Terms and Conditions

These terms explain how we work together when we help you claim the money an airline owes you. They make up the agreement between you and FlyCompensations Ltd (company registration number 21905976, tax ID 113643348), the company behind the FlyPayout service at flypayout.com. Wherever we write “we”, “us” or “our”, we mean FlyCompensations Ltd; wherever we write “you” or “your”, we mean you, our client. By signing the Assignment Agreement or the Power of Attorney, you agree to these terms and to our Privacy Policy.

1. The words we use

A few terms come up throughout these terms. Here is what each of them means:

Air Passenger Rights Regulations. Any national or international rule (including any law, regulation, directive or convention) that gives passengers a right to compensation or assistance when they are denied boarding, their flight is cancelled or delayed, they cannot fly or their flight is disrupted, or their baggage is lost or damaged. This includes, but is not limited to, Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004, the Air Passenger Rights and Air Travel Organisers Licensing (Amendment) (EU Exit) Regulations 2019, the Turkish SHY Passenger Regulation, the Air Passenger Protection Regulations under the Canada Transportation Act, the Montreal Convention of 1999, the Multilateral Agreement on the Establishment of a European Common Aviation Area (the ECAA Agreement), and the applicable air-traffic legislation of the Republic of Serbia, Montenegro, Bosnia and Herzegovina, Albania and North Macedonia.

Compensation. The total amount of money owed by, or paid by, an airline or any other Debtor in connection with a flight, whether paid as compensation, as a settlement or as a gesture of goodwill, under or in connection with the Air Passenger Rights Regulations. It does not cover court fees, collection costs, interest or similar amounts that we have already incurred or that arise from our involvement.

Claim. Any request we put to an airline or any other Debtor in order to obtain Compensation.

Debtor. Air carrier, the charterer, the tour operator, or anyone else who may owe you something because of the flight disruption. Wherever these terms mention the airline, that also means any other Debtor where it is relevant.

Eligibility. Your meeting of the conditions under the Air Passenger Rights Regulations that give you a right to Compensation.

Client. You, the person entitled to receive Compensation from an airline in connection with a flight.

Assignment of Claim. Your transfer to us of the right to request and receive the Compensation under the Air Passenger Rights Regulations.

Assignment Agreement. The document you sign to accept our Terms and Conditions and Privacy Policy and to transfer ownership of your claim to us.

Power of Attorney for Claim. The arrangement under which you authorise us to act on your behalf to obtain Compensation.

Power of Attorney. The document you sign to accept our Terms and Conditions and Privacy Policy and to authorise us to act on your behalf to obtain Compensation.

Agreement. Either an Assignment of Claim or a Power of Attorney for Claim.

Legal Proceedings. Proceedings brought before a court in order to obtain Compensation.

2. What you and we agree to

2.1 When you accept these terms and sign the Assignment Agreement and/or the Power of Attorney, you are offering to enter into one of two arrangements with us:

(a) an Assignment of Claim, under which you hand us the right to claim your Compensation under Regulation (EC) No 261/2004 or any other national or international rule that sets common standards for passenger compensation and assistance in cases of denied boarding, cancellation or long delay, where you could not fly or your flight was disrupted, plus any money owed for lost or damaged baggage. We then do our best to recover that Compensation in our own name, going to court if we have to; or

(b) a Power of Attorney for Claim, under which you authorise us to take every step needed, on the same basis as in 2.1(a), to obtain the Compensation on your behalf.

2.2 It is up to us which of the two we use, case by case, depending on our experience and the law that applies. The Agreement is in place the moment we start acting on it, either by approaching the airline in our own name with the Assignment Agreement, or by approaching it on your behalf with the Power of Attorney.

2.3 Either way, once we recover the Compensation we pass your share on to you, as set out in section 4.

3. How the whole thing works

Checking your flight

3.1 You start by filling in the form at flypayout.com and giving us the flight details we ask for. We check your eligibility straight away, using what you tell us together with the flight data available to us.

