. However, these legal professionals would be acting on JetJustice’s behalf, not as your personal legal counsel.
4. SCOPE OF JETJUSTICE SERVICES
4.1. JetJustice leverages software to analyze the eligibility of potential compensation claims arising from various flight disruptions. Our service currently covers a broad range of scenarios affecting both domestic and international flights across numerous Airlines and jurisdictions.
4.2. Supported Disruption Types:
4.2.1. Cancellations: We can assess your claim if your flight was entirely cancelled by the Airline, regardless of the reason for cancellation.
4.2.2. Delays: If your flight arrived at its final destination three hours or more after the scheduled arrival time, you may be eligible for compensation. JetJustice can analyze your situation and determine potential eligibility.
4.2.3. Missed Connections: Did you miss a connecting flight due to a delay on your previous flight? We can evaluate your situation to see if you may be entitled to compensation for the missed connection.
4.2.4. Overbooking: In instances where the airline sells more tickets than available seats on a flight and denies you boarding due to this overbooking, you may be eligible for compensation. JetJustice can help assess your claim.
4.2.5. Downgrades: If you were involuntarily downgraded from your ticketed class of service (e.g., business class to economy), you may be entitled to compensation. We can analyze the details of your downgrade to determine eligibility.
5. CLAIMS ASSESSMENT
5.1. Our software analyzes the details you provide regarding your flight disruption to determine if you may be eligible for compensation under relevant regulations. The Site guides you through a step-by-step process to provide details about your flight disruption. Upon acceptance of these Terms, our software then analyzes this information based on factors such as the disruption type, flight details, and applicable regulations (“Eligibility Service”). If the software analysis suggests you may have a valid claim for compensation, you will be directed to complete an online onboarding process within the JetJustice application.
5.2. Following onboarding, a human claims handler will review your information and the software’s assessment. This review involves a more comprehensive analysis, potentially including additional research or clarification needed for a final decision regarding your claim’s eligibility and potential pursuit.
5.3. The software analysis is intended to provide an initial evaluation. It does not guarantee a final decision on your claim’s eligibility. Our human claims handlers possess the experience and knowledge to make informed decisions based on the specifics of your situation and relevant regulations. Using our Eligibility Service does not guarantee you access to our Claims Pursuit Service.
5.4. Upon your execution of the Assignment Agreement, JetJustice reserves the right to review all your submitted claims. While we strive to pursue all valid claims on behalf of our clients, we maintain the discretion to determine whether pursuing a particular claim aligns with our business practices and resource allocation. This decision may be based on factors such as the complexity of the claim, the likelihood of success, or unforeseen circumstances.
6. CLAIMS PURSUIT SERVICE
6.1. Enrolling in the Service: Before we begin working on your claim (the “Claims Pursuit Service”), you’ll need to complete a few key steps through our online form:
6.1.1. Authorisation: You will be asked to electronically sign our Assignment Agreement, indicating your agreement to proceed with the Claims Pursuit Service.
6.1.2. Compensation Type: Please acknowledge that JetJustice will prioritize seeking monetary compensation from the Airline on your behalf. While we may consider travel vouchers or other offers in some situations, the final decision on accepting such alternatives rests with JetJustice at our sole discretion.
6.1.3. Exclusivity: By enrolling, you confirm that you are not pursuing compensation through any other means (directly with the airline or through another third party) and that there are no ongoing or anticipated legal disputes between you and the airline concerning the Claim. If you have any existing legal representation for the Claim, you must terminate that arrangement immediately and prior to assigning the Claim to us.
6.1.4. JetJustice’s Discretion: Upon receipt of the signed Assignment Agreement and reviewing the provided information, JetJustice will confirm our acceptance of your case for the Claims Pursuit Service via email or other written communication. We reserve the right to decline service at our sole discretion or request further information/documentation before proceeding.
6.1.5. Assignment of Claim: Once enrolled, you cannot assign your claim to another party. The legal right to pursue the claim is transferred to JetJustice.
6.2. You may not authorise any other third party to act on your behalf regarding the Claim. JetJustice will handle all communication and negotiation with the Airline. If you receive any compensation directly from the airline after enrolling with JetJustice, you must inform us immediately. Such compensation would be considered “Flight Compensation,” and JetJustice would still be entitled to our Service Fee.
