SkyAid OÜ — Terms & Conditions

Parties & Agreement

SkyAid OÜ (“SkyAid”, “we”, “us”) operates the SkyAid platform. These Terms are a binding agreement between SkyAid and each passenger whose claim is submitted (“you”). Each passenger signs their own documents. A parent or guardian who submits a claim for a child accepts these Terms on the child’s behalf.

Before you sign, we show you a one-page summary of the main terms, the fees, your right of withdrawal and the withdrawal form. You enter the agreement by clicking the button marked “Sign and agree to pay a fee if we win”. The assignment of your claim takes effect when you sign the Assignment of Claim (the “Deed”).

Our documents apply in this order: the Deed on the transfer of the claim; the Power of Attorney on acting in your name; these Terms on everything else; and the Privacy Policy on personal data.

1. Services

We assess, pursue and collect compensation claims arising from flight disruptions under Regulation (EC) No 261/2004 (EU261), UK261, the Montreal Convention 1999, Turkey SHY-YOLCU, Serbia ECAA, Canada APPR, Brazil ANAC Resolution 400 and other air-passenger-rights rules (“the Frameworks”). This includes claim assessment, evidence review, correspondence and negotiation with airlines, complaints to authorities, court proceedings where appropriate, and payment of your share.

2. Assignment, Representation & Settlement

2.1 Assignment of Claim (Cessio)

By signing the Deed you assign to SkyAid ownership of the claims described in 2.2, under the Estonian Law of Obligations Act § 164 et seq. Between you and SkyAid, the assignment is effective whether or not an airline accepts it.

2.2 Scope

The assignment covers every financial claim arising from the disrupted flight or journey named in the Deed, under any Framework or applicable national law, including fixed compensation, refunds and reimbursement of expenses, damages for delay and for loss of, damage to or delay of baggage under the Montreal Convention, interest, costs, and any payment or settlement the airline makes in connection with the disruption.

It does not cover: claims for death or bodily injury, which SkyAid handles only under a separate agreement; or rights personal to you, such as care and assistance, re-routing, and your rights as a data subject. You authorise SkyAid to exercise your right of access to the airline’s data about you for the purpose of the claim (2.4).

2.3 Acting in Our Name or Yours

SkyAid pursues the claim in its own name as owner. Where a court or authority requires the claim to be brought by the passenger, SkyAid may do so in your name under your Power of Attorney, for SkyAid’s account. If SkyAid tells you in writing that the assignment is not effective under the law that governs the claim, it pursues the claim as your representative on these same Terms and fees, and clause 2.10 governs settlement.

You agree to sign any further document reasonably needed for this, including a notarised power of attorney where a court requires one. SkyAid pays the cost.

2.4 Authorisation

You authorise SkyAid to take every step needed to pursue and collect the claim, including:

• sending claim letters, formal notices and legal correspondence in your name or ours;
• requesting your personal data from the airline under Article 15 GDPR and equivalent laws, for the purpose of the claim;
• filing complaints with national enforcement bodies, alternative dispute resolution bodies, aviation authorities and consumer regulators;
• receiving recovered money;
• appointing and instructing lawyers and other representatives.

2.5 Settlement of Assigned Claims

SkyAid acts with professional care and in good faith, and aims to recover the full amount.

• SkyAid may accept, without consulting you, any cash offer of at least 70% of the fixed compensation, or for Montreal Convention amounts at least 70% of the documented loss.
• For a lower offer, SkyAid tells you the amount, its reasons and what you would give up. Unless you object within 7 days, SkyAid may accept it. If you object, SkyAid either continues the claim or gives it back to you under 2.7.
• SkyAid accepts vouchers, miles or other non-cash settlements only with your consent.
• Where SkyAid settles several claims with one airline together, your claim is valued and paid on its own merits.
• SkyAid is not obliged to start court proceedings. If it decides not to, it tells you in writing with the reason.

SkyAid tells you in writing within 14 days of each settlement: the amount accepted, the amount received, our fee and your share.

2.6 Payments Made to You by the Airline

2.7 Giving the Claim Back (Reversion)

If SkyAid decides not to pursue a claim further, it tells you in writing with the reason, and all assigned rights return to you at no cost. SkyAid gives this notice in good time, and at the latest 90 days before the earliest time limit for the claim that SkyAid, taking the care in 5A.1, should have identified; the notice states that date.

The notice includes a signed re-assignment of the claim, and SkyAid informs the airline of it on request. Within 14 days SkyAid sends you all documents and correspondence about the claim. No fee is owed on a reverted claim.

2.8 Your Warranty

You confirm that: you have not assigned or sold the claim to anyone else; it is not handled by another claims company or lawyer, or the subject of proceedings; and you have not received, and will not claim, compensation for the same disruption from a tour operator, an insurer or anyone else, and no insurer holds rights over the expenses claimed. You will tell us if this changes.

