Terms & Conditions

Terms & Conditions

Subject of activities

SkyDelay Sp. z o. o. with its registered office in Gdynia, Poland is active in the field of purchase and
investigation its own name, claims relating to claims for compensation from carriers of
the aviation sector, based on Regulation (EC) No 261/2004 of the European Parliament and of the
Council and of the Council of 11 February 2004 establishing common rules on compensation and
assistance for passengers in the event of denied boarding or of cancellation or long delay of flights,
repealing Regulation (EEC) No 295/91 (hereinafter referred to as ‚the Regulation’).

Definitions

  1. Customer – a person with full legal capacity, as well as a person with limited legal capacity or
    without legal capacity and acting through his representative, who has a Claim against the Air
    Carrier and has accepted the terms of these regulations.
  2. Consumer – a natural person performing with SkyDelay Sp. z o. o. a legal transaction not
    directly related to its business or professional activity.
  3. Flight – a flight organised by the Air Carrier, in relation to which the Customer submits a claim
    against the Air Carrier.
  4. Main benefit – compensation payable under the provisions of Regulation 261/04, the flat rates
    of which are set out therein, and which, in certain cases, are due to air passengers for denied boarding, cancellation or delay of a flight.
  5. Additional services – all claims, with the exception of compensation payable under the
    provisions of Regulation 261/04, which air passengers are entitled to in connection with flight disruption as referred to in paragraph 4 of this paragraph.
  6. Partner – an entity cooperating with SkyDelay Sp. z o. o. through which SkyDelay Sp. z o. o.
    concludes Credit Transfer Agreements with Clients.
  7. Privacy Policy – a document specifying the principles of personal data processing by SkyDelay Sp. z o. o.
  8. Air carrier – a Community carrier departing from an airport located on the territory of a
    Member State or departing from a third country to a Member State and a carrier which is not a
    Community carrier but operates a flight from a Member State to a third country, which has a
    valid operating licence, operating or intending to operate under a contract with the passenger.
  9. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April
    2016 on the protection of individuals with regard to the processing of personal data
    i.on the free movement of such data and repealing Directive 95/46/EC (general data protection regulation).
  10. Claim – a claim by the Customer against the Air Carrier for payment of the Main Service
    and Additional Services, in accordance with national, Community and international laws on
    passenger rights that apply to Air Carriers.Regulation 261/04 – Regulation (EC) No 261/2004 of
    the European Parliament and of the Council of 11 February 2004 establishing common rules on
    the provision and assistance of passengers in the event of denied boarding or of cancellation or
    long delay of flights, and Regulation (EEC) No 295/91.
  11. Regulation 261/04 – Regulation (EC) No 261/2004 of
    the European Parliament and of the Council of 11 February 2004 establishing common rules on
    the provision and assistance of passengers in the event of denied boarding or of cancellation or
    long delay of flights, and Regulation (EEC) No 295/91.
  12. SkyDelay Sp. z o. o. – SkyDelay limited liability company with its registered office in Gdynia,
    ul. Mściwoja 10/6a, 81-361 Gdynia, Poland registered in the Register of Entrepreneurs
    maintained by the District Court Gdańsk-Północ in Gdańsk, Poland 8th Commercial Division of
    the National Court Register under KRS number 0000813284, NIP number: 5862350634 and
    REGON number: 384854368 share capital of PLN 5,000 paid in full.
  13. Credit Transfer Agreement – agreement concerning transfer to SkyDelay Sp. z o. o. The
    Customer’s claim against the Air Carrier
  14. Terms and Conditions – this document.

 

General provisions

  1. The Rules of Procedure shall determine in particular:
    1. technical requirements necessary to cooperate with the system used by SkyDelay Sp. z o. o;
    2. conditions for the conclusion and termination of Credit Transfer Agreements by electronic
      means;
    3. settlements between the parties.
  2. The regulations are available on the https://skydelay.eu/terms-and-conditions/ . The Client may view its content at any time, download it and make a printout.
  3. By entering into the Credit Transfer Agreement, the Client declares that he or she has read the
    Regulations and the Privacy Policy, accepts their contents and undertakes to abide by them.
  4. These Regulations are equivalent to the content of the Credit Transfer Agreement concluded by
    SkyDelay Sp. z o. o. with the Customer.
  5. The customer should have access to a computer workstation or terminal equipment at his
    disposal:

     

    1. access to the Internet;
    2. correctly configured with any web browser;
    3. an active and correctly configured e-mail account
  6. In order to enter into an agreement with SkyDelay Sp. z o. o. the Credit Transfer Agreement, the
    Client shall submit a notification using the form available on the https://skydelay.eu/ .
  7. The Client should provide in the application form all information concerning the Claim and
    attach in the form of a scan the documentation held.
  8. If a representative of the Client acts for the Client, he should additionally attach to the
    application form a scan of all documents confirming the existing relationship between those persons.
  9. By signing with SkyDelay Sp. z o. o. The Customer declares that:
    1. There are no obstacles to its conclusion,
    2. undertakes to provide all flight data on a voluntary basis and to deliver, at its own expense,
      to SkyDelay Sp. z o.o. the originals of the required flight documents within 14 days of the conclusion of the contract,
    3. all documents and information provided to SkyDelay Sp. z o. o. for the purpose of
      performing the contract are true and complete and it bears full responsibility in this respect,
    4. The claim covered by the agreement concluded with SkyDelay Sp. z o. o. is not subject to any other agreements concluded with other entities,
    5. he has a claim against the Air Carrier;
    6. The claim exists, is due and payable, is not subject to any statute of limitations and is free
      from legal charges and defects, and no legal provision or contractual provision precludes its disposal;
    7. on the date of conclusion of the Credit Transfer Agreement, it does not have any obligations
      towards the Air Carrier which could be subject to reciprocal deductions;
    8. did not sign up with the Air Carrier for an arbitration court or exclude the possibility of
      transferring the receivables;
    9. The claim shall not be subject to judicial proceedings or bailiff’s execution;
    10. undertakes to inform the Air Carrier that SkyDelay Sp. z o. o. is, on the basis of the Credit
      Transfer Agreement, the only entity entitled to receive the Service.
  10. SkyDelay Sp. z o. o. declares that:
    1. there are no circumstances that make it difficult or impossible to acquire a Claim for the
      amount specified in the Credit Transfer Agreement;
    2. undertakes to notify the Air Carrier of the transfer of the Claim.