6.3. After Enrolling, you should cease all communication with the Airline regarding the Claim. Please direct any airline correspondence to JetJustice. Understanding these requirements is essential before using our Claims Pursuit Service.
7. EXPENSE REIMBURSEMENT SUPPORT SERVICE
7.1. In addition to the Claims Pursuit Service for flight compensation, JetJustice may offer a separate service to assist you with claiming expenses incurred due to a flight disruption. This section outlines the terms and conditions specifically applicable to the JetJustice Expense Reimbursement Support Service (the “Expense Service”).
7.2. The Expense Service provides support to help you gather and submit documentation to claim reimbursable expenses associated with your flight disruption. This may include, but is not limited to:
7.2.1. Necessary expenses: Reasonable costs incurred due to the disruption, such as meals, accommodation, or alternative transportation.
7.2.2. Documentation review: We will review your expense receipts and documentation to ensure they meet airline or regulatory requirements.
7.2.3. Communication assistance: We can assist you in drafting claim letters or communications with the airline regarding your expense reimbursement request.
7.3. The Expense Service is a separate offering from the Claims Pursuit Service. You may choose to use one service or both, depending on your needs. JetJustice does not guarantee successful reimbursement of your claimed expenses. The ultimate decision to reimburse expenses rests with the Airline. You are responsible for ensuring all expense claims are valid and meet the Airline’s specific reimbursement policies.
7.4. You are responsible for providing accurate and complete information and documentation related to your claimed expenses, keeping all original receipts and documentation for your records, and cooperating with JetJustice throughout the expense reimbursement process.
8. PROXY
If you are submitting a Claim on behalf of Secondary Passengers (as defined herein), you are responsible for ensuring you have the proper authorisation to act on their behalf. For claims involving Secondary Passengers who are minors, you must provide complete information for each minor, including their full names. You must also provide the names and signatures of the minor’s legal guardians or custodians. These individuals are typically the parents or legal representatives of the minor. JetJustice reserves the right to request additional information or documentation to verify your authorisation to act on behalf of Secondary Passengers. It is vital that you have the necessary authorisation from all Secondary Passengers before submitting a Claim on their behalf. Processing claims without proper authorisation may cause delays or rejection.
9. CLAIM ASSIGNMENT AND EXCLUSIVITY
9.1. By signing the Assignment Agreement, you understand and agree to irrevocably assign your right to pursue compensation for the Claim to JetJustice. This assignment is exclusive and cannot be revoked once the Agreement is signed. You further confirm and agree that you are not currently pursuing compensation for this Claim through any other means. You acknowledge that you will not engage any other party to represent you regarding this Claim after signing the Agreement.
9.2. In the event that you breach the terms of exclusivity outlined above, by: (i) assigning the Claim to another party after signing the Agreement; (ii) accepting compensation for the Claim directly from the Airline after signing the Agreement; or (iii) engaging another third-party claims service or initiating legal action on your own after signing the Agreement, JetJustice reserves the right to reclaim from you the full amount of the Service Fee (and Legal Action Fee, if applicable) that we would have been entitled to receive had we successfully recovered compensation for the Claim, and pursue any other legal remedies available to us under this Agreement or applicable law.
10. USER WARRANTIES
10.1. You warrant that all information you provide to JetJustice in connection with your use of the Services is accurate, complete, and up-to-date. This includes, but is not limited to: (i) details of your flight disruption (flight number, airline, dates, etc.); (ii) passenger information; (iii) documentation supporting your claim (boarding passes, booking confirmations). You agree to promptly update any information that becomes outdated or inaccurate during the claim process.
10.2. You warrant that you are eligible to use the Services in accordance with these Terms. This includes: (i) being of legal age to enter into binding contracts (typically 18 years old) in your jurisdiction of residence; (ii) having the authority to act on behalf of yourself and any passengers included in the Claim (if applicable); (iii) not being currently engaged in pursuing compensation for the same claim through any other means (directly with the airline, another third-party service, or legal action).
10.3. You agree to cooperate with JetJustice throughout the claim process. This includes providing all requested information and documentation in a timely manner, responding promptly to communications from JetJustice regarding your claim, authorising JetJustice to communicate with the Airline on your behalf and following any reasonable instructions provided by JetJustice related to the Claim.
10.4. You warrant that your use of the Services and the information you provide will comply with all applicable laws and regulations.
