SkyAid OÜ — Terms & Conditions

Parties & Agreement

These Terms and Conditions constitute a legally binding agreement between you (“Customer”, “Client”, or “you”) and SkyAid OÜ (“SkyAid”, “we”, “us”), operator of the SkyAid platform. By using the SkyAid platform or submitting a claim, you agree to be bound by these Terms.

1. Services Provided

The SkyAid platform is operated by SkyAid OÜ. We provide professional services relating to flight compensation claims under EU EC 261/2004, UK261, the Montreal Convention 1999, Turkey SHY-YOLCU, Serbia ECAA, Canada APPR, Brazil ANAC 400, and other applicable national air-passenger-rights frameworks. Claim values may vary and may exceed €14,000 in certain cases.

Our services include claim assessment, evidence review, communication and negotiation with airlines or their agents, collection of funds, and legal escalation where appropriate. Claims are processed through up to three structured enforcement stages (further described in Section 3) depending on airline cooperation.

2. Authorization & Assignment

2.1 Assignment of Claim (Cessio)

Upon submission of your claim through the SkyAid platform and acceptance of these Terms, you irrevocably assign and transfer to SkyAid OÜ the full ownership of, and all rights, title, and interest in, the financial compensation claim arising from the flight disruption that is the subject of your claim. This assignment is made under and governed by Estonian Law of Obligations Act §164 et seq. (“cessio”). Upon assignment, SkyAid OÜ becomes the legal owner of the assigned claim and holds the exclusive right to pursue, enforce, and collect compensation in connection with it.

2.2 Scope of Assignment

The assignment covers all financial and monetary rights arising from the flight disruption that is the subject of your claim, including:

• Fixed statutory compensation amounts (e.g., €250 / €400 / €600 under EC 261/2004);
• Out-of-pocket expense reimbursements (subject to the conditional payment provisions in Section 3.1);
• Baggage loss, damage, or delay compensation under the Montreal Convention;
• Bodily injury or medical expense claims under the Montreal Convention;
• Interest, surcharges, legal costs, or any other sums recoverable from the airline;
• Any additional payments, goodwill gestures, or settlements made by the airline in connection with the claim.

The assignment does not cover non-financial rights such as the right to receive care and assistance at the airport, rebooking, or return transport, which remain personal to you.

2.3 Right to Pursue in SkyAid’s Own Name or Client’s Name

As the assignee and legal owner of the claim, SkyAid OÜ may, at its sole discretion:

• Pursue the claim in its own name (as assignee) where the applicable jurisdiction permits claims to be brought by the assignee directly; or
• Pursue the claim in the Client’s name (as authorized representative) where jurisdictional rules require the claim to be brought in the name of the original passenger (as commonly required under the Montreal Convention and certain other frameworks).

You agree to cooperate with and support whichever approach SkyAid OÜ determines is appropriate for the relevant jurisdiction, including signing any additional letters of authority, powers of attorney, or procedural documents reasonably required to give effect to the assignment or to enable SkyAid OÜ to act on your behalf.

2.4 Authorization to Act

In addition to and without limiting the assignment above, you irrevocably authorize SkyAid OÜ to take all necessary steps to pursue, negotiate, enforce, and collect compensation, including without limitation:

• Signing and issuing claim letters, formal notices, and legal correspondence in your name or in SkyAid OÜ’s name;
• Filing Data Subject Access Requests (DSARs) under GDPR and equivalent frameworks with airlines to obtain internal records relevant to your claim;
• Negotiating and accepting settlement offers;
• Initiating regulatory complaints with national enforcement bodies, civil aviation authorities, and consumer protection regulators;
• Receiving and holding recovered compensation funds;
• Appointing and instructing legal counsel on your behalf where necessary.