2.9 No Side Deals

After the assignment you must not negotiate with the airline, accept any offer or payment from it for the claim, or pursue the claim yourself or through anyone else. You must pass to SkyAid, within 7 days, any offer, message or payment you receive about the claim. If you breach this clause, our fee is due at the stage rate on the amount you received or, if higher, on an offer SkyAid had already obtained; SkyAid may also claim its reasonable costs caused by the breach.

2.10 Settlement When We Act as Your Representative

This clause applies when SkyAid acts as your representative under 2.3. SkyAid accepts an offer only with your explicit confirmation, after showing you the amount and what you would give up. If an offer is below 50% of the full value of the claim, SkyAid recommends rejecting it; if you do not object within 7 days, SkyAid rejects it on your behalf. While the offer remains open, you may still ask SkyAid to accept it.

2.11 Passengers, Children & Heirs

Each passenger signs their own Deed and Power of Attorney. If a child reaches the age of majority during the claim, they may take over the guardian’s role and receive their share directly. If a passenger dies, the agreement continues with their heirs.

3. Fees

• Which rate applies: A higher stage rate applies only to payments received more than 14 days after the step that started that stage. Until then, the previous rate applies. Where one claim includes both 25% and 30% amounts, Stage 1 charges each at its own rate; at Stage 2 or 3, the stage rate applies to all of it.
• Ticket refunds: If we recover a refund of the price you paid for your ticket, we charge no fee on it and pay it to you in full.
• Minimum fee: If the percentage fee would be below €75, the fee is €75, but never more than 50% of the Total Gross Recovery.
• No upper cap: The percentage applies to the full Total Gross Recovery, however large.
• Currency: Amounts received in another currency are converted to euro at the mid-market rate on the day of receipt.
• How claims usually end: Each year we publish on our website the share of paid claims resolved at Stage 1, Stage 2 and Stage 3.

3.1 Payment of Your Share

We aim to pay your share within five (5) business days of receiving the airline’s payment (ten (10) in peak periods), with a statement showing the amount received, our fee and your share. If a payment to you fails, we contact you and hold your share for you, free of charge, for at least 3 years.

Your share is payable only if SkyAid actually receives money from the airline, its insurer, an intermediary or through enforcement. If nothing is recovered, SkyAid owes you no payment for the claim or any other loss from the disruption. This does not limit SkyAid’s liability under Section 8 for its own breach.

4. Total Gross Recovery

“Total Gross Recovery” means all money received by SkyAid for your claim: fixed compensation, reimbursement of expenses, Montreal Convention damages, cash settlements, and interest on any of these.

It does not include ticket refunds, which are paid to you in full, or amounts paid towards legal costs, court fees or enforcement costs, which belong to SkyAid because it paid them (5A.3). The fee applies however the airline splits its payment.

5. Status, Ending a Stalled Claim & Time Limits

5.1 Status Updates

You may ask for a written status update at any time through Messages in your portal or by email. We reply within 14 business days with the current status, the latest action taken and the next expected step. We need not disclose negotiating positions.

5.2 Reversion on Inactivity

If, 12 months or more after you submitted the claim, you believe we have made no meaningful progress, you may ask in writing for the claim to be given back. Within 30 days we either show meaningful progress or give the claim back under 2.7. Meaningful progress means:

1. an offer from the airline;
2. a pending or issued decision of an authority;
3. court or arbitration proceedings filed;
4. substantive correspondence with the airline in the last 60 days; or
5. a response or hearing expected within the next 90 days.

5.3 24-Month Backstop

If, 24 months after you submitted the claim, no offer has been received, no complaint or proceedings are pending and no decision is expected, you may end the agreement by written notice and the claim is given back under 2.7.

5.4 Ending for a Compelling Reason

Either party may end the agreement for a compelling reason, as Estonian law allows.

5.5 Time Limits

Claims are subject to time limits that depend on the Framework and the country, for example two years under the Montreal Convention and up to six years or more under some national laws. SkyAid checks time limits when it accepts a claim and while it pursues it, and protects you through 2.7.

5.6 Claims Under a Power of Attorney

Where SkyAid acts as your representative (2.3), you give SkyAid exclusive authority for 24 months, extended while complaints or proceedings are pending. During that time you must not pursue the claim yourself or through anyone else. Clauses 5.1 to 5.4 apply in the same way.

5A. Standard of Care, Timelines & Costs

5A.1 Standard of Care

SkyAid pursues every claim with reasonable professional diligence: the care a competent claims-management business would take with a claim of similar value and complexity. We do not promise any amount, date or outcome.

5A.2 Typical Timelines

Delays caused by airlines, authorities, courts or appeals are outside our control and are not a breach of these Terms.

5A.3 Costs

6. Right of Withdrawal

You may withdraw within 14 days of signing, without giving a reason, through Messages, by email, or with the withdrawal form shown before you signed. On withdrawal, the assignment is reversed automatically and SkyAid sends you a signed re-assignment.

