LEGAL
THE COMPANY
FlightRepay is a trading name of Foxted Limited, registered in England and Wales, company no. 17381926. Registered office: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.
TERMS AND CONDITIONS · VERSION 1.1 · 5 AUGUST 2026
Foxted Limited (trading as “FlightRepay”) — Flight Compensation Services
These terms and conditions (the “Terms”) constitute the legally binding agreement between the customer (“you” or the “Client”) and Foxted Limited, a company registered in England and Wales with company number 17381926 whose registered office is at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ, trading as “FlightRepay” (“FlightRepay”, “we”, “us” or “our”), with regard to the provision of our Services.
By accepting these Terms you agree to be bound by them, by the Fee Schedule, by any additional terms applicable to specific Services you select, and by our Privacy Policy. We recommend that you do not engage FlightRepay for any of our Services until you have read and understood these Terms, the Fee Schedule and the Privacy Policy. If you have any questions, doubts or concerns, please contact us at support@flightrepay.com.
1.1In these Terms, the following words have the following meanings:
1.2In these Terms: headings are for convenience only; “including” means including without limitation; “writing” includes email; the singular includes the plural and vice versa; and references to legislation include that legislation as amended, re-enacted or replaced from time to time.
2.1By accepting these Terms and using our Services you affirm that you are (i) a natural person over the age of 18 (or the age of legal majority in your country of residence, if higher) who can enter into legally binding agreements under applicable law, and (ii) authorised to enter into these Terms and any service-specific terms on your own behalf and, where applicable, on behalf of Fellow Passengers in accordance with clause 7.
2.2FlightRepay provides services to help air passengers manage the impact of flight disruption. These Services may change from time to time, but include enforcing air passengers’ rights (including claiming compensation) arising from delayed, cancelled or overbooked flights, denied boarding, downgrading, and other related issues. FlightRepay pursues Claims as assignee of your rights under an Assignment Agreement or, where appropriate, as your authorised representative under an Authority Document.
2.3FlightRepay is not a law firm, is not a firm of solicitors, and is not authorised or regulated by the Solicitors Regulation Authority, the Bar Standards Board or any other legal services regulator. FlightRepay does not provide legal advice, legal representation or reserved legal activities (within the meaning of the Legal Services Act 2007) to you. Where you have assigned your Claim to FlightRepay, FlightRepay acts as the Claim’s legal owner and not as your representative or agent. Where court proceedings are required and are not conducted by FlightRepay in its own name as owner of an assigned Claim, they will be conducted by Nominated Lawyers, who are separately regulated members of the legal profession. During the provision of our Services, and in accordance with these Terms and the Forms, FlightRepay may engage Nominated Lawyers for the purpose of providing our Services.
2.4FlightRepay is a flight compensation company. Claims management services in relation to flight delay, cancellation and denied boarding compensation are not a regulated claims management activity, and FlightRepay is not authorised or regulated by the Financial Conduct Authority. This means that, in relation to our Services, you will not have access to the Financial Ombudsman Service or to the Financial Services Compensation Scheme. Your rights under these Terms, your statutory consumer rights, and the complaint and alternative routes described in clause 19 are unaffected.
2.5The presentation of our Services on our website https://flightrepay.com (or other FlightRepay pages), including any compensation calculator, is an invitation to treat only and does not constitute a binding offer to conclude a contract or to provide any Service.
2.6Provision of the Information Service or the Eligibility Check does not constitute a binding offer to provide any other Service, including the Compensation Service.
3.1After you accept these Terms and submit details of a flight disruption, FlightRepay will provide the Eligibility Check and the Information Service to determine whether, in its sole Discretion, you have an Eligible Claim.
3.2The Eligibility Check is a preliminary assessment only. It is not legal advice, it does not guarantee any outcome or amount, and FlightRepay may revise its assessment at any time in light of further information.
3.3If FlightRepay determines that you have an Eligible Claim, FlightRepay will provide you with the Form. The purpose of the Form is to permit FlightRepay to engage, directly or indirectly, with Nominated Lawyers, the Airline or its representatives, courts, enforcement bodies and ADR bodies in order to obtain Flight Compensation.
