Delayed Flights & Cancelled Flights Terms & Conditions

In these Terms:

• “we” “our” and “us” refers to Direct Redress Limited. We set out our contact details in section 14.
• “you” and “your” refers to any person who has accepted these Terms.

Definitions

• Claim – a claim for flight delay compensation with the airline(s).
• Cooling Off Period – is the 14 day period following submission of your online application where you are able to cancel your contract with Direct Redress Limited without any financial penalty.
• Airline – the air carrier your flight was booked with.
• Services – are the services we will undertake (including the submission of a Letter of Authority or Claim to the airline).
• Agent – is someone who deals with the airline on your behalf.

1. The Contract
1.1 A contract will be created upon safe receipt by us of your application following your online submission where you have confirmed you have read and agreed to our Terms.
1.2 Direct Redress Limited shall take over the claim for compensation (where applicable also further claims) against airlines that you may be entitled to under the EU’s Air Passenger Rights Regulation No. 261/2004 or the British Air Passenger Rights and Air Travel Organiser’s Licencing (Amendment) (EU Exit) Regulations 2019 (herein referred to as ‘Claim’) in accordance with these Terms.
1.3 For the purpose of enforcing your Claim, after we have agreed to take over the enforcement of your claim(s) for compensation, you shall either irrevocably assign your Claim to us on trust and authorise us to enforce the Claim under your name (hereafter referred to as ‘Assignment Process’) or authorise us to enforce the Claim in and under your name (hereafter referred to as ‘Authorisation Process’).
1.4 Direct Redress Limited shall seek to enforce the Claim against the airline out of court and shall obtain the relevant information required for this purpose (including information from the airline).
1.5 If Direct Redress Limited’s endeavours to enforce the Claim are insufficient we may engage or contact a contract lawyer to enforce the Claim with your permission to refer the case.
1.6 The presentation of the services provided by Direct Redress Limited on our website www.directredress.com shall not constitute a binding offer for the conclusion of the contract.
1.7 You are engaging our services after having completed our online assessment on our website.
By clicking on the form completion button you are submitting a binding offer for the conclusion of a remunerated representation agreement pertaining to the enforcement of the Claim, including any incidental claims. We accept your offer via our explicit declaration (eg by email) or via the enforcement of the compensation claim against the airline(s).
1.8 The data requested during your application shall be submitted fully and correctly. If the data provided changes after your submission, or if you notice that you have submitted incorrect data, please notify us without delay. This applies in particular to the data you provide with respect to your flight details, address, phone number and email address.
1.9 Following an application completion your Claim will be reviewed by a Direct Redress Claim Specialist.
1.10 We will submit your Claim to the airline(s) if it satisfies our initial assessment. Our submission of your Claim is not a guarantee of compensation or a specific compensation amount.
1.11 If we decide not to submit your Claim, we may email or write to you and inform you of our decision. A decision not to submit your Claim is not indicative of any potential outcome should you choose to submit it independently.
2. Fees
2.1 You shall pay fees to Direct Redress Limited in the amount of the agreed percentage of the enforced Claim plus statutory VAT.
2.2 We work on a No Win, No Fee basis. If we succeed in enforcing your claim without the involvement of a contract lawyer, you will be charged at the rate of 25%+VAT of the total amount of compensation awarded. For example if an award of £1000 in compensation is made our fee will be £250 + £50 VAT and the amount due to the client would be £700.
2.3 If we are unsuccessful in enforcing your claim without the involvement of a contact lawyer, the relevant percentage/fee charged by said lawyer will apply, should you choose to appeal your case through the Courts. You will not be charged any fees by Direct Redress Limited in this eventuality.
2.4 The calculation of the fees is based on all payments made by the airline(s) after Direct Redress Limited has sent it’s payment request.
2.5 Our full fee is payable regardless of the airline’s refund method (eg cash/cheque/bank transfer or payment in kind such as travel vouchers).
2.6 If the airline(s) send the compensation payment directly to us we will deduct our Fees and send you a cheque for the balance of your refund to the address provided in your application.
2.7 If the airline(s) send the compensation payment directly to you or a third party, we will send you an invoice for our Fees, which is payable within 14 days of receipt of your refund payment from the airline.
2.8 In the event the airline(s) make payment directly to you, Direct Redress Limited must be notified immediately. In case of failure to comply with this stipulation, any expenses incurred for the collection of the funds owed to Direct Redress Limited will be charged to the client, including (but not limited to) a charge of £15 per Accounts letter issued
2.9 Should Direct Redress Limited only enforce part of the Claim, we will calculate our fee based only on the percentage of the Claim enforced by us (for example if you pursue a claim for incurred refreshment costs separately with the airline).
2.10 Fees will still apply to any Claim that has concluded and resulted in a compensation payment should a cancellation or termination instruction be received after the date of offer by the airline(s).
2.11 Fees will still apply to any Claim that has concluded and resulted in a compensation payment as a direct result of, but not included within, our original complaint.