10.5. YOU EXPRESSLY UNDERSTAND AND AGREE THAT JETJUSTICE DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. JETJUSTICE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR WILL RESULT IN COMPENSATION FOR YOUR FLIGHT DISRUPTION.
11. LIMITATIONS OF ELIGIBILITY ASSESSMENT
11.1. JetJustice utilises its software to analyse the potential eligibility of Claims for compensation arising from flight disruptions. However, it is crucial to understand that this software analysis provides an indication only, and does not guarantee a final decision on your claim’s eligibility or the amount of potential compensation.
11.2. The software analyzes the details you provide regarding your flight disruption and assesses your claim against relevant regulations. The software then calculates a potential compensation amount based on factors like the amount paid for the ticket, distance of your flight and the disruption type.
11.3. The Software’s assessment is intended as an initial indicative evaluation. It does not constitute a final decision on your claim’s eligibility or the exact compensation amount. Once Enrolled, our team of experienced claims handlers will review your information, the software’s assessment, and any additional details to reach a more comprehensive decision on your claim’s eligibility and potential compensation. This review process may involve further research or clarification needed for a final determination.
11.4. Multiple factors beyond our control can ultimately impact the claim’s outcome. These could include: (i) specific circumstances surrounding your flight disruption; (ii) the airline’s individual policies and interpretations of regulations; or (iii) decisions made by regulatory bodies or courts (if legal action becomes necessary).
11.5. While JetJustice strives to provide accurate assessments, the final determination of eligibility and compensation amount for flight disruption claims may ultimately rest with the airline, regulatory bodies, or courts.
12. FLIGHT COMPENSATION AND LEGAL ACTION
12.1. Once you submit your Claim, we will prepare a request for compensation and send it directly to the Airline. We will handle all communication and negotiation with the Airline on your behalf throughout the Claims Pursuit Service. If the Airline pays compensation as a result of our efforts, you will be required to pay JetJustice the Service Fee. Upon receipt of the Flight Compensation, we will deduct the Service Fee and any other applicable fees before remitting the outstanding amount to you.
12.2. At present, all payments to you are manually processed by JetJustice and will be made in the same currency as the compensation received from the Airline, unless you opt into our currency conversion service when cashing out your funds. If this service is selected, Users may specify another payout currency at an exchange rate set 3% above the prevailing interbank exchange rate on the day of transfer, as determined by transferwise.com. You are responsible for all charges associated with receiving the amount payable to you.
12.3. If the Airline fails to respond to our request within a reasonable timeframe, or if JetJustice determines that Legal Action is necessary, we may, at our sole discretion, initiate legal proceedings against the airline to recover compensation on your behalf. Should Legal Action become necessary, you will be responsible for an additional Legal Action Fee in addition to the Service Fee.
12.4. In some cases, Legal Action may involve collaboration with an external bodies including without limitation solicitors, consumer rights organisation, arbitration panel, collections agency, or law firms. By using our Claims Pursuit Service, you expressly consent to JetJustice providing the contracted body with access to your claim information for the purpose of pursuing legal action. If Legal Action becomes necessary, you will be required to provide any additional documentation required to proceed with the case.
12.5. JetJustice will cover any legal expenses incurred during Legal Action, even if the case is unsuccessful. However, if the Claim is successful or a settlement is reached, JetJustice will seek reimbursement from the Airline for any uncovered legal costs. Any such reimbursements, including legal expenses and interest, will belong to JetJustice.
12.6. It is important to understand that pursuing compensation through Legal Action can be a lengthy process, potentially taking years to reach a final resolution. We will keep you informed throughout the Claims Pursuit Service process. We will provide communication regarding the initial request for compensation, negotiations with the Airline, any decision to pursue Legal Action, and updates on the legal proceedings (if applicable).
13. SETTLEMENT OFFERS
13.1. During the Claims Pursuit Service, JetJustice may, at our sole discretion, negotiate settlement offers with the Airline on your behalf. Since you have assigned the Claim to JetJustice through the Assignment Agreement, the decision to accept a settlement offer ultimately rests with us. The Assignment Agreement grants us the authority to accept or reject settlement offers without needing your further consent.
13.2. JetJustice may pursue the Claim in its own name, with or without the involvement of an external body. In some instances, we may need to reassign the claim back to you, potentially requiring a new authorisation document (similar to the initial Assignment Agreement) to continue pursuing compensation through the Claims Pursuit Service and to collect any recovered funds.