4.1Before the Compensation Service can begin, you must sign (including by Electronic Signature) the Form, by which you:
4.1.1agree to receive the Compensation Service on these Terms;
4.1.2acknowledge that FlightRepay will only claim Flight Compensation in money; that it is in FlightRepay’s sole Discretion whether to accept travel vouchers or other benefits in kind as Flight Compensation; and that an Airline’s offer of non-monetary compensation may be treated by FlightRepay as a refusal of Flight Compensation; and
4.1.3affirm that you are not pursuing the Claim by any other means, directly or through third parties, and that no legal dispute is pending or expected between you and the Airline concerning the same matter.
4.2If you have any existing engagement, instruction or assignment relating to the Claim, you must cancel it before submitting the Form. If you have not completed the steps in this clause 4, you will not receive the Compensation Service.
5.1You engage our Services after completing the claim submission process on our website or through another channel supported by FlightRepay (the “Order Process”).
5.2By clicking the relevant order or signature button, or by returning the signed Form, you make a binding offer to conclude a contract for the pursuit of the Claim, including ancillary claims, on these Terms and the Fee Schedule. FlightRepay accepts your offer either by express confirmation (including by email) or by asserting the Claim against the Airline. The Agreement is formed on such acceptance.
5.3On receipt and review of the Form, FlightRepay will confirm in writing whether it will commence the Compensation Service. FlightRepay may, in its sole Discretion, proceed with or decline the Compensation Service, or request further information or documents before commencing. FlightRepay is not obliged to give reasons for declining a Claim.
5.4Your Electronic Signature is agreed between the parties to satisfy any requirement for signature and to have the same effect as a handwritten signature. FlightRepay may retain records of the Order Process, the Form and your signature as evidence of the Agreement.
6.1Where the Form is an Assignment Agreement, you assign to FlightRepay absolutely, with full title guarantee, all of your rights, title, interest and benefit in and to the Claim, so that FlightRepay becomes the legal owner of the Claim and may pursue, compromise, settle, collect, enforce and receive payment of it in its own name, subject to and in accordance with these Terms. The assignment is intended to take effect as a legal assignment under section 136 of the Law of Property Act 1925; to the extent it does not, it takes effect as an equitable assignment. FlightRepay may give written notice of the assignment to the Airline.
6.2Where the Form is an Authority Document, or where the assignment is or becomes invalid, ineffective or unrecognised in a relevant jurisdiction, you authorise FlightRepay (with full power of substitution in favour of any Group Company, Engaged Third Party or Nominated Lawyer) to pursue the Claim in your name and on your behalf, including to represent you before the Airline and third parties, to obtain information, to initiate and conduct negotiations and judicial and extrajudicial measures, to instruct Nominated Lawyers, and to collect and receive payments and give good receipt for them, in each case as further set out in the Assignment Agreement and Power of Attorney document.
6.3Where you have signed an Assignment Agreement and later sign an Authority Document (or similar) at FlightRepay’s request, you accept that the Authority Document operates to reassign the Claim to you so that it may be pursued in your name. Where appropriate or legally necessary, FlightRepay may reassign the Claim to you, and you agree in that case to authorise FlightRepay again by an Authority Document to deliver the Compensation Service and to collect and receive payments.
6.4After submitting the Form, and for so long as the Agreement subsists:
6.4.1you may not assign, charge, pledge or otherwise deal with or dispose of the Claim, in whole or in part, to or in favour of any other person (and in the case of an assigned Claim you acknowledge you are no longer its owner);
6.4.2you may not mandate, instruct or authorise any other person — including any other claims company, lawyer, debt collector, or private or public body (including any ombudsman, ADR scheme, national enforcement body or regulator) — to act in relation to the same Claim, and may not independently commence legal proceedings in relation to it; and
6.4.3you must cease all negotiations with the Airline concerning the Claim, must not accept any direct contact, offer or payment from the Airline in relation to the Claim, and must promptly refer to FlightRepay any communication you receive from the Airline concerning the Claim.
6.5By signing the Form you warrant that you have not previously disposed of the Claim in any way, that no third party has been or remains engaged to enforce it, and that no legal dispute concerning the Claim is pending or expected.
7.1You must assist FlightRepay in the performance of the Agreement. You must, on request, tell us the underlying facts of the Claim completely, to the best of your knowledge.
7.2You must provide FlightRepay with all data, information and documents required for the performance of the Compensation Service — in particular boarding passes, booking confirmations, e-tickets, other flight records, identity information where required, and correspondence with the Airline — and must forward any new information promptly and without further request. Flight data and information may be submitted via our website, by email, or by other electronic or software solutions supported by FlightRepay.
