Welcome and thank you for your trust.
You will find below the General Terms and Conditions of Service (GTCS) applicable to the site https://delayedflyer.com which offers you an assistance service in obtaining compensation for delayed or cancelled flights.
If you have any questions, the Company can be contacted Monday to Saturday from 6am to 8pm:
- By email at: help@delayedflyer.com - we aim to reply within 48 hours.
Service principle
Delayed Flyer offers an assistance service to obtain compensation for flight delays, cancellations and overbookings in accordance with current regulations. The service is free of charge; Delayed Flyer receives a commission only if the compensation is successfully obtained.
Commission
The commission due to Delayed Flyer is deducted directly from the compensation obtained before payment to the customer. The commission rate is 30%, clearly indicated when using the service.
The "Company" or "we" refers to the company registered under n°CHE-435.365.102, and domiciled Place de la Riponne 3, c/o Multifiduciaire Léman SA, 1005 Lausanne. Switzerland
The "Site" refers to the Internet site(s) accessible from the URL link https://delayedflyer.com and all sites published by the Company to present and sell its Services.
The "User" refers to any person browsing the Site.
Service(s)" refers to all services provided on the Site.
Compensation" refers to the amount obtained following a claim for a delayed, cancelled or overbooked flight.
Commission" refers to the percentage of the compensation obtained by Delayed Flyer as remuneration for its service.
Customer " refers to the individual or legal entity, professional or otherwise, subscribing to a Service with the Company.
The "General Terms of Service" or "GTS" refers to the present general terms of service, applicable within the framework of the contractual relationship between the Company and its Customers, which include the confidentiality policy that may be available on the Site and any element of the Site to which they expressly refer.
Partner " means any professional partner with whom the Company has a business relationship in connection with the provision of the Service and to whom the Customer may be referred in connection with the provision of the Service.
Authorization Document" means the document that authorizes Delayed Flyer to act on your behalf with respect to your Claim. This document may take various forms, such as a power of attorney or a certificate of authorization.
Purpose. The General Terms of Service (GTS) govern the assistance provided by Delayed Flyer to the Customer in claiming compensation for delayed, cancelled or overbooked flights. This service includes the use of the website provided by Delayed Flyer.
Access to GCS. The GTCS are accessible at all times on the Delayed Flyer website and prevail over any previous version. They come into force on the date they are updated and apply exclusively, setting aside any other conditions, including those applicable to other services or distribution channels.
Acceptance of GCS. The Customer is required to read the T&Cs before initiating any request for service and to accept them, signifying full agreement with them. This acceptance confirms that the Customer has received all the information necessary to ensure that the service corresponds to his/her needs. The GTS define all the rights and obligations of the parties in the context of their relationship.
Capacity to contract. By using the service, the Customer confirms that he/she has the legal capacity to contract under the law of his/her country or to act legitimately on behalf of a third party. The Customer also ensures that he/she has the necessary authorizations to proceed with the claim via the means proposed by Delayed Flyer.
Proof of transactions. The information recorded by Delayed Flyer serves as proof of all interactions, acceptances and transactions carried out via the service.
Scope of the GCS. The TOS apply to any interaction with Delayed Flyer and any request for service. The Customer may at any time obtain a copy of the TOS applicable to his situation. Delayed Flyer may propose specific conditions for certain offers or services, which will be communicated to the Customer before any action is taken. Delayed Flyer's failure to exercise any right or provision of these GTS at any time shall not constitute a waiver of such right or provision for the future.
Overview. Delayed Flyer offers an assistance service designed to help customers obtain compensation for inconveniences suffered when flights are delayed, cancelled or overbooked. Details of the service are available on the Delayed Flyer website and are summarized when the compensation request is submitted, as well as in the confirmation email sent to the customer.
Service evolution. Delayed Flyer reserves the right to adjust or modify the characteristics of the service to improve its offer or to comply with current regulations. The service provided will correspond to the description given at the time the customer submits the request for compensation.
Available languages. The service is primarily offered in French, but Delayed Flyer may offer assistance in other languages depending on the customer's preferences and the capabilities of the Delayed Flyer team. Automated translation services may be used, and Delayed Flyer strives to minimize potential translation errors.
Service information. Delayed Flyer accurately describes the services offered on its website. In the event of an error or omission in the presentation of the service, Delayed Flyer undertakes to rectify this information, unless the error does not substantially affect the nature of the service offered.
Service updates. Delayed Flyer undertakes to keep its service up to date and to inform its customers of any significant updates or improvements to the service. These updates are intended to optimize the customer experience and increase the likelihood of successful compensation claims.