3.2 If you do not qualify, or the details you gave are incomplete or wrong, we let you know. Our Terms and Conditions and Privacy Policy are shown to you during the process, and you confirm that you agree with them by ticking the relevant box before you sign.

Signing up

3.3 At the end of the form on flypayout.com you sign the Agreement (the Assignment Agreement and, where it applies, the Power of Attorney). Ticking the box to confirm you agree with our Terms and Conditions and Privacy Policy and then signing the Agreement is your offer to enter into the Agreement and your acceptance of these terms.

3.4 By making that offer, you confirm that you are allowed and legally able to sign, whether for yourself or for someone you represent, such as your child.

3.5 By signing the Agreement, you confirm and guarantee that:

(a) you own the claim and have not handed it to anyone else;

(b) no other agreement is in place over the Compensation; and

(c) no dispute over the Compensation is already underway.

3.6 You understand that, once the Agreement is in place, you can no longer use another company, agency or lawyer to chase the Compensation, and cannot deal with the airline yourself. By signing, you confirm that you will not contact the airline directly or take any payment from it.

3.7 You agree to give us, whenever we ask, any further information about the flight, your tickets, the booking or anything else that could affect the claim.

3.8 We only accept money on your behalf. We do not have to take vouchers or any other service an airline might offer instead.

Going after your money

3.9 Once the Agreement is in place, we put one or more Claims to the airline and try to settle the matter amicably.

3.10 If the airline turns the Claim down after we have negotiated, we decide whether to take it to court through Legal Proceedings. We may also go to court in other situations where we think it is the quicker or more effective way to recover your Compensation.

3.11 If we do start Legal Proceedings, you owe nothing toward the costs should the case fail. If the case is won or settled, we cover the legal costs that the airline does not. And if the Compensation is recovered, you agree that any recoverable costs we incurred are ours.

3.12 While a case is running, the lawyer we appoint may access the information needed to support your Claim.

3.13 If, after reviewing the Claim, that lawyer considers the chances in court to be low, we tell you and stop work on it. The rights to the claim then return to you automatically, with no extra paperwork needed.

3.14 You understand that handling a Claim can take a long time, and that we cannot control how quickly an airline or any other Debtor replies, or how fast a Claim is resolved. We do not promise any particular deadline for resolving a Claim or recovering your Compensation.

4. Our fee and how you get paid

4.1 Compensation here means the total amount of money paid by the airline or any other Debtor, to you or to us, whether as compensation, settlement or a gesture of goodwill, as a result of what we have done. It does not cover court fees, collection costs, interest or similar amounts we already incurred or that arise from our involvement.

Our fee

4.2 You pay us nothing until the Compensation is actually recovered from the airline.

4.3 If we obtain the Compensation, our fee is 35% of it, with any applicable taxes (including VAT, where it applies) already included.

4.4 Our fee goes up if the claim has to go through Legal Proceedings, either because no deal is reached with the airline, or because we judge that going to court is the more efficient or faster route. In that case the fee is 50% of the Compensation, again with any applicable taxes (including VAT, where it applies) already included.

Paying you

4.6 We pay you your share, that is, the Compensation minus our fee, only after we have confirmed that the amount received from the airline is the Compensation due for your flight. If the airline’s payment details are not clear enough to identify it, we go back to the airline for clarification.

4.7 We will get in touch within 30 days to ask for your bank details, using the contact information you gave us.

4.8 Once we have your complete and correct bank details (including your name and IBAN), we pay you within 30 days. The amount you receive is the Compensation minus our agreed fee. You cannot give us someone else’s bank details, because anti-money-laundering rules mean we cannot pay a different beneficiary. If the details you give are wrong or incomplete, we let you know within 30 days.

4.9 We pay in the same currency we received from the airline. If you do not hold an account in that currency, we pay in the currency you choose, converted at the official National Bank of Serbia rate for the day of the transfer or the day before. Any bank charges, transfer fees, currency-conversion costs or other costs of paying you are yours, and we deduct them from your share of the Compensation.

4.10 If you do not give us correct and complete bank details within three months of our request, we are not responsible for any delay or for being unable to pay. After three months we keep the full amount recovered and owe you nothing further.