7.3You warrant that all data and information you provide is correct, complete, true and up to date, and, where applicable, provided with the consent of Fellow Passengers. You are responsible for the completeness and accuracy of the documents and information provided, and must correct any errors, and notify us of any changes (in particular to your contact and payment details), without delay.
7.4FlightRepay may request additional information, such as: passenger name and surname, email address, phone number, type of disruption (delay, cancellation, denied boarding/overbooking, downgrade), reason for the disruption if known, length of delay, airline, flight number, flight date, places of departure and arrival, booking reference, and a description of the incident; and may require a further Form or supporting document, which may be returned via web form, other supported electronic means, email or post.
7.5You acknowledge that failure to provide requested information and documents may adversely affect, and may prevent, FlightRepay’s ability to provide the Compensation Service.
7.6You must notify FlightRepay immediately if the Airline contacts you about the Claim, or if you (or any Fellow Passenger registered by you) receive any payment, credit, voucher or other benefit from the Airline in relation to the Claim.
7.7If you act as the representative of, or on behalf of, another passenger or passengers, you must first obtain authority (including, where required, a power of attorney) to act on their behalf, and must produce evidence of that authority on request. For passengers under 18, you must provide their complete details, including name and date of birth, and the names and signatures of a person with parental responsibility or their legal guardian, and you confirm you are entitled to accept these Terms on the minor’s behalf.
7.8Where FlightRepay transfers to you amounts intended for Fellow Passengers, you must forward those amounts to the relevant Fellow Passengers on a pro-rata basis without delay, and you indemnify FlightRepay against claims by Fellow Passengers arising from your failure to do so.
7.9FlightRepay is not liable for the consequences of incorrect communications, documents, data or information provided by you, or of fraudulent conduct on your part. If you deliberately provide false information or data, then, in addition to any other rights FlightRepay may have under these Terms or at law, you must on request reimburse FlightRepay for the Legal Costs and other costs incurred in reliance on that information.
8.1Once FlightRepay has confirmed commencement in accordance with clause 5.3, FlightRepay will provide the Compensation Service with the intention of obtaining Flight Compensation, first by out-of-court means: FlightRepay will prepare a payment request, send it to the Airline, obtain any information required (including from the Airline), and handle all further correspondence with the Airline.
8.2FlightRepay will keep you informed of material developments in the Claim, including the progress of any enforcement by a Nominated Lawyer. FlightRepay may communicate with you electronically, including by email and through any personalised dashboard.
8.3In jurisdictions where Passenger Rights Regulations are less developed and obtaining Flight Compensation as of right is less likely, FlightRepay may, upon your decision to proceed, attempt to obtain Flight Compensation through a Goodwill Claim. Flight Compensation for a Goodwill Claim may be monetary or in kind, and clause 11.6 applies to compensation in kind.
9.1FlightRepay uses its Discretion in making decisions regarding a Claim at any stage of the Eligibility Check or the Compensation Service, including whether to pursue the Claim at all; whether, when and where to commence, continue, suspend or discontinue Legal Action; whether to make or accept any settlement offer (subject to clause 10); whether to withdraw from or close the Claim; and whether to pursue a Goodwill Claim.
9.2FlightRepay’s Discretion takes into account factors including: the applicable Passenger Rights Regulations; the jurisdictions and court systems in which the Claim may be pursued; the Legal Costs and the likelihood that FlightRepay may recover, or be ordered to pay, Legal Costs; the Airline’s historic behaviour with similar claims (including insolvency risk); the average time it may take to obtain Flight Compensation or a favourable ruling; the quality and completeness of the information you have provided; any facts that may make recovery difficult; advice from Nominated Lawyers; and FlightRepay’s experience with similar claims.
10.1If the Airline fails to pay Flight Compensation within a reasonable period after being notified by FlightRepay, or if FlightRepay assesses in its Discretion that the Airline is unlikely to respond to a request for payment, or where FlightRepay considers that recovery would be more effective or quicker through Legal Action, FlightRepay may initiate Legal Action.
10.2Where the Claim has been assigned to FlightRepay, FlightRepay may pursue the Claim, including by Legal Action, in its own name, with or without a Nominated Lawyer, and at its own cost risk. Where FlightRepay acts under an Authority Document (and to the extent permitted by applicable law), FlightRepay may instruct a Nominated Lawyer to pursue the Claim in your name in accordance with the authority you have signed, and/or recommend that you engage a Nominated Lawyer; where you engage the Nominated Lawyer, a separate retainer will exist between you and the Nominated Lawyer, and FlightRepay will indemnify you against the Nominated Lawyer’s fees in accordance with clause 10.5.