Commencement of Service. Delayed Flyer's service begins immediately after the Customer submits a request for compensation via Delayed Flyer's website. By submitting the request, the Customer signs the Authorization Document, confirming that :
Exclusivity of the claim: Any action or task in progress relating to the customer's claim must be cancelled to ensure the smooth running of our service. Without these prerequisites, access to the Claims Service cannot be granted.
Once the Authorization Document has been received and analyzed, Delayed Flyer will send a written confirmation, by e-mail or otherwise, to indicate the official start of the compensation process. We reserve the right to request additional information or documentation, or to refuse service at our discretion.
After Document Submission:
Cancellation of Service Request. The Customer may cancel the Service Request at any time before compensation has been successfully obtained by contacting Delayed Flyer customer service:
Effect of Cancellation. If a request for service is cancelled by the Customer before compensation is obtained, Delayed Flyer will make every effort to cancel the request for compensation with the airline. If, despite these requests, compensation is finally obtained on behalf of the Customer, the commission due to Delayed Flyer will be deducted from this compensation in accordance with the terms accepted at the time the request was submitted.
No Hidden Fees. There are no hidden fees or additional costs associated with cancelling a service request prior to obtaining compensation. Delayed Flyer is committed to full transparency regarding commission fees, which apply only to successfully obtained compensation.
Submission of the Request on the Site. To initiate a service request with Delayed Flyer, the Customer selects the required assistance on the Site and is directed to a request form. The Customer must enter his/her personal information and the details of the flight concerned. The Customer is responsible for the truthfulness and accuracy of all information provided.
Customer's responsibility. The Customer agrees to provide accurate and complete information. Delayed Flyer cannot be held responsible for failures or delays in the provision of services resulting from incorrect or incomplete information provided by the Customer.
No Initial Payment Obligation. No initial payment is required to submit a service request to Delayed Flyer. Delayed Flyer's commission is conditional upon the Customer successfully obtaining compensation.
Request Confirmation. Once the request has been submitted, the Customer receives a confirmation email indicating that the request is being processed. This email summarizes the information provided and the next steps in the process.
Service Agreement. By submitting a request, the Customer accepts Delayed Flyer's General Terms of Service, which include agreement on the percentage of commission that Delayed Flyer will charge on any compensation obtained.
Proof of Request. The information and/or documents provided by Customer to Delayed Flyer in connection with the submission of the Request shall serve as evidence of the submission of the service request and of any communication between Delayed Flyer and Customer. Delayed Flyer ensures the confidentiality and security of this data.
Commission principle. Delayed Flyer only charges a fee when the Customer obtains successful compensation for a delayed, cancelled or overbooked flight. The commission rate is clearly indicated on the Delayed Flyer website and is detailed in the confirmation of the service request sent to the Customer.
Transparency of costs. There are no hidden charges or additional costs. All financial conditions, including the commission rate and any administrative fees in the event of success, are communicated to the Customer before the request is submitted.
Payment of commission. The commission is deducted from the compensation obtained before the remainder is paid to the Customer. Delayed Flyer undertakes to provide a detailed statement of the compensation obtained and the costs deducted.
No Fee in Case of Failure. If no compensation is obtained, the Customer owes nothing to Delayed Flyer. No handling fees or other charges are applied.
Payment terms. In the event of successful compensation, Delayed Flyer deducts its commission directly from the amount obtained before transferring the balance to the Customer. The precise details of the balance transfer will be communicated to the Customer at the time of confirmation of the settlement.
Payment incident. In the event of a problem relating to the receipt of compensation due to the Customer, Delayed Flyer undertakes to provide assistance to resolve the situation as soon as possible.
Duties and Taxes. The Customer is responsible for the declaration and payment of any tax or duty applicable to the compensation received, in accordance with the legislation in force in its tax jurisdiction.
Right of Cancellation. The Customer has the right to cancel his request for service to Delayed Flyer without providing a reason, at any time before compensation is obtained and Delayed Flyer's commission applied.
Cancellation procedure. To cancel a service request, Customer must notify Delayed Flyer of its decision to cancel in a clear and unequivocal manner. This can be done by email to the address provided on the Delayed Flyer website or by any other means of communication made available by Delayed Flyer for customer service.
Consequences of Cancellation. If a request for service is cancelled by the Customer before compensation is obtained, Delayed Flyer will make every effort to cancel the request for compensation with the airline. If, despite these requests, compensation is finally obtained on behalf of the Customer, the commission due to Delayed Flyer will be deducted from this compensation in accordance with the terms accepted at the time the request was submitted.