One more thing

4.11 If you deliberately give us wrong or incomplete information and we run up extra costs because of it, you have to reimburse those costs.

5. What each of us is responsible for

Your side

5.1 You may use flypayout.com and enter into an Agreement with us, as long as you are eligible.

5.2 You may ask us for regular updates on your claim and for an explanation of any part of the process.

5.3 When we ask, you give us within 30 days any further information about the flight, tickets, booking or other details needed to recover the Compensation.

5.4 When your first Claim is created, we set up a personal account for you and send a first password to your email, which you can change at any time. From your account you can follow the status of your Claim whenever you like and add new Claims.

5.5 Once you have signed the Agreement, you do not use any other company, agency or lawyer for the same Compensation, and you do not contact the airline yourself.

5.6 You tell us within 5 business days if the airline sends you anything or offers you anything about the Compensation. If you do not, you may lose your right to be paid.

Our side

5.7 We may turn down claims that are not eligible.

5.8 We may decide our own approach to negotiating or going to court, and we are not obliged to accept any airline offer we think is unfair.

5.9 We make reasonable efforts to recover your Compensation, including going to court where that is needed.

5.10 We may stop working to recover the Compensation if you give us false, incomplete or inaccurate information, or if there are signs of fraud.

5.11 We keep the right to recover our costs from you if the claim had already been assigned elsewhere, or if you had already been paid directly and did not tell us.

6. Your personal data

6.1 We handle your personal data in line with data-protection law and with our Privacy Policy.

7. Ending the Agreement

7.1 The Agreement comes to an end once your agreed share of the Compensation has been transferred to you.

If you change your mind

7.2 If you are a consumer under the law that applies, you may withdraw from this contract within 14 days of entering into it, without giving any reason.

7.3 That 14-day window runs out 14 days after the contract is concluded.

7.4 To withdraw, send us a clear statement at support@flypayout.com before the 14 days are up.

7.5 You can no longer withdraw once we have fully performed the contract before the 14 days are up.

If we end it

7.6 We may end the Agreement on our own if:

(a) you give false or incomplete information that affects the recovery;

(b) you do not respond within 30 days to a request for documents;

(c) you deal directly with the airline, or bring in someone else, after signing the assignment; or

(d) there is reasonable suspicion of fraud or forged documents.

7.7 If we end the Agreement because of something you did, you are not entitled to any Compensation, and we may ask you to reimburse the costs we incurred.

7.8 If we stop pursuing the Compensation for reasons that are not your fault (for example low chances of success or an unfavourable court ruling), we tell you and the Agreement ends automatically.

Events beyond anyone’s control

7.9 Neither of us is liable for failing to meet an obligation when the cause is a force majeure event, including but not limited to war, a pandemic, a cyberattack, an earthquake, a flood or another natural disaster.

7.10 If such an event lasts more than 60 days in a row, either of us may end the Agreement with no further obligations.

8. The limits of our responsibility

8.1 We draw on many sources of information and data to provide our service, and although we work to keep them accurate, gaps or errors can happen. Our service is provided “as is”.

8.2 We give no warranties, whether express or implied, including any implied warranty of merchantability, non-infringement, accuracy or fitness for a particular purpose. We do not guarantee that using our service will result in compensation, will meet all your expectations, or will be free of viruses or other harmful components, timely, uninterrupted, accurate, complete or reliable.

8.3 You use our service at your own risk. To the fullest extent the law allows, neither we nor our affiliates are liable for any direct, indirect, punitive, incidental, special or consequential damages, or any loss of revenue or profit, arising out of or related to (i) our service; (ii) any delay in or inability to access it; (iii) any virus, bug, trojan, software, or third-party website or service reached through it; or (iv) any other matter connected with it, whether the claim is based on contract, tort, strict liability or anything else, and even if we, our affiliates or our providers had been warned that such damage was possible.

8.4 Nothing in these terms takes away or limits any liability that the law does not allow us to take away or limit, including liability for intent or gross negligence, and any rights you have as a consumer under mandatory law.