10.3You expressly consent to FlightRepay giving Nominated Lawyers access to all data, information and documents communicated to FlightRepay in relation to the Claim, so that the Nominated Lawyer can take Legal Action. You authorise the Nominated Lawyer to receive on your behalf declarations issued by FlightRepay in connection with the Agreement, and you undertake to answer the Nominated Lawyer’s reasonable questions about the facts directly and promptly.
10.4Where a separate Form, witness statement, statement of truth or other additional document is required to undertake Legal Action, you undertake to provide it promptly.
10.5If FlightRepay or a Nominated Lawyer commences Legal Action, FlightRepay will bear all Legal Costs incurred in the course of the Legal Action, even if the Legal Action is unsuccessful — including court fees, its own and (where awarded against the Claim) the opposing party’s lawyers’ fees, and any additional costs arising in international jurisdictions — to the extent those costs are not met by the Airline. You are in every case held harmless from these costs, except as provided in clauses 7.9 (false information) and 13.8 (withdrawal and termination).
10.6If Legal Action succeeds, or a settlement is reached, a claim for reimbursement of Legal Costs will be advanced where applicable. All reimbursements of Legal Costs, collection costs and interest recovered from the Airline belong to FlightRepay in full, whether the proceedings were conducted by FlightRepay or by a Nominated Lawyer, reflecting that FlightRepay funded the action and bore the risk of it.
10.7You agree and acknowledge that the final outcome of Legal Action, and receipt of Flight Compensation, may take a substantial period of time, in some cases years.
10.8FlightRepay may, in its Discretion, offer to the Airline, or accept from the Airline, individual or collective settlements of Claims for Flight Compensation, including settlement of your Claim jointly with other claims.
10.9Where you have assigned the Claim to FlightRepay, you acknowledge that the decision to make or accept a settlement rests solely with FlightRepay as owner of the Claim.
10.10Where FlightRepay acts under an Authority Document, you grant FlightRepay (and any Nominated Lawyer engaged by you or in your name) authority to conclude settlements on your behalf without further consent, provided that FlightRepay will not, without consulting you, accept any settlement of less than 80% of the amount claimed, and may reject without consulting you any offer of vouchers or benefits in kind instead of money. You may revoke a settlement concluded below the ceiling of that authority, in which case FlightRepay will review the options for further enforcement and contact you to agree next steps. Where a settlement is to be concluded for you and for Fellow Passengers whose Claims you have submitted, this clause 10 applies equally to their Claims, and you warrant that you are authorised by each Fellow Passenger (or their parent or legal guardian) to decide on their behalf whether to accept or reject a settlement.
10.11Where a Nominated Lawyer has been engaged in your name, you may not conclude an irrevocable settlement, withdraw from a settlement concluded with FlightRepay’s consent, waive the Claim, discontinue the proceedings, or otherwise dispose of the Claim, without FlightRepay’s consent.
10.12In the case of a settlement (in or out of court), any lawyers’ fees and court costs not met by the Airline may be deducted from the agreed settlement amount before the balance is accounted for. A settlement does not affect FlightRepay’s entitlement to fees, which are calculated under clause 11 and the Fee Schedule on the amount actually recovered.
11.1The Eligibility Check and the Information Service are free of charge. The Compensation Service is provided free of charge unless FlightRepay succeeds in obtaining Flight Compensation: if no Flight Compensation is recovered, you pay nothing, including where Nominated Lawyers were engaged and where Legal Action was taken and lost.
11.2You acknowledge that FlightRepay’s success fee model reflects that FlightRepay bears the entire cost and risk of unsuccessful claims — including staff, infrastructure, test cases, court fees, opposing parties’ costs where awarded, and irrecoverable costs in foreign jurisdictions — and must cover those costs from its fees in successful cases.
11.3If Flight Compensation is recovered, you must pay FlightRepay the Service Fee and, where Legal Action was commenced before recovery, the Legal Action Fee, each as set out in the Fee Schedule, in each case inclusive of applicable VAT. The basis of calculation is everything paid by the Airline in connection with the Claim after FlightRepay sent its payment request, except amounts within clause 10.6 (Legal Costs, collection costs and interest, which belong to FlightRepay in full).