SAMPLE CANCELLATION FORM
Please complete and return this form only if you wish to withdraw from the contract.
For the attention of Delayed Flyer - - help@delayedflyer.com : I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the provision of the following services (*) :
Ordered on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only in the case of notification of this form on paper) :
Date:
(*) Delete as appropriate.
Effect of Cancellation. Should the Customer decide to cancel his/her request for service before compensation has been obtained, this will result in the immediate termination of all actions taken by Delayed Flyer in connection with this request. There is no charge associated with this cancellation for the Customer, in accordance with our success commission policy.
Notification of Termination. Delayed Flyer will notify the Customer of the cessation of actions related to the request as soon as the cancellation decision is received and processed.
Access to the Site. The Delayed Flyer website is accessible free of charge to anyone with Internet access. Costs associated with accessing the site, such as hardware, software or Internet access costs, are the responsibility of the user. Delayed Flyer cannot be held responsible for any material damage resulting from use of the site. Users are advised to access the site with up-to-date and secure equipment.
Service request. To submit a service request to Delayed Flyer, the user must complete and submit the form available on the site. No prior registration or creation of a user account with login details is required to access the service offered by Delayed Flyer.
User responsibility. The User is responsible for the accuracy of the information provided when submitting a service request. In the event of inaccurate information, Delayed Flyer cannot be held responsible for the failure of the service request. In the event of fraudulent conduct or provision of documents: In the event that you have provided deliberately incorrect information or data, in addition to any other remedies Delayed Flyer may have under these Terms, you shall, at Delayed Flyer's request, reimburse Delayed Flyer for Legal Expenses.
Use of Site. Users agree to use the Delayed Flyer site responsibly and in accordance with applicable law. Any abusive or illegal behavior may result in Delayed Flyer refusing access to the service.
Maintenance and Availability. Delayed Flyer endeavors to ensure constant availability of its site and service, but reserves the right to carry out maintenance operations that may result in temporary interruption of access. Delayed Flyer does not guarantee uninterrupted availability of the service and cannot be held responsible for interruptions due to factors beyond its reasonable control.
Compliance with Terms of Use. Access to the Delayed Flyer service is subject to compliance with these conditions. Delayed Flyer reserves the right to limit or refuse access to the service to any user who does not comply with these conditions.
Scope of the Undertaking. Delayed Flyer undertakes to provide assistance to customers in connection with their claims for compensation due to flight cancellations or delays. This commitment is conditional on the success of the claim.
Rights in the Event of Non-Conforming Service. If the service provided by Delayed Flyer does not meet the customer's expectations in terms of claim assistance, the customer may contact Delayed Flyer to discuss any concerns. Delayed Flyer will endeavour to rectify the situation wherever possible.
No Failure Fee. There is no charge to the customer if the claim does not result in compensation. Delayed Flyer's commission is only payable if the claim is successful.
Additional rights. Customers are entitled to the rights provided by applicable service legislation, including the right to report non-conforming service and to request rectification at no additional charge.
Limitation of Liability. Delayed Flyer undertakes to provide its assistance diligently and professionally, but does not guarantee compensation. Delayed Flyer's liability is limited to the provision of claim assistance services.
Commitment to privacy. Delayed Flyer attaches paramount importance to respecting the privacy and protecting the personal data of its users and customers. We undertake to treat all data collected with the highest degree of confidentiality and in compliance with the General Data Protection Regulation (RGPD) and the French Data Protection Act (Loi Informatique et Libertés).
Data collection. As part of our claims assistance service, we collect only the information necessary to manage your file, such as your first and last name, email address, telephone number and flight details. No banking data is collected by Delayed Flyer, as our remuneration model is based on a commission in the event of a successful claim.
Retention period. Your personal data is kept only for as long as is necessary to fulfill the purposes for which it was collected, and to comply with our legal and regulatory obligations.
Users' rights. In accordance with current regulations, you have extensive rights concerning your personal data, including the right of access, rectification, deletion, limitation of processing, and the right to data portability. You also have the right to object at any time to the processing of your personal data.
Security and confidentiality. Delayed Flyer implements technical and organizational measures to guarantee the security and confidentiality of your data. We also take precautions to protect your data from unlawful or unauthorized use.
Contact and complaints. If you have any questions about the management of your personal data or if you wish to exercise your rights, you can contact us via the e-mail address provided on our website. You have the right to lodge a complaint with the relevant data protection authority.