9. Recommending a friend

9.1 We run a referral program that lets existing clients and other individuals (“Participants”) earn a reward for recommending our service.

9.2 Each Participant gets a unique referral code, a personal link and/or a QR code to pass on to others.

9.3 When someone (a “Referred” person) submits a valid Request using a Participant’s code or link, we record the link between them. That link cannot afterwards be changed or moved to another Participant.

9.4 The reward is a fixed 10 EUR for each valid referral we successfully resolve. A valid referral means one unique booking code (PNR), whatever the number of passengers on it or the number of requests that refer to it; only one reward is paid per PNR. A Participant cannot earn a reward by referring themselves, or by referring people on the same booking as their own.

9.5 We pay the reward only once:

(a) the Referred person’s Request has been resolved in their favour and we have collected the Compensation; and

(b) the Participant has given us correct and complete bank details for the transfer.

9.6 We pay the reward within 30 days of both of those conditions being met.

9.7 A Participant must use the referral code only for lawful purposes and must not engage in abusive practices, including but not limited to:

(a) sending spam or misleading advertising;

(b) creating multiple accounts, or using their own data including alternative email addresses, to refer themselves;

(c) referring people on the same booking in order to collect several rewards;

(d) using false data, documents or made-up identities for Referred people;

(e) splitting one booking into several Requests to generate extra rewards; or

(f) using automated tools, scripts or other technical means of fraud.

9.8 We will record links correctly and pay according to this section.

9.9 We may refuse or withdraw a reward in cases of fraud, abusive use of referral codes, attempts to manipulate the program, or any breach of the obligations in 9.7.

9.10 We may change, suspend or end the referral program at any time. Doing so will not affect rewards Participants have already earned for Referred Requests successfully resolved before the change.

9.11 Participants who want to promote our service on a larger scale (including through online platforms, agencies or partner networks) may be given access to a separate affiliate program. The terms of that program, including the parties’ rights and obligations, payment and remuneration, are set in separate contracts and are not governed by these terms.

9.12 This section is otherwise supplemented by the general provisions of these terms.

10. Working with partners

10.1 We may enter into arrangements with Partners, including but not limited to affiliates, travel agencies, legal partners or other businesses, for commercial, promotional, legal or technical-support purposes.

10.2 Our relationships with Partners are not governed by these terms but by separate contracts between us and the Partner concerned.

10.3 Anything published on flypayout.com about affiliate programs or B2B and/or legal partnerships is for information only and is not an offer, recommendation or commitment from us until a separate contract is signed.

10.4 We may change, suspend or end at any time the affiliate programs, legal partnerships or B2B arrangements shown on the website, without affecting contracts already in place with Partners.

11. Changes to these terms

11.1 We may update these terms on flypayout.com at any time, and we do not have to notify you of changes published there. Your Agreement is governed by the version of these terms that was in force when you concluded it, and later changes do not apply to your existing Agreement.

11.2 Where a change would narrow your rights, or a Participant’s rights, under an Agreement already in place, it applies to you only after we have notified you and you have accepted it. If you do not accept, you may end the Agreement.

12. The legal essentials

12.1 These terms, and any dispute or claim arising out of or connected with them, are governed by and interpreted under the laws of the Republic of Serbia.

12.2 Any dispute concerning these terms is decided by the competent national courts of the Republic of Serbia, except where mandatory rules of exclusive jurisdiction say otherwise. If you are a consumer, you may also pursue out-of-court resolution of a consumer dispute before a body entered in the register of bodies for out-of-court resolution of consumer disputes, and we take part in those proceedings where the law requires it.

12.3 If any provision of these terms turns out to be illegal, invalid or unenforceable, the rest stay in full force. A provision that is only partly affected stays in force for the part that is not, and any affected provision is replaced by a valid, enforceable one that comes as close as possible to the original intention.

12.4 We may publish these terms in more than one language. If the versions differ, the English version applies, except where the mandatory consumer-protection law of the country you live in requires the local-language version to apply.