11.4If only part of the Claim is recovered, fees are calculated only on the partial amount recovered. The same applies where a settlement is concluded under clause 10.
11.5The Service Fee and, where applicable, the Legal Action Fee are payable on any recovery of Flight Compensation however achieved — by court judgment, settlement, collective settlement, goodwill payment, or direct payment by the Airline to you — and whether the payment is made to FlightRepay or to you (including by cheque or credit to you).
11.6If, with your consent (or, for an assigned Claim, in FlightRepay’s Discretion), the Claim is settled in kind rather than in money (for example flight vouchers), FlightRepay is entitled to a fee in money calculated, unless otherwise agreed, on the value of the benefit in kind.
11.7FlightRepay is entitled to deduct from payments received the fees due to it plus applicable VAT, together with any interest and other amounts belonging to FlightRepay under these Terms. Where a Nominated Lawyer engaged in your name receives recovered amounts, the Nominated Lawyer will remit them to FlightRepay for the purposes of accounting.
11.8Once FlightRepay has actually received the Flight Compensation, identified it in accordance with clause 11.20, and received all documents and information necessary for accounting, FlightRepay will account to you properly and pay the amount due to you without undue delay.
11.9FlightRepay’s obligations to account to you and to pay any amount to you arise only upon actual receipt by FlightRepay (or by a Nominated Lawyer for onward remittance to FlightRepay) of cleared and unconditional funds from the Airline. For the avoidance of doubt: a statement, confirmation or representation by the Airline (to you, to FlightRepay or to anyone else) that payment has been made or authorised; an entry in the Airline’s systems or records; or the issue of a cheque, voucher or payment instruction, does not of itself constitute receipt, and FlightRepay is not liable for any inaccurate or false statement by an Airline that payment has been made.
11.10If an Airline informs you that Flight Compensation has been paid to FlightRepay but the funds have not been received, FlightRepay will, on request, confirm to you whether the funds have been received, and will continue to pursue the Airline for payment as part of the Compensation Service. You must not treat the Airline’s statement as payment, and no amount becomes due from FlightRepay to you unless and until the funds are actually received.
11.11If, after FlightRepay has paid any amount to you, the corresponding payment from the Airline is reversed, recalled, dishonoured, avoided or clawed back other than as a result of FlightRepay’s own error (including by the Airline’s bank, by court order, or by an officeholder in the Airline’s insolvency), you must repay to FlightRepay on demand the amount paid to you that is attributable to the reversed payment, and FlightRepay will correspondingly cancel or refund any fees charged on the reversed amount.
11.12You must provide FlightRepay with details of a bank account to which payment can be made by UK Faster Payments, BACS or SEPA transfer. If FlightRepay offers alternative payment methods, you may provide the corresponding details instead. If you do not hold an account capable of receiving payment by a supported method, any transfer or payout fees will be borne by you and may be deducted from the amount payable.
11.13If a payment to you fails because the payment information you provided is incorrect or incomplete and the funds are returned to FlightRepay, FlightRepay will make reasonable efforts to contact you using the contact details you provided, including email reminders. If you do not provide correct payment details within 12 months of FlightRepay’s first attempt to contact you, FlightRepay shall be entitled to retain the unpaid amount.
11.14Once FlightRepay has paid the Flight Compensation in accordance with your instructions and chosen method, FlightRepay is not liable for: (a) cheques, prepaid cards and similar instruments lost in transit to you; or (b) the consequences of your providing wrong bank details, a wrong address or similar, including payment reaching a wrong recipient, and in that case FlightRepay is not obliged actively to reclaim the payment.
11.15You are not entitled to interest on Flight Compensation for the period between FlightRepay’s receipt of it and payment to you. FlightRepay reserves the right to retain any interest recovered from the Airline, including interest recovered following Legal Action.
11.16If the Airline pays directly to you any amount which under these Terms is due to FlightRepay — including Flight Compensation on which fees are payable, Legal Costs, collection costs or interest — you must (i) inform FlightRepay of the payment as soon as reasonably practicable, and (ii) pay to FlightRepay the amounts due (against invoice) without undue delay.
11.17FlightRepay is not liable for any failure or delay in transferring a payment to you caused by an event beyond FlightRepay’s reasonable control, including strike, lock-out, labour dispute, force majeure, natural disaster, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, accident, breakdown of plant or machinery, fire, flood or storm.