Privacy policy. We invite you to consult our privacy policy available on our website for more information on our personal data processing practices.
Access to External Sites. Delayed Flyer may provide hypertext links to partner sites, airlines, legal entities or other third-party sites that may be of interest to our users. These sites are independent and are not under the control of Delayed Flyer. They have their own terms of use and privacy policies.
User responsibility. We encourage our users to be aware when they leave our site and to read the terms of use and privacy policies of any other sites they visit. Delayed Flyer is not responsible for the content, practices or availability of such third-party sites.
Non-Endorsement. The presence of links to third-party sites on the Delayed Flyer site in no way constitutes an endorsement, guarantee, partnership or recommendation of these sites by Delayed Flyer. Users access such sites at their own risk.
Links Provided for Information Purposes. The links provided on the Delayed Flyer site are provided for information purposes and to facilitate access to additional information. They should not be construed as a direct affiliation or close relationship with the external entities concerned.
Suspension of Services. In the event of unforeseeable events or force majeure beyond the reasonable control of Delayed Flyer, such as natural disasters, strikes, telecommunications interruptions or pandemics, the performance of our obligations may be temporarily suspended.
Communication with customers. Delayed Flyer will inform its customers as soon as possible in the event of suspension of service due to force majeure, specifying the nature of the event and the estimated duration of the suspension.
Responsibility of Delayed Flyer. Delayed Flyer cannot be held responsible for delays or inability to perform its services resulting from circumstances beyond its control. This includes technical difficulties inherent in the use of the Internet and mobile networks.
Staff unavailability. In the event of unavailability of Delayed Flyer staff due to serious personal reasons (illness, accident, etc.), we will endeavour to find an alternative solution to maintain continuity of service. If this proves impossible, a suspension or adaptation of the service may be necessary, and customers will be informed accordingly.
Property rights. Delayed Flyer owns or has obtained the necessary rights to all elements of intellectual property relating to the site and the services offered, including, without limitation, text, graphics, logos, icons, images, audio and video clips, user interfaces, and software.
Restrictions on Use. Access to the site and use of Delayed Flyer's services do not grant users or customers any intellectual property rights to the elements of the site or service. These elements remain the exclusive property of Delayed Flyer or its legitimate partners.
Prohibitions. It is strictly prohibited to copy, modify, reproduce, republish, upload, post, transmit, or distribute in any way the content or services of Delayed Flyer, in whole or in part, without the prior written permission of Delayed Flyer. Any unauthorized use may result in legal action, including, but not limited to, prosecution for infringement and suspension of access to the services.
Authorized Use. Subject to compliance with these terms and the making of the agreed payment, Delayed Flyer grants customers a non-exclusive, non-transferable right to use the information, content and methodologies provided as part of the service, solely for their own personal, non-commercial use.
Customer responsibility. The customer undertakes not to use the Delayed Flyer service on behalf of third parties and is responsible for any unauthorized, fraudulent or abusive use of the information obtained via the service. Any proven infringement of Delayed Flyer's intellectual property rights may result in immediate termination of services and legal action.
Trademark protection. Trademarks, logos and other distinctive signs belonging to Delayed Flyer are protected by trademark and intellectual property laws. Any unauthorized use of these signs may result in legal action.
Sharing Feedback. Delayed Flyer encourages its customers to share their experience with customer service. Reviews can be submitted via the form available on our site. We ask customers to provide an honest and accurate description of their experience.
Moderation and publication. All reviews submitted are subject to moderation to ensure authenticity and relevance before publication. Delayed Flyer reserves the right not to publish a review that does not comply with our publication guidelines or is deemed inappropriate.
Modification or Withdrawal of Reviews. Customers may request the modification or removal of their review by contacting Delayed Flyer at the e-mail address provided on our site. We will endeavor to respond to such requests within a reasonable time.
Use of notices. With the customer's explicit consent, Delayed Flyer may use customer reviews and testimonials in its marketing and communication materials, on the site or elsewhere, to illustrate the quality and effectiveness of our service.
User-Generated Content. If a customer sends Delayed Flyer comments, images, or any other content relating to the customer's experience with Delayed Flyer, the customer grants Delayed Flyer the non-exclusive right to use such content for promotional purposes. This may include publishing such content on our site, in our marketing communications or on social networks.
Rights Granted. By sharing opinions and content, the customer acknowledges that Delayed Flyer may use them with due respect for copyright and image rights. No compensation will be due to the customer for this use. These rights are granted for a global duration in accordance with copyright legislation.