2.5 Direct Payment by Airline to Client

2.6 Reassignment / Reversion

If SkyAid OÜ determines, in its sole discretion, that pursuing the claim is not commercially viable or otherwise decides to abandon the claim, the assignment shall lapse and all rights, title, and interest in the claim shall revert to you at no cost. SkyAid OÜ will provide you, within fourteen (14) days of reversion, with all documentation, correspondence, and case-file materials in its possession to enable you to pursue the claim independently. Reversion may also be triggered by the Client under Section 5.1 (status updates and reversion on inactivity). No fee is owed by either party in respect of a reverted claim. You retain the right to seek independent legal counsel in respect of any reverted claim. SkyAid OÜ provides no warranty that a reverted claim remains commercially or legally viable.

2.7 Prior Assignment Warranty

You warrant that at the time of submission, the claim has not been previously assigned, sold, or transferred to any third party, is not subject to any other claim-management agreement, and is not the subject of pending or concluded legal proceedings brought by you or any third party in respect of the same disruption.

2.8 Non-Circumvention

During the exclusivity period set out in Section 5 (as may be extended), you shall not directly or indirectly attempt to circumvent SkyAid OÜ’s role as assignee or to negotiate, settle, or accept any payment from the airline outside of SkyAid OÜ’s process. Any attempt to do so is a material breach of this Agreement and the applicable fee remains due in full.

3. Fees & Payment

Our fee structure reflects a four-tier model based on claim type and the level of effort and resources required:

• Minimum Fee — €75 Administrative Floor Only: The €75 minimum applies solely where the calculated percentage fee on a low-value claim would otherwise fall below €75. It is an administrative floor — not a cap, not a maximum, and not representative of the fee that applies in any case where work has been performed, a claim has been submitted to the airline, or a settlement offer has been received. In all such cases the full applicable percentage fee set out in the table above applies without limit.
• No Cap on High-Value Claims: There is no upper cap on the total fee. The applicable percentage applies to the full Total Gross Recovery amount regardless of its size.
• Currency: Fees are calculated in the currency recovered and converted to EUR at the mid-market rate on the date of receipt if necessary. Bank transfer fees and conversion costs are deducted from the Client’s portion.

Fees may be deducted directly from recovered amounts before remitting the balance to the Client. We aim to remit your portion within five (5) business days of receiving airline payment (up to ten (10) business days during peak periods). If an airline pays you directly, you must promptly remit the applicable fee to SkyAid OÜ within seven (7) days of receipt.

3.1 Conditional Nature of Payment to Client

The Client’s right to receive any portion of the Total Gross Recovery is conditional upon SkyAid OÜ actually receiving payment from the airline (or via the airline’s insurer, a settlement intermediary, or court enforcement against the airline). Where, despite SkyAid OÜ’s reasonable commercial efforts as further defined in Section 5A, no recovery is achieved on the assigned claim, SkyAid OÜ owes the Client no payment, indemnity, or compensation in respect of:

• the assigned claim itself or the underlying flight disruption;
• any out-of-pocket expenses the Client originally incurred (including but not limited to accommodation, meals, ground transport, replacement flights, and consequential expenses);
• any time, opportunity, or financing costs the Client incurred in connection with the original disruption;
• any other losses arising from or relating to the flight disruption that is the subject of the claim.

The cessio assignment under Section 2 effects a transfer of the financial claim against the airline only. It does not create or imply any obligation on SkyAid OÜ to indemnify the Client for the airline’s failure or inability to pay, regardless of the merit of the claim or the diligence with which it has been pursued. The Client expressly acknowledges and accepts the commercial nature of this allocation of risk: SkyAid OÜ assumes all costs and risk of pursuing the claim under the no-win-no-fee model, and in exchange the Client’s recovery is conditional on actual airline payment.

4. Gross Recovery Calculation

The term “Total Gross Recovery” means the total aggregate amount actually received by SkyAid OÜ on your behalf through SkyAid OÜ’s efforts, including but not limited to:

• Fixed statutory compensation amounts (e.g., €250, €400, or €600 per passenger under EC 261/2004 or UK261);
• Out-of-pocket expense reimbursements (e.g., meals, accommodation, ground transport, communication costs);
• Baggage loss, damage, or delay compensation under the Montreal Convention;
• Bodily injury or medical expense claims under the Montreal Convention;
• Any additional payments, goodwill gestures, or settlements attributable to SkyAid OÜ’s intervention;
• Interest or surcharges recovered from the airline in connection with the claim.