13.3. You are responsible for providing accurate and complete information throughout the Claims Pursuit Service. JetJustice will not be held liable for any delays or issues arising from incorrect communication, documentation, or fraudulent information provided by you. If it is discovered that you deliberately provided false information, you will be responsible for reimbursing JetJustice for any legal expenses incurred, in addition to any other remedies available to us under these Terms or under applicable law.
14. GOODWILL CLAIMS
JetJustice may, upon your request, attempt to recover compensation through a “Goodwill Claim.” It is important to note that the success rate of Goodwill Claims is generally lower than claims based on established passenger rights regulations. A Goodwill Claim is initiated by JetJustice on behalf of the passenger with the airline, seeking compensation for inconveniences or issues experienced during air travel, even if not expressly covered by existing regulations. Goodwill Claims are typically based on the goodwill and discretion of the Airline, rather than legal obligations under air passenger rights regulations. Due to the discretionary nature of Goodwill Claims, their success rate may vary significantly depending on the Airline’s policies, practices, and willingness to provide compensation. While JetJustice endeavors to pursue Goodwill Claims on behalf of passengers, it is important to recognise that the outcome of such claims cannot be guaranteed, and compensation may not always be forthcoming.
15. OUR DECISION-MAKING PROCESS
15.1. JetJustice exercises careful discretion throughout the Claims Pursuit Service. This discretion encompasses a range of decisions, including but not limited to: (i) Determining whether to pursue your claim based on the initial eligibility assessment; (ii) Evaluating the feasibility of initiating legal action against the Airline; (iii) Assessing the merits of any settlement offers presented; (iv) Considering the option to withdraw the claim entirely if deemed appropriate; or (v) Exploring the pursuit of a Goodwill Claim, where applicable in your jurisdiction;.
15.2. Our discretionary decisions are informed by a comprehensive analysis of various factors, including without limitation: applicable air passenger rights regulations and legal frameworks, jurisdictional nuances and complexities, including the legal systems involved, assessment of potential legal expenses and the likelihood of recovering them in the event of legal action, review of the Airline’s track record in responding to similar claims and their propensity for settlement, estimation of the timeframe for resolving the claim through legal proceedings, evaluation of the quality and completeness of the information provided by you, the client, and consideration of any external legal advice obtained and our own experience handling similar claims.
16. JETJUSTICE FEES AND PAYMENTS
16.1. Assessing your initial claim eligibility for compensation is a free service provided by JetJustice. We equally provide access to general information about air passenger rights at no cost.
16.2. The Claims Pursuit Service is typically offered free of charge upfront. However, if JetJustice is successful in recovering compensation for your flight disruption, we will deduct the Service Fee from the recovered amount before transferring the remaining balance to you. The Service Fee chargeable is set out on the Site. If legal action becomes necessary to pursue your claim, you will be responsible for the Legal Action Fee in addition to the Service Fee.
16.3. It is your responsibility to ensure you provide accurate and complete payment information. If JetJustice incurs costs due to incorrect information provided by you (e.g., returned funds from attempted compensation transfer), you will be responsible for such costs. We will make reasonable efforts to contact you for correction and update of your payment information. JetJustice will attempt to contact you for a maximum of three (3) months after compensation is received from the Airline. Should you fail to respond with correct information during this period, JetJustice reserves the right to retain the portion of the recovered compensation that would have otherwise been transferred to you.
16.4. In some instances, the Airline may directly transfer compensation funds to you. If this occurs, you are obligated to inform JetJustice promptly as soon as you receive direct compensation from the Airline. You will be invoiced for and are responsible for paying JetJustice’s Service Fee, any applicable Legal Action Fees, interest, or similar charges.
16.5. JetJustice is not responsible for issues arising from: (i) Lost checks, prepaid cards, or credit cards during transfer; or (ii) Incorrect bank account information or address provided by you (resulting in misdirected payments). JetJustice is not obligated to actively recover misdirected payments due to your error. In addition, you shall not be entitled to claim interest on the recovered compensation during the period between JetJustice receiving the funds and transferring them to you. JetJustice reserves the right to retain any interest recovered from the Airline, including interest earned through legal action. JetJustice will not be liable for delays or inability to transfer payments due to events beyond our control, such as strikes, natural disasters, or legal restrictions.