Privacy policy. Delayed Flyer is committed to respecting the privacy of its customers in the use of reviews and shared content. Only information that the customer chooses to make public will be used.
Right of Modification. Delayed Flyer reserves the right to modify the terms and conditions of its services at any time in order to adapt to legislative, regulatory, technological or operational changes. We undertake to inform our customers of any significant modification.
Applicable conditions. Changes to the terms and conditions of service will not apply retroactively to service requests already submitted by customers. For these requests, the conditions initially accepted at the time of submission remain in force.
Acceptance of Modifications. Customers will be notified of changes to the terms of service and may be asked to accept the new terms for future requests. In the event of refusal, the previously accepted conditions will remain applicable until completion of any current service.
Impact of Modifications. No modification will be applied in such a way as to diminish the quality of the service or significantly alter the characteristics of the service to which the customer had initially committed, without offering the customer the possibility of terminating his request without charge.
Communication of Modifications. All significant modifications to the conditions of service will be communicated to customers by an appropriate means, guaranteeing total transparency.
Delayed Flyer's commitments. Delayed Flyer undertakes to provide professional assistance to help its customers with their air compensation claims. However, Delayed Flyer does not guarantee compensation and cannot be held responsible for the decisions of airlines or competent authorities.
Customer responsibility. Customers are responsible for providing accurate and complete information necessary to manage their claim. The use of any advice or information provided by Delayed Flyer is the responsibility of the customer, who is aware of the hazards of the claims process.
Limitation of liability. Delayed Flyer's liability to its customers is limited to the assistance services provided. In no event will Delayed Flyer be liable for indirect damages such as loss of opportunity, pain and suffering or any other indirect financial loss resulting from the use of the service.
Limitation of liability. Delayed Flyer's total liability for breach of its contractual obligations shall not exceed the total amount of the service fees paid by the customer to Delayed Flyer for the claim concerned.
Non-Assimilation to Legal Services. The services provided by Delayed Flyer do not constitute legal services or legal advice. Delayed Flyer assists its customers with the administrative aspects of airline compensation claims without acting as legal counsel.
Use of Information. Customers are solely responsible for the use of information and advice received from Delayed Flyer and agree not to use it for any unlawful purpose
Force Majeure. Delayed Flyer will not be held responsible for the partial or total non-performance of its services in the event of force majeure or events beyond its control (strikes, natural disasters, pandemics, etc.).
Jurisdiction and Applicable Law. The services provided by the https://delayedflyer.com website are governed by the law applicable at the Company's registered office, unless otherwise stipulated by the protective legislation applicable to the consumer customer. Although the main content of the GCS is in French, in the event of translation into other languages, the French version shall prevail in the event of discrepancy or dispute.
Validity of Clauses. The invalidity or unenforceability of any provision of these TOS shall not affect the validity or enforceability of any other provision. Delayed Flyer reserves the right to modify or replace the invalid provision with a valid provision corresponding to the original purpose.
Non-Waiver. Delayed Flyer's failure at any time to enforce any provision of these TOS shall not be construed as a waiver of any subsequent enforcement of such provision.
Assignment of Contract. Delayed Flyer reserves the right to transfer, assign or dispose of all or part of its rights and obligations under these GTS, in the event of a merger, acquisition or sale of company assets, without the customer's consent being required. Customers will be informed of any significant transfer affecting the provision of the service.
Entire Agreement. These TOS constitute the entire agreement between Delayed Flyer and its customers with respect to the subject matter hereof and supersede all prior communications and proposals, whether electronic, oral or written, between the customer and Delayed Flyer with respect to the service.
Amiable Resolution. In the event of any disagreement or dispute regarding Delayed Flyer's services, we encourage our customers to contact our customer service department in the first instance. Our goal is to resolve problems constructively and to the satisfaction of all parties involved.
Mediation for consumers. If an amicable agreement cannot be reached, consumer customers residing in the European Union have the right to have recourse to a mediation service. They can access the European Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. This platform facilitates the independent and impartial resolution of online disputes without recourse to the courts.
Mediation for professional customers. Disputes involving professional customers will, wherever possible, also be submitted to an attempt at amicable resolution. If this approach fails, disputes will be brought before the competent courts located within the jurisdiction of Delayed Flyer's head office, unless a different contractual provision has been agreed in advance by the parties.
Competent Jurisdiction. For any dispute that cannot be resolved by mediation, and unless otherwise provided by applicable regulations, the competent courts will be those of the location of Delayed Flyer's registered office, thus guaranteeing jurisdictional clarity for all parties.
European Union Regulation (EC) no. 261/2004
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