11.18You acknowledge and agree that payments from Airlines (and any other amounts received in connection with a Claim) may be received into one or more bank accounts held in FlightRepay’s own name, which may also hold FlightRepay’s own funds and amounts relating to other customers, and that FlightRepay is not required to hold any amount in a separate, designated or segregated client account. FlightRepay is not a firm of solicitors and does not operate a client account subject to the SRA Accounts Rules, and is not subject to the FCA’s client money rules (see clauses 2.3 and 2.4).
11.19Any amount that becomes due to you under these Terms is owed to you by FlightRepay as an unsecured contractual debt. In the case of your share of Flight Compensation, an amount becomes due only upon FlightRepay’s actual receipt of cleared and unconditional funds in accordance with clauses 11.8 and 11.9; for the avoidance of doubt, this clause characterises the nature of amounts that have become due and does not itself create any debt, entitlement or obligation, and no amount is owed to you in respect of Flight Compensation that FlightRepay has not actually received. The receipt or holding of funds by FlightRepay (including, for the avoidance of doubt, amounts collected on your behalf under an Authority Document) does not create any trust, charge, agency for money-holding purposes, or fiduciary relationship between you and FlightRepay, and FlightRepay may use funds in its accounts in the ordinary course of its business pending payment of amounts due to you in accordance with clause 11.8.
11.20A payment is treated as received in respect of your Claim only when FlightRepay has both (a) received the funds in accordance with clause 11.9, and (b) been reasonably able to identify the payment as relating to your Claim — whether from the payer’s identity, the payment reference, your claim or booking reference, the passenger name, the amount, a remittance advice, accompanying correspondence, or a combination of these. You acknowledge that Airlines may make payments in aggregate covering multiple claims, with incomplete, incorrect or missing references, or in amounts that do not correspond to individual claims. FlightRepay will use reasonable endeavours to identify and allocate incoming payments promptly, and may request further information from the Airline, its bank, or you for that purpose. Any period within which FlightRepay must account or pay under these Terms (including under clause 11.8) runs from identification and allocation of the relevant payment, and FlightRepay is not liable for delay in accounting or payment to the extent attributable to a payment being unidentified, misreferenced or unallocated for reasons not caused by FlightRepay, including references omitted or garbled by the Airline or its bank, or inaccurate details provided by you.
11.21Where an Airline makes a single or aggregated payment (including under a collective or joint settlement pursuant to clause 10.8) which does not specify the amount attributable to each claim, FlightRepay will allocate the payment among the relevant claims in good faith, by reference to the terms of the settlement where they exist, and otherwise pro rata to the respective amounts claimed. FlightRepay’s allocation is final and binding save in the case of manifest error, and your fees and your share are calculated on the amount so allocated to your Claim.
12.1This clause 12 applies if you are a consumer: an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession.
12.2You have the right to cancel the Agreement within 14 days of the day on which the Agreement is formed (clause 5.2), without giving any reason and without charge, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
12.3To exercise the right to cancel, you must inform FlightRepay of your decision by a clear statement (for example a letter sent by post, or an email, quoting your claim reference) sent to: Foxted Limited, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ, email: support@flightrepay.com, before the cancellation period expires. You may use the model cancellation form at Schedule 1, but you are not obliged to. It is sufficient that you send your cancellation notice before the 14-day period expires. We will acknowledge receipt of your cancellation without delay.
12.4By signing the Form you expressly request that FlightRepay begins providing the Compensation Service during the cancellation period, and you acknowledge that:
12.4.1if you cancel within the cancellation period after performance has begun, you must pay an amount proportionate to the services performed up to the time you informed us of your cancellation, in comparison with the full coverage of the Agreement; and
12.4.2if the service has been fully performed within the cancellation period — in particular where FlightRepay has informed you that the Airline has accepted the Claim, or Flight Compensation has been recovered — you lose the right to cancel, and the fees under clause 11 remain payable, because in that event we have completed the service you requested.
12.5For the purposes of clause 12.4.1, the parties agree that the substantial part of the value of the Compensation Service lies in the assessment of the Claim and the preparation and submission of the payment request to the Airline. Accordingly, where FlightRepay had submitted the payment request to the Airline before you cancelled, and Flight Compensation is paid (whether to you or to FlightRepay) within 90 days after your cancellation in response to that request or otherwise as a result of steps taken by FlightRepay before cancellation, the proportionate amount payable under clause 12.4.1 shall be an amount equal to the Service Fee, calculated on the Flight Compensation so paid. In any other case, no amount shall be payable on cancellation under this clause 12.