16.6. The Service Fee and Legal Action Fee (if applicable) apply to any type of settlement where JetJustice recovers compensation for your claim. This includes settlements reached through court decisions, direct negotiation with the Airline, or joint settlements involving multiple claims.
17. OUR INTELLECTUAL PROPERTY
The Site and all content included on the Site, including but not limited to text, graphics, logos, images, software, data, and other materials (collectively, the “Content”) is the property of JetJustice or its licensors and is protected by copyright, trademark, and other intellectual property laws. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Site solely for your personal, non-commercial use. Except as set out in this section or elsewhere in our Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If we ever grant you the permission to post, reproduce, or publicly display any part of our Site or Content, you must identify us as the owners or licensors and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Site, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use the Site or the Services will terminate immediately without liability to us.
18. TERMINATION OF SERVICE
18.1. If you meet the criteria defined for a consumer under the consumer regulations of the European Union (EU), the European Economic Area (EEA), and the United Kingdom (UK), signifying that you are an individual engaging in a legal transaction for reasons other than commercial or independent vocational purposes, you are entitled to exercise a legal right of Withdrawal. You have the right to withdraw from the Claims Pursuit Service within 14 days from the date you Enroll. To exercise this right, you must provide us with a clear written notice of your intention to withdraw. This notice can be submitted through our online portal or by contacting our customer support team. After the initial 14-day withdrawal period has passed, you will no longer have the right to terminate the Service.
18.2. JetJustice reserves the right to terminate the Service and the Agreement at any time for any reason including, but not limited to:
18.2.1. Material breach of contract: If you violate any material terms of this agreement (e.g., providing false information, failing to cooperate with the claim process).
18.2.2. Inability to pursue claim: If circumstances arise that make it impossible or impractical for JetJustice to pursue your claim (e.g., airline ceases operations).
18.2.3. Fraudulent activity: If we suspect fraudulent activity associated with your Claim.
18.3. You understand that you cannot terminate the Service once the Airline has accepted the Claim for compensation. At this point, JetJustice has dedicated resources to pursuing your claim, and our Fees will become applicable if compensation is recovered.
18.4. In the event of termination by either party, (i) JetJustice will cease all efforts to pursue your Claim; and (ii) if you terminate within the 14-day window, you will not be charged any fees (except where the Airline accept the Claim within this period).
18.5. If JetJustice terminates due to your breach, you shall be liable for any costs incurred by JetJustice in pursuing your claim up to the point of termination. If JetJustice terminates for other reasons (e.g., airline ceases operations), any Service Fee will not be applicable, and we will use commercially reasonable efforts to return any documents or information in our possession related to your Claim.
19. REASSIGNMENT
19.1. You may request to have your claim reassigned back to you at any point before the Airline accepts a Claim. To do so, you must submit a written request to JetJustice. JetJustice may reassign your claim to you in its sole discretion. This may occur in situations such as you becoming unresponsive during the Claims Pursuit Service or new information coming to light that makes pursuing the claim impractical.
19.2. In all cases of reassignment, a written reassignment agreement may be required, signed by both you and JetJustice. If you have previously signed an “Authority Document” authorising JetJustice to act on your behalf, you can withdraw this authorisation by providing written notice to JetJustice.
19.3. In the event your claim is reassigned, you will be responsible for reimbursing JetJustice for any costs incurred up to the point of reassignment. These costs may include, but are not limited to: (i) Fees associated with processing and analysing your claim; (ii) Communication expenses with the airline; and (iii) Any external costs incurred while pursuing your claim (e.g., legal fees if applicable).
20. ELECTRONIC COMMUNICATIONS
Your interaction with JetJustice electronically signifies your agreement to receive communications in that format. Visiting our website or sending emails to us constitutes electronic communication. By using these methods, you consent to receiving electronic communications from JetJustice in return. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically (via email and on the Site) satisfy any legal requirement that such communications be in writing. In other words, electronic communications from JetJustice hold the same weight as traditional paper-based communication for legal purposes. We take precautions to ensure the security of your electronic communications with us. However, you should always be aware of the inherent risks involved in electronic communications. We recommend that you do not include sensitive information in emails you send to us.