3. Your Acknowledgements and Responsibilities
3.1 You acknowledge that at the time of entering and for the duration of the Contract with us:
i. You wish for us to perform the Services as detailed in your application.
ii. You are not aware of any reason you cannot enter the Contract with Direct Redress Limited.
iii. All information you provide to us is true, accurate, and complete.
iv. By signing the application, you consent to our pursuit of your Claim.
3.2 If any of your personal details change, you must inform us without undue delay. You acknowledge that failing to do so may affect your compensation award or our ability to make payments to you. Any delay in doing so may result in a delay in our ability to pay sums to you.
3.3 We ask that you provide any and all relevant information we may request without delay, including proofs of identity and address should they be required.
3.4 You may adversely affect or delay your Claim by attempting to appoint another Agent to act on your behalf or by contacting the airline(s) directly to request any compensation related to your Claim. Our full fee will apply where an offer of redress has already been made.
3.5 You must provide honest, accurate and correct details of your circumstances and any information with regard the reason for the flight delay.
3.6 You accept that you may have to pay back any money received where the claim was based on incorrect information provided by you. If that happens, you will have no right to claim back any money from Direct Redress, including our fee, unless we have made an error too.
3.7 You accept that as part of providing our service we will carry out all relevant anti money laundering checks on you, as required by law.
3.8 You are obliged to notify us promptly if you (and/or any fellow travellers registered by you) receive any payments from the airline(s) or if the airline(s) contact you.
3.9 Before engaging the services of Direct Redress Limited you have not made the Claim previously yourself, or have engaged a different third party to enforce this Claim.
3.10 Should your case be rejected and you choose to refer the matter to a contract lawyer, you also undertake to answer directly any further questions the contract lawyer may have with regard to the facts of the matter.
4. Our Responsibilities
4.1 We will assess your claim and, if appropriate, pursue a claim for the compensation on your behalf.
4.2 We will not pursue your claim if our assessment deems it to be invalid. For example, if the flight arrival time was not delayed by the minimum required 3 hours.
4.3 We will deal with all aspects of your Claim including all correspondence. On occasion it may be necessary for us to obtain further signed documentation from you to make this possible.
4.4 We will inform you of all and any offers of compensation that we receive.
4.5 We will always act in your best interests when pursuing your claim with reasonable care and skill.
4.6 In the event that your claim is rejected we will, with your consent, refer your claim to the appropriate governing body for review.
4.7 We may undertake financial crime checks relating to you or your Claim. If you or your Claim fail any such check, we may seek more information from you. We may be unable to perform the Services until you successfully pass these checks.
4.8 We take no responsibility to return documents that you submit in support of your Claim. Please send photocopies only and refrain from sending original pieces of correspondence. Refer to our Data Retention Policy for more information on how we will process your documents.
4.9 In general, as a legal service provider, we are not permitted to represent you in competent civil courts. Should our out of court endeavours to enforce your Claim fail either entirely or partially, we may refer you and your case (including access to the relevant documents and information) to a contract lawyer but only with your express permission. Should your case be referred you also undertake to answer directly any further questions the contract lawyer may have with regard to the facts of the matter.
5. Settlements
5.1 The conclusion of any settlement agreement requires your consent. Without prejudice to the above, you also grant Direct Redress Limited the authority to conclude settlement agreements. In this case, settlements concluded in the context of this authorisation do not require any further consent. We shall also be entitled to reject any settlement without consulting you if the airline offers you less than 80% of the compensation amount or only offers vouchers instead of cash.
6. Data Protection
6.1 Information and documentation you provide to us to enable us to perform the Services may constitute personal data under the Data Protection Act 2018 and UK GDPR. We will comply with the law as applicable.
6.2 We may pass your personal data to the airline(s) and/or regulatory body to perform the Services or to the extent we are legally obliged to do so.
6.3 We refer you to our Privacy Policy on the Website, in which we set out how we process your personal data, and how you may contact us regarding our processing.
7. Cancellation and Termination
7.1 You have the right to cancel the Contract in any circumstances without any penalty or fees during the 14 day Cooling-Off Period, starting on the date the contract commenced.
7.2 If you request to cancel the Contract after the Cooling-Off Period, we will terminate the Contract providing no offer of refund has been issued or received. You may be charged a cancellation fee, the amount of which will be subject to the amount of administration and man hours that have been dedicated to your case to the point of cancellation, for work conducted to the point where a claim is cancelled after the 14 Day Cooling Off Period but before your claim(s) with the airline(s) have concluded. Any claim cancelled after the date of offer from the airline(s) will be subject to our full fee on the amount awarded.
7.3 Any request to cancel or terminate the contract must be made either in writing and sent to us or by email to clients@directredress.com