 

Conditions of conclusion of Credit Transfer Agreements

  1. . After the Client submits a notification using the notification form, SkyDelay Sp. z o. o. will make an initial analysis of the case based on the information and documentation provided.
  2. SkyDelay Sp. z o. o. will inform the Client about the result of the preliminary analysis of the case and, on the basis of the presented facts, propose to conclude a Credit Transfer Agreement.
  3. In case of a negative result of the preliminary analysis of the case SkyDelay Sp. z o. o. reserves the right to refuse to conclude the agreement.
  4. The Agreement shall be deemed to have been concluded if the Customer, on the day of receiving the offer to conclude it, together with its terms and conditions, accepts it by signing it online by means of electro-technical mail. This is tantamount to the Customer’s acceptance of the terms and conditions of the Terms and Conditions, the Warranty Policy and the concluded Credit Transfer Agreement.
  5. By concluding the Credit Transfer Agreement, the Customer transfers to SkyDelay Sp. z o.o. all the receivables due to him/her under the Claim for remuneration.
 

Settlements

  1. The purchase price of the receivables, if the Main Benefit is effectively obtained, shall be as follows:
    1. in case the Claim is 250 € – 187.50 €;
    2. where the Claim is €400 – €300;
    3. where the Claim is 600 € – 450 €.
  2. If the Additional Benefits are effectively obtained, the purchase price of the receivables will be increased by additional 25% of the value of all Additional Benefits obtained.
  3. If the Customer has concluded an agreement with SkyDelay Sp. z o. o. through a Partner, the amounts indicated in paragraph 1 of this paragraph shall be reduced by €25.
  4. In the event of a 50% reduction of a Claim due pursuant to Article 7(2) of the Regulation, the amounts indicated in paragraph 1, after taking into account any changes resulting from paragraph 2 of this paragraph, shall also be reduced by 50%,
  5. In the event of the failure of actions aimed at enforcing the Claim, the purchase price of the claim shall be PLN 1 gross. The term „failure” shall be understood as any decision of the relevant authorities or an event preventing the granting or exercise of the Claim. In such case, paragraphs 2 and 3 of this paragraph shall not apply.
  6. payment of the purchase price of the receivables shall be made to the Customer’s bank account within 14 working days from the date of crediting the SkyDelay Sp. z o.o. account with the benefit.
  7. In case of payment by the Air Carrier to the Customer instead of SkyDelay Sp. z o. o. The Customer undertakes to immediately transfer the received amount to SkyDelay Sp. z o. o. Upon receipt of the entire receivable SkyDelay Sp. z o. o. shall pay the purchase price to the Customer in accordance with paragraphs 1 and 2 of this paragraph.
 

Termination and withdrawal

  1. If the Customer submits false data or information to SkyDelay Sp. z o. o., SkyDelay Sp. z o. o.
    will be entitled to terminate the agreement with immediate effect. As a result of the termination
    of the agreement, in accordance with the procedure indicated above, SkyDelay Sp. z o. o.
    undertakes to make a return transfer of receivables to the following
    The Customer undertakes to return the entire purchase price of the debt to the bank account of
    SkyDelay Sp. z o. o. pro-enforcement by ING Bank Śląski S.A. with the following number:
    PL86 1050 1764 1000 0090 3207 1251, BIC/ Swift: INGBPLPW, within 7 days from the date
    of termination.
  2. SkyDelay Sp. z o. o. informs that a Customer who is a Consumer, who has concluded an
    agreement outside the company’s premises, may withdraw from it without giving any reasons,
    making a relevant statement in electronic form and sending it to the e-mail address
    info@skydelay.pl in 14 (in words: fourteen) days from concluding the agreement. In such a case, paragraph 1 of this paragraph shall apply.
  3. If the Consumer uses the option of informing SkyDelay Sp. z o. o. about the withdrawal from
    the contract by e-mail or other form of electronic communication, SkyDelay Sp. z o. o. shall
    immediately send the Customer a confirmation of receipt of the withdrawal from the contract
    on a durable medium (for example by e-mail).

 

Final provisions

  1. In matters not covered by the rules of procedure, the provisions of the generally applicable law
    shall apply.
  2. In the event that any provision of the Rules of Procedure is or becomes invalid, unlawful or
    unenforceable, this circumstance shall not affect the validity of the remaining provisions in any way and under any circumstances.
  3. Any disputes related to the regulations or concluded agreements shall be settled by the court having jurisdiction over the registered office of SkyDelay Sp. z o. o.
  4. Any disputes arising under these regulations or concluded agreements may also be resolved by
    the http://ec.europa.eu/consumers/odr/ internet platform.
  5. These Rules of Procedure shall form an integral part of the agreement.
  6. The method of processing the Client’s personal data by SkyDelay Sp. z o. o. is specified in the
    Privacy Policy, available on the https://skydelay.eu/privacy-policy/.
  7. The Rules of Procedure shall enter into force on 2 March 2020