The fee applies to the full Total Gross Recovery regardless of how the airline structures the payment (i.e., whether paid as a single sum or split across compensation and expenses).

5. Exclusivity

Upon submitting a claim, you grant SkyAid OÜ exclusive authority for twenty-four (24) months (subject to automatic extension under Section 5.2) to manage, negotiate, and resolve the claim. During this exclusivity period, you shall not:

• Submit the same claim through another claims management service or law firm;
• Pursue the claim directly with the airline;
• Accept any payment or settlement from the airline without first informing SkyAid OÜ.

You must promptly notify SkyAid OÜ of any direct contact, offer, or payment received from the airline.

5.1 Status Updates & Reversion on Inactivity

5.1.1 Right to Status Updates

The Client may at any time during the exclusivity period request a written status update on their claim by emailing [email protected]. SkyAid OÜ shall respond within fourteen (14) business days confirming the current claim status, the most recent action taken on the claim, and the next expected milestone, where ascertainable. SkyAid OÜ is not required to disclose internal commercial strategy, settlement positions, or details that would prejudice the conduct of the claim, but shall provide sufficient detail to confirm the claim is being actively pursued.

5.1.2 Customer-Triggered Reversion on Inactivity

Notwithstanding the 24-month exclusivity period, if at any time after twelve (12) months from the date of claim submission the Client believes SkyAid OÜ has not made meaningful progress on the claim, the Client may request reversion by written notice to [email protected]. SkyAid OÜ shall, within thirty (30) days of receipt, either:

1. Demonstrate meaningful progress by providing evidence that one or more of the following has occurred: (a) a settlement offer has been received from the airline; (b) a regulatory body decision has been issued or is pending; (c) court or arbitration proceedings have been filed; (d) substantive correspondence with the airline or its representatives has occurred within the preceding sixty (60) days; or (e) SkyAid OÜ is awaiting a scheduled response or hearing within the next ninety (90) days. Where any of (a) to (e) is demonstrated, the exclusivity continues unaffected; or
2. Execute reversion by formally reassigning the claim to the Client under Section 2.6, providing all documentation, correspondence, and case-file materials in SkyAid OÜ’s possession, at no cost to the Client. Where reversion is executed under this provision, no fee is owed by either party in respect of the reverted claim.

5.1.3 No Implied Reversion

Reversion does not occur automatically and may not be inferred. The Client must invoke this clause in writing, and SkyAid OÜ’s right to demonstrate meaningful progress under 5.1.2(1) takes precedence. The Client’s submission of a status request under 5.1.1 does not, by itself, constitute a reversion request.

5.2 Limitation Periods & Automatic Exclusivity Extension

5.2.1 Statute of Limitations Acknowledgment

The Client acknowledges that air-passenger compensation claims are subject to statutory limitation periods that vary by jurisdiction and applicable framework. These typically range from two (2) years (Montreal Convention) to six (6) years (United Kingdom) or longer (e.g., ten years in Luxembourg). SkyAid OÜ assesses limitation periods at intake and during processing and will, at its discretion, decline or revert claims where pursuing them is not commercially viable. Where SkyAid OÜ reverts a claim due to limitation concerns, the Client retains the right to seek independent legal counsel. SkyAid OÜ provides no warranty that a reverted claim remains viable.

5.2.2 Automatic Extension of Exclusivity Period

The 24-month exclusivity period set out above shall be automatically extended for any period during which one or more of the following events is occurring or pending. Such extension is calculated from the date the relevant event commenced (or was filed) to the date the event concludes (or is finally resolved, including any appeal):

• court, arbitration, mediation, or alternative dispute resolution proceedings filed in respect of the assigned claim, including any appeal, judicial review, or enforcement action;
• formal complaints filed with a national enforcement body, civil aviation authority, consumer protection regulator, or equivalent body;
• airline-initiated mediation, structured settlement negotiation, or formal dispute resolution process;
• any period during which the airline (or its insurer, agent, or legal representative) is materially unresponsive for more than sixty (60) days notwithstanding SkyAid OÜ’s reasonable follow-up efforts;
• periods during which proceedings are stayed, suspended, or held pending the outcome of related test cases, referrals to the Court of Justice of the European Union, or supervening legal developments;
• any other circumstance materially analogous to the foregoing in which the active progression of the claim is delayed by factors not within SkyAid OÜ’s reasonable control.