7.4 We reserve the right to terminate the Contract at any time by giving you notice in writing, if:
i. We discover or reasonably believe that you are using the Services fraudulently or with the intent to commit fraud or any other illegal activity.
ii. We discover or reasonably believe that a court in England or any other part of the United Kingdom has convicted you of a crime other than a motoring offence.
iii. We discover that you have breached any of the Terms of the Contract.
iv. You fail a financial crime check that we may perform on you or your Claim.
v. You refuse to assist us in performing the Services whether or not this constitutes a breach of section 3.
vi. You threaten or abuse any member or associate of Direct Redress Limited.
8. Term of the Contract
8.1 The contract between you and Direct Redress Limited shall expire once the Claim has been settled or if Direct Redress Limited rejects your case following the initial assessment and has notified you of this fact.
8.2 In addition the contract may be terminated by either party at any time, as detailed in Section 7.
9. Survival Clauses
9.1 Each of the paragraphs in these Terms operates independently. If a court or relevant authority deems any of them unlawful, the remaining clauses will remain in full force and effect.
9.2 Paragraphs that survive termination of the Contract: 3 (Letter of Authority), 6 (Fees), 7 (Liability), 8 (Data Protection), 10 (Survival Clauses), 11 (Entire Agreement), 12 (Jurisdiction) and 13 (Complaints and Your Legal Rights) survive the termination of the Contract for whatever reason. The termination of the Contract does not prejudice any rights or remedies that were available to either party prior to the termination of the Contract.
10. Entire Agreement
10.1 These Terms constitute the entire agreement between the parties and supersede all previous versions, as well as any other written or oral agreements, arrangements, and understandings regarding their subject matter.
10.2 If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we ever do actually waive our rights because you have or haven’t done something, we will only ever do this in writing (and that does not mean that we will automatically waive our rights if you do something wrong later).
11. Jurisdiction
11.1 These Terms and the Contract are governed by English law. Both parties agree to submit to the exclusive jurisdiction of the English courts.
12. Complaints and Your Legal Rights
12.1 Nothing in these Terms will affect your consumer rights. You can contact your local Citizens’ Advice Bureau or the Trading Standards’ office for further information about your consumer rights.
12.2 If you are unhappy with the Services, you have the right to make a complaint. Please see Clause 13 for our contact details.
13. Our Contact Details
13.1 If you wish to contact us, or exercise your rights or obligations under these Terms to provide us with written notice, you can contact us by e-mail at clients@directredress.com, or by post to Direct Redress Limited at Booths Park 5, Booths Park, Chelford Road, Knutsford, Cheshire, WA16 8GS.
13.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in the Application (or any other address you subsequently provide to us).
14. Refer a Friend
14.1 Refer a Friend is only open to UK residents aged 18 or over.
14.2 By Referring a Friend you (the referrer) agree to be bound by these Terms and Conditions.
14.3 How to Enter: The Referrer must supply the contact name and a valid mobile number and/or email address of their friend or colleague to Direct Redress either by email or SMS.
14.4 Referrers will receive a cheque payment of £20 for each new friend they refer to Direct Redress where a valid Flight Delay claim is submitted and a minimum refund of £220 is issued by the airline.
14.5 The individual referred must be a new contact to Direct Redress Limited. If they are already an existing Direct Redress Limited client no referral payment will be made.
14.6 If the individual is referred by two different referrers, only one payment will be made to whomever made the first referral, as recorded by Direct Redress.
14.7 Referral payments will be made in relation to Flight Delay claim filed by the person referred within four weeks of the claim completion and redress issued by the airline.
14.8 All referrer cheque payments will be issued to the address registered with Direct Redress. We do not accept responsibility for the loss of payment or for any delays caused by a change of address that has not been notified to us. It is at our discretion as to whether a further cheque will be sent to the new address under these circumstances.
14.9 Direct Redress reserve the right to disqualify referrers whom we consider to have not complied with these Terms.
14.10 Direct Redress shall have the right, where necessary, to undertake any action that is reasonable to protect itself against fraudulent or invalid claims including, without limitation, to require further verification as to the identity, age and any other relevant details of the claimant.
14.11 The person referred by the referrer must be a genuine friend or colleague. Any referral(s) made which is deemed to not be in the spirit of the Refer a Friend scheme will be disqualified and any reward payment will be void. This includes referrals made via consumer groups, third parties, syndicates, applications by macros or other automated means (such as computer(s) to circumvent this condition by, for example, the use of script, manipulation of IP addresses or the use of identities other than their own).
14.12 Our decision in this case is final and no further correspondence will be entered into following this.
14.13 Direct Redress will only use the personal information supplied by the referrer for the administration of the Refer a Friend scheme.
14.14 By entering the Refer a Friend scheme, you (the referrer) agree to release Direct Redress from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Refer a Friend scheme.