21. CLAIM PURSUIT AND TIMESCALE
21.1. While JetJustice will make reasonable efforts to pursue compensation for your Claim, we reserve the right to determine the best course of action at our sole discretion. This includes the decision to:
21.1.1. Pursue the claim: We will prioritise claims with a high likelihood of success based on various factors (e.g., applicable regulations, airline history, claim strength).
21.1.2. Delay pursuit: We may delay pursuing your claim if circumstances warrant it (e.g., ongoing legal precedent cases impacting similar claims).
21.1.3. Discontinue pursuit: In some cases, we may decide not to pursue a Claim further if it becomes unviable due to factors such as insufficient evidence, airline insolvency, or excessive legal costs. We would however retain the rights to reactivate the pursuit of the Claim where we believe in our sole discretion that the circumstances surrounding the Claim have changed.
21.2. You acknowledge and agree that JetJustice reserves the right in its sole discretion to assign or outsource your Claim, in whole or in part, to a Third-Party Agency with similar expertise in handling air passenger claims recovery with or without notice to you.
21.3. JetJustice cannot guarantee a specific timeframe for resolving your claim. The Claims Pursuit Service process can vary depending on factors beyond our control, such as airline response times and potential legal proceedings.
21.4. Even if we decide to delay or discontinue pursuing your claim, the assignment of your claim to JetJustice remains in effect. This means: (i) You cannot assign your claim to another company; and (ii) You cannot contact the Airline directly regarding compensation for the assigned claim. These limitations are necessary to allow JetJustice to manage the claim process effectively and recoup our Fees if compensation is ultimately recovered.
22. USER COMMUNICATION
JetJustice may use the contact information you provide to communicate with you regarding the services you utilise on the Site. When engaging with the Eligibility Service, you agree to receive email or sms correspondence from JetJustice related directly to our Services including follow-up emails for submitted claims or eligibility inquiries.
23. SERVICE MANAGEMENT
We reserve the right, but not the obligation, to: (a) monitor the JetJustice website for violations of these Terms; (b) take appropriate legal action against any User who, in our sole discretion, violates these Terms, (c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any Content, feature or any portion thereof; (d) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (e) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
24. THIRD-PARTY LINKED SITES
This Site may contain links to other websites (“Third-Party Linked Sites”) operated and maintained by independent entities outside of JetJustice. We provide these links as a convenience to our users and do not control or endorse the content or activities of these Third-Party Linked Sites. Each Third-Party Linked Site has its own privacy policies, security measures, and terms of use. We encourage you to familiarize yourself with the independent policies of each Third-Party Linked Site you visit. We are not responsible for the content or practices of any Third-Party Linked Site. We make no representations or warranties about the accuracy, completeness, or legality of the content contained on any Third-Party Linked Site. You access Third-Party Linked Sites at your own risk. We do not endorse or recommend the products or services offered on Third-Party Linked Sites. Third-Party Linked Sites may have different security practices and measures in place than our Site. We are not responsible for the security of any information you provide to or that is collected by Third-Party Linked Sites. If you have any questions or concerns about a Third-Party Linked Site, you should contact the operator of the Third-Party Linked Site directly.
25. RESTRICTIONS
As a condition of your use of the Site, you warrant to JetJustice that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of JetJustice or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such Content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Site. JetJustice’s software is protected and not for resale. Your use of the Site does not entitle you to make any unauthorised use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of JetJustice. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of JetJustice or our licensors except as expressly authorised by these Terms. You are prohibited from accessing or attempting to access any non-public areas of the Site. Unauthorised individuals attempting to access these areas of the Site may be subject to prosecution. JetJustice reserves the right to terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account.
26. INTERNATIONAL USERS
The Site is controlled, operated, and administered by JetJustice from our offices within the UK. If you access the Site from a location outside the UK, you are responsible for compliance with all local laws. You agree that you will not use the JetJustice Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. Laws regarding data privacy and protection may vary by country. Please refer to our Privacy Policy for more information about how we collect, use, and disclose your data. You acknowledge that by using the Site, you are transferring your data to the UK, which may have different data protection laws than your country. You may be subject to import and export control laws and regulations that govern the electronic transmission of technical data, software, and content. You agree to comply with all such laws and regulations. Access to the Site from territories where the Site or any portion thereof is illegal is prohibited.
27. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless JetJustice, its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively, the “JetJustice Parties”) from and against any and all claims, losses, liabilities, expenses, damages, and costs (including reasonable attorneys’ fees) arising out of or relating to: (i) your breach of these Terms or of the Assignment Agreement; (ii) your violation of any applicable laws or regulations; (iii) your use of the Service in a manner not authorised by these Terms; (iv) your information or content submitted through the Service; (v) any third-party claim arising from your use of the Services. This indemnification obligation shall survive the termination of these Terms.
28. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETJUSTICE PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF JETJUSTICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: YOUR USE OF THE SERVICE, THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE, ANY ERRORS OR OMISSIONS IN THE SERVICE, ANY DELAYS OR INTERRUPTIONS IN THE SERVICE, THE TERMINATION OF THE SERVICE, ANY VIRUSES OR OTHER MALICIOUS CODE THAT MAY BE TRANSMITTED THROUGH THE SITE, OR THE CONTENT OR CONDUCT OF ANY THIRD PARTY USER OF THE SERVICE. JETJUSTICE PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE OUTCOME OF YOUR CLAIM FOR FLIGHT DISRUPTION. THE DECISION TO AWARD COMPENSATION AND THE AMOUNT OF ANY AWARD RESTS SOLELY WITH THE AIRLINE OR, IF APPLICABLE, A COURT OF LAW. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF JETJUSTICE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE SERVICE FEE PAID BY YOU, IF ANY.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. This limitation of liability is intended to be applied to the fullest extent permitted by law.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF DEALING OR USAGE. JETJUSTICE PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE. JETJUSTICE PARTIES DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL RESULT IN COMPENSATION FOR YOUR FLIGHT DISRUPTION.
29. DATA PROTECTION
JetJustice is committed to protecting the privacy of your personal information. We collect, use, and disclose your information in accordance with our Privacy Policy, which is available at jetjustice.com/privacy. The Privacy Policy explains the types of information we collect about you, how we use your information, the legal basis for processing your information, your rights in relation to your information, and how to contact us about your privacy concerns. By using the Site and engaging with our Services, you acknowledge that you have read and understood our Privacy Policy.
30. DISPUTE RESOLUTION
If the parties are unable to resolve a Dispute within 30 calendar days of written notice of the Dispute being given by one party to the other, such Dispute shall be referred to and settled by mediation conducted in London, England, under the CEDR Model Mediation Rules (the “CEDR Rules”). The costs of the mediation shall be shared equally between the parties. All information disclosed during the mediation shall be confidential and shall not be admissible in any subsequent arbitration or court proceedings, except as required by law.
In the event that the parties are unable to resolve the dispute via mediation within 30 business days from the commencement of mediation proceedings, then such Dispute shall be resolved only by final and binding arbitration pursuant to the Arbitration Act 1996. The arbitration shall be conducted by a single neutral arbitrator and administered by the London Court of International Arbitration (LCIA), or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
31. CLASS ACTION WAIVER
You and JetJustice agree that any arbitration under these Terms will be conducted on an individual basis. Class arbitrations and class/representative/collective actions are not permitted. This means that neither you nor JetJustice may bring claims against the other as a plaintiff or class member in any class, collective, or representative arbitration proceeding. Additionally, the arbitrator may not consolidate more than one person’s claims in the arbitration without the consent of all parties involved in those claims. This waiver of class actions applies to all disputes arising out of or relating to these Terms, whether based in contract, tort, statute, or any other legal theory.
32. CHANGES TO THESE TERMS
We reserve the right to modify or update these Terms at any time. Any changes made to these Terms will become effective immediately upon their posting on the Site or by other communication channels. It is your responsibility to review these Terms periodically for any updates or modifications. If you continue to use the Site after any changes to these Terms, it will signify your acceptance of the modified terms. If you do not agree with the updated terms, you may discontinue your use of the Site. We may also provide you with notice of any significant changes to these Terms via e-mail or other appropriate means. Such notice will specify the nature of the changes and the effective date. Your continued use of the Site following the receipt of such notice constitutes your agreement to the revised terms.
33. MISCELLANEOUS
These Terms, the Assignment Agreement, and any policies or operating rules posted by us on the Site or in respect to our Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. These Terms shall be governed and construed in accordance with the laws of England and Wales without giving effect to its conflict of laws provisions.
34. CONTACT US
If you have any questions about these Terms, our services or any content available on the Site, please contact us via e-mail at [email protected] or via the claims page in your account once the Claim has been legally assigned to us in accordance with these Terms.