5.2.3 Continued Exclusivity During Active Proceedings

For the avoidance of doubt: where SkyAid OÜ has filed court or arbitration proceedings, initiated formal regulatory enforcement, or is engaged in active settlement negotiations at the expiration of the 24-month exclusivity period (as may be extended under 5.2.2), the exclusivity shall continue until the conclusion of those proceedings, including any appeals, enforcement actions, or post-judgment recovery efforts. This provision protects SkyAid OÜ’s legitimate interest as the funder of the litigation and the assignee of the claim.

5.2.4 Customer Protection

The Client’s rights under Section 5.1 (status updates and reversion on inactivity) continue to apply throughout any extended exclusivity period under this Section 5.2. The automatic extension applies only while SkyAid OÜ is actively engaged in proceedings or activities that benefit the claim. Where SkyAid OÜ ceases active engagement, Section 5.1.2 reversion remains available to the Client.

5A. Diligence Standard, Recovery Timelines & Litigation Funding

5A.1 Standard of Care

SkyAid OÜ shall pursue the assigned claim with reasonable commercial diligence, defined as the standard of care exercised by a competent professional claim management service operating in the same jurisdiction handling claims of similar complexity and value. SkyAid OÜ does not warrant any specific recovery amount, recovery date, or outcome. SkyAid OÜ’s diligence obligation is satisfied by taking reasonable, professionally appropriate steps to advance the claim toward resolution.

5A.2 Acknowledged Recovery Timelines

The Client acknowledges that recovery timelines are largely determined by airline response times, regulatory body workloads, judicial scheduling, and (where applicable) appeals processes — none of which are within SkyAid OÜ’s direct control. The Client further acknowledges the following typical durations as reasonable and not constituting any breach of this Agreement:

Delays caused by airline unresponsiveness, regulatory backlog, court scheduling, third-party intermediary processes, or appeals are not attributable to SkyAid OÜ and do not constitute a breach of this Agreement. Periods during which SkyAid OÜ is awaiting a third-party response (whether from an airline, regulator, court, or other party) are part of normal claim processing.

5A.3 Litigation Cost Funding

5A.4 Adverse Cost Risk

If a court orders the losing party in any litigation to bear costs, and the relevant court orders SkyAid OÜ to pay costs to the airline, SkyAid OÜ shall bear those costs at its own expense without recourse against the Client. The Client is never personally liable for any adverse cost order arising from claim pursuit by SkyAid OÜ as assignee.

6. Withdrawal & Cancellation

Under EU Consumer Rights Directive 2011/83/EU, you have a 14-day cooling-off right to withdraw from this Agreement after submission. By submitting your claim and accepting these Terms, you may expressly request that SkyAid OÜ begin work on your claim immediately. If you so request and subsequently withdraw within the 14-day cooling-off period, you will be charged a proportionate fee for work already performed up to the date of withdrawal, in accordance with Article 14(3) of the Directive.

After the 14-day cooling-off period, withdrawal is governed by the exclusivity and reversion provisions in Sections 5 and 2.6. Withdrawal during active claim proceedings (including any extended exclusivity period under Section 5.2) requires SkyAid OÜ’s consent, which shall not be unreasonably withheld where good cause is demonstrated.

7. Client Obligations

You agree to:

• Provide accurate, complete, and truthful information about the flight and disruption;
• Provide all required identity documents (passport or government-issued ID) for each affected passenger;
• Provide the Power of Attorney / Letter of Authority signature (electronic) authorizing SkyAid OÜ to act;
• Promptly upload requested supporting documents through the customer portal, including boarding passes, booking confirmations, disruption notices, and expense receipts;
• Promptly respond to information requests from SkyAid OÜ to maximize the available time for processing;
• Not pursue the claim through any other party during the exclusivity period;
• Forward to SkyAid OÜ promptly any direct contact, offer, or payment received from the airline.