If you separately asked us to start work within the 14 days and then withdraw, you owe a fee only if the airline later pays you because of steps we took before your withdrawal. That fee is proportionate to the work done and never more than the fee in Section 3.

7. Your Obligations

You agree to:

• give accurate, complete and truthful information, including when you describe what happened and why you incurred each cost;
• provide identity documents for each passenger;
• sign the Deed and Power of Attorney;
• upload requested documents and answer our questions promptly;
• give us correct bank details.

If you do not provide required documents or answer reasonable requests, SkyAid may give the claim back under 2.7.

7.1 Documents & Automated Tools

We use the documents you upload to pursue your claim, including by sending copies to airlines, authorities, courts and lawyers. We may read documents with automated tools, including AI services provided by the processors named in our Privacy Policy. Automated checks are advice only: no decision that significantly affects you, such as leaving a cost out of your claim, is made by a machine alone, and you can always ask a person to review it.

7.2 Proof of Your Signature

If an airline or court disputes that you signed the Deed or Power of Attorney, SkyAid may show them the signing record: the signature, date and time, IP address, browser and confirmed email address.

8. Liability

SkyAid is liable for loss caused by its breach of these Terms. Where SkyAid’s breach causes a claim to be lost or reduced, for example by letting a time limit expire or by a careless settlement, SkyAid pays you the share you would have received on the amount lost. In every other case, SkyAid’s total liability for a claim is limited to the greater of the fees SkyAid received for that claim and €500.

To the extent the law allows, SkyAid is not liable for indirect loss, such as financing costs, currency movements, lost income or distress, arising from the disruption or from the time a claim takes. Nothing in these Terms limits liability for intentional breach, gross negligence, fraud, death or personal injury, or any liability that consumer law does not allow us to limit. SkyAid is not liable for delay or failure caused by events beyond its reasonable control, including airline insolvency.

9. Client Money

Money recovered from airlines is received into a dedicated SkyAid account used only for payouts to clients, kept separate from SkyAid’s operating funds, and paid out under Section 3. The account details are shown in your portal.

Recovered money and assigned claims legally belong to SkyAid until your share is paid, so they would form part of SkyAid’s assets if it became insolvent.

10. Ending the Agreement

The agreement ends:

• on withdrawal under Section 6;
• on reversion under 2.7 or 5.2;
• on notice under 5.3 or 5.4;
• when either party commits a material breach not cured within 30 days of written notice; or
• when the claim is resolved and your share paid.

Rights that arose before the end, such as our fee on a direct payment, continue.

11. Court Proceedings

SkyAid may start proceedings against the airline in any competent court, including any forum allowed by Article 33 of the Montreal Convention. A person at SkyAid approves every decision to start court proceedings.

You agree to give reasonable help to the lawyers we appoint, such as statements and documents, and to appear as a witness if a court orders it; SkyAid pays your reasonable travel and expenses.

12. Data Protection

SkyAid is the controller of your personal data, as described in our Privacy Policy. You can exercise your rights through your portal or by email to [email protected]. While a claim is active, we keep the data needed to pursue it (Article 17(3)(e) GDPR). You may complain to the Estonian Data Protection Inspectorate (Andmekaitse Inspektsioon, www.aki.ee) or to the data protection authority where you live.

13. Complaints, Governing Law & Disputes

If you are unhappy with our service, tell us through Messages or by email to [email protected]. We reply within 14 days. If we cannot agree, you may refer the dispute to the Estonian Consumer Disputes Committee.

These Terms and the Deed are governed by Estonian law. If you are a consumer, you keep the protection of the mandatory laws of the country where you live.

If you are a consumer, you may bring proceedings against SkyAid in Estonia or in the country where you live, and SkyAid may bring proceedings against you only in the country where you live. This does not affect where SkyAid may sue the airline (Section 11).

14. Final Provisions

• 14.1 Notices: A written notice to you is sent through your portal Messages and by email to the address you gave us, and is treated as received on the next business day after sending.
• 14.2 Versions: The version of these Terms you accepted applies to your claim. We change it for an existing claim only with your consent, unless the change is required by law or only in your favour.
• 14.3 Language: If we provide these Terms in your language, that version binds us; the English text is used to resolve any ambiguity.
• 14.4 Transfer by SkyAid: SkyAid may transfer this agreement and the assigned claims to a successor, for example in a merger or sale of the business, if the successor takes over all of SkyAid’s obligations to you on the same terms. We will tell you.
• 14.5 Invalid clauses: If any clause is invalid, the rest remains in force.

15. Contact

• Claims, complaints and general questions: Messages in your portal, or [email protected]
• Data protection: [email protected]
• Legal correspondence: [email protected]
• Postal address: SkyAid OÜ, Tartu mnt 67/1-13b, Tallinn 10115, Estonia
• Estonian Business Registry: 17440625
• Website: www.skyaid.eu