7.2 Portal Uploads & Document Handling

Documents uploaded via the SkyAid customer portal (including boarding passes, identity documents, disruption notices, expense receipts, and supporting evidence) are processed by SkyAid OÜ for the purposes of pursuing your claim. Receipts may be processed using OCR (optical character recognition) technology to extract structured data. By uploading documents to the portal you grant SkyAid OÜ a non-exclusive, royalty-free license to use, copy, store, transmit, and reproduce those documents for the purposes of pursuing the claim, including providing copies to airlines, courts, regulators, and legal counsel as required.

Failure to provide required documents or to cooperate with reasonable information requests may result in SkyAid OÜ being unable to advance the claim, and may constitute grounds for SkyAid OÜ to revert the claim under Section 2.6.

8. Limitation of Liability

SkyAid OÜ provides claim-management services on a best-efforts basis. We make no warranty or guarantee that any specific claim will result in compensation, that any specific recovery amount will be achieved, or that recovery will occur within any specific timeframe. Recovery depends on factors outside SkyAid OÜ’s control, including airline cooperation, regulatory body workloads, judicial scheduling, and applicable extraordinary-circumstances defenses.

To the maximum extent permitted by applicable law, SkyAid OÜ’s total aggregate liability to the Client under this Agreement shall not exceed the total amount of fees actually retained by SkyAid OÜ in respect of the specific claim giving rise to the liability.

8.1 Consequential, Indirect, and Financing-Related Damages Excluded

To the maximum extent permitted by applicable consumer protection law in the Client’s jurisdiction, SkyAid OÜ shall not be liable to the Client for any indirect, consequential, incidental, special, or punitive damages arising from or relating to the assigned claim, the underlying flight disruption, or the conduct of the claim-recovery process, including but not limited to:

• Financing costs — interest, finance charges, late fees, default fees, or any other charges accrued on the Client’s credit cards, personal loans, lines of credit, overdraft facilities, or other financing instruments used to pay for the original disrupted-flight expenses or any subsequent costs;
• Currency fluctuations — losses arising from currency exchange rate movements between the date the original expenses were incurred and the date of any recovery;
• Opportunity costs — lost income, lost investment returns, alternative-use value of the unrecovered amounts, or business opportunities forgone during the claim-pursuit period;
• Time-value losses — any claim based on the time value of money, accrued opportunity loss, or notional interest the Client could have earned;
• Reputational and emotional damages — non-pecuniary damages, distress, inconvenience, or reputational harm.

The Client expressly acknowledges that:

• recovery from the airline is uncertain and timelines are not within SkyAid OÜ’s control;
• by assigning the claim under the cessio in Section 2, the Client transfers the right to receive payment from the airline but does not transfer to SkyAid OÜ any liability in respect of the Client’s pre-existing financial arrangements with third parties (banks, card issuers, lenders, etc.);
• the Client’s sole financial entitlement under this Agreement is to the percentage of Total Gross Recovery defined in Section 4, payable conditionally per Section 3.1.

This Section 8.1 does not seek to exclude or limit liability that cannot lawfully be excluded under applicable law, including liability for death or personal injury caused by gross negligence, fraud, or fraudulent misrepresentation.

8.2 Force Majeure

SkyAid OÜ shall not be liable for delays or failures caused by circumstances beyond its reasonable control, including but not limited to airline insolvency or bankruptcy, court closures or judicial system delays, government regulations, travel restrictions, pandemics, acts of God, or other force majeure events.

9. Payment Processing & Bank Details

Compensation payments collected from airlines are received into SkyAid OÜ’s designated client account at Wise (Rue du Trône 100, 1050 Brussels, Belgium), IBAN BE21 9676 3385 9903, BIC TRWIBEB1XXX. Funds are held temporarily for processing and distribution to the Client in accordance with Sections 3, 3.1, and 4. SkyAid OÜ does not commingle Client recoveries with operating funds beyond normal banking operations and applies professional fiduciary standards to the handling of recovered funds.

To remit your portion to you, we require accurate bank details (IBAN, beneficiary name, bank name, BIC/SWIFT). You are responsible for providing accurate details. Bank transfer fees and currency conversion costs (where applicable) are deducted from the Client’s portion as set out in Section 3.

10. Termination

This Agreement may be terminated:

• By the Client during the 14-day cooling-off period under Section 6;
• By the Client through the reversion mechanism in Section 5.1.2 after 12 months of no meaningful progress;
• By SkyAid OÜ at any time by triggering reversion under Section 2.6 if SkyAid OÜ determines pursuing the claim is not commercially viable;
• By either party upon material breach by the other party that is not cured within 30 days of written notice;
• Automatically upon successful resolution of the claim and remittance of the Client’s portion.

Termination does not affect any rights or obligations that have accrued prior to termination, including the duty to remit fees on direct airline payments under Section 2.5.

11. Legal Proceedings

SkyAid OÜ retains the right to initiate legal proceedings on the assigned claim in any competent jurisdiction. For Montreal Convention claims, SkyAid OÜ may file in any forum permitted under Article 33 of the Montreal Convention 1999, including the place of business of the carrier, the place where the contract was made, or the place of destination.

All litigation costs are funded by SkyAid OÜ as provided in Section 5A.3. The Client agrees to provide reasonable cooperation with legal counsel appointed by SkyAid OÜ, including providing witness statements, documentary evidence, and (where strictly necessary) appearing as a witness.

12. Data Protection

SkyAid OÜ is a data controller within the meaning of the EU General Data Protection Regulation (GDPR, Regulation (EU) 2016/679). We process personal data for the purposes of pursuing your claim, communicating with you, complying with legal obligations, and operating the SkyAid platform.

Where your claim falls within a non-EU jurisdiction, SkyAid OÜ also complies with the applicable national data protection framework, which may include the UK GDPR and Data Protection Act 2018, KVKK (Turkey, Law No. 6698), PIPEDA (Canada), the Serbian Law on Personal Data Protection (LPDP, Law No. 87/2018), the Brazilian LGPD, or equivalent national legislation.

Your data subject rights, the categories of personal data we process, our retention periods, and our recipient categories are described in detail in our Privacy Policy. As an EU-established data controller (per Article 3(1) GDPR), the GDPR applies to all our processing regardless of the data subject’s location or nationality.

You may exercise data subject rights — including access (Article 15), rectification (Article 16), erasure (Article 17, subject to lawful retention obligations including those associated with the assigned claim under Article 17(3)(e)), restriction (Article 18), portability (Article 20), and objection (Article 21) — by emailing [email protected]. You have the right to lodge a complaint with the Estonian Data Protection Inspectorate (Andmekaitse Inspektsioon, www.aki.ee) as our lead supervisory authority, or with your local data protection authority.

13. Governing Law & Dispute Resolution

This Agreement is governed by Estonian law, without regard to conflict-of-laws principles. The cessio assignment in Section 2.1 is governed by the Estonian Law of Obligations Act §164 et seq.

Any dispute arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Estonian courts, save that nothing in this clause prevents SkyAid OÜ from initiating legal proceedings against the airline under Section 11 in any competent forum.

Where you are a consumer resident in the European Union, this clause does not deprive you of the protection afforded by mandatory provisions of the law of your country of residence.

14. Final Provisions

• Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect.
• Entire Agreement: These Terms, together with our Privacy Policy and any additional consents, constitute the entire agreement between the Client and SkyAid OÜ in respect of the subject matter.
• Amendments: SkyAid OÜ may update these Terms from time to time. The version applicable to a specific claim is the version in force at the time the claim was submitted. Material amendments will be notified via the customer portal or by email.
• Language: The English version of these Terms is the authoritative version. Any translations are provided for convenience only.
• Assignment by SkyAid: SkyAid OÜ may assign or transfer its rights and obligations under this Agreement to a successor entity, including in connection with a corporate reorganization, merger, acquisition, or sale of all or substantially all of its assets, without requiring the Client’s prior consent.

15. Contact Information

For all matters relating to these Terms, your claim, data protection, or any other inquiry:

• General & 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