12.6On receipt of a valid cancellation under this clause 12, FlightRepay will promptly notify the Airline that it no longer acts in relation to the Claim and, where the Claim had been assigned to FlightRepay, will provide you with the Reassignment Agreement and complete the reassignment free of charge and without undue delay. Clause 15.4.3 applies to the conduct of the Claim, including limitation periods, after reassignment.
12.7If you cancel under this clause 12, FlightRepay will reimburse any payment received from you (there is usually none, given clause 11.1) without undue delay and in any event within 14 days of receiving your cancellation notice, using the same means of payment you used, without charge, subject to any amount payable under clauses 12.4 and 12.5.
12.8After the 14-day period has expired, you may still end the Agreement in accordance with clause 13.
13.1The Agreement continues until the earliest of the following:
13.1.1the Claim has been settled or concluded, you have received the Flight Compensation due to you, and all amounts payable by you to FlightRepay, if any, have been paid;
13.1.2FlightRepay has determined, in its Discretion and after due assessment, that further pursuit of the Claim lacks reasonable prospects of success, or that further pursuit of the Claim (including by Legal Action) would not be commercially proportionate or economically viable for FlightRepay, and has notified you of that determination, in which case the Claim will be closed and no fee will apply; or
13.1.3termination under this clause 13.
13.2Either you or FlightRepay may terminate the Agreement at any time, for any reason, by written notice to the other.
13.3FlightRepay may terminate the Agreement with immediate effect if: (i) you are in material breach of your obligations under these Terms (including clauses 6 and 7); or (ii) you have provided incorrect or misleading information, engaged in fraud, or engaged in activities that FlightRepay reasonably suspects to be misleading or fraudulent — in which case you will not be entitled to any Flight Compensation recovered, and FlightRepay reserves the right to claim its losses arising from your breach.
13.4FlightRepay may withdraw from the Compensation Service at any time if it identifies obstacles beyond its control that prevent or impede recovery, including Airline insolvency, court closure, regulatory or governmental measures, or the value of the Claim being uneconomic to pursue. In such cases FlightRepay will notify you and close the Claim, and no fee will apply.
13.5On termination of the Agreement for any reason, you must pay without delay any fees and amounts already payable to FlightRepay under these Terms — including, without limitation, where you terminate after the Airline has confirmed payment of the Flight Compensation, or after Flight Compensation has been recovered and disbursed.
13.6Termination does not affect rights and obligations accrued before termination. FlightRepay’s entitlement to its (success-based) fees survives early termination of the Agreement in accordance with this clause 13.
13.7FlightRepay will not automatically reassign the Claim to you on termination or Withdrawal. If you wish the Claim to be reassigned, you must request reassignment, and clause 14 applies. However, where the Claim was assigned to FlightRepay and the Agreement ends at FlightRepay’s initiative under clause 13.1.2, 13.2 or 13.4 (and not for your breach), FlightRepay will, on your request, provide the Reassignment Agreement and complete the reassignment free of charge and without undue delay, so that you may pursue the Claim yourself. You remain responsible for the further conduct of the Claim after reassignment, including any applicable limitation or time-bar periods (clause 15.4.3).
13.8If you withdraw from the Compensation Service (other than under clause 12 within the cancellation period, or on account of FlightRepay’s material breach) after the Compensation Service has commenced, or if FlightRepay terminates for your breach under clause 13.3, FlightRepay shall be entitled to recover from you:
13.8.1where Legal Action has been commenced, the Legal Costs incurred by FlightRepay; or
13.8.2an amount equal to the Legal Costs which, following your withdrawal, FlightRepay is ordered by a court or judicial authority to pay to the Airline; or
13.8.3where you subsequently obtain Flight Compensation for the Claim directly from the Airline, the Service Fee and, where Legal Action had been commenced, the Legal Action Fee.
14.1The Claim may be reassigned to you either at your request or on FlightRepay’s initiative. In each case this will be done in writing, by you and FlightRepay signing a Reassignment Agreement. On your request, FlightRepay will send you the Reassignment Agreement for signature.
14.2Where you have signed an Authority Document rather than an Assignment Agreement, you may revoke the authority granted by written notice to FlightRepay, subject to clauses 13.5 to 13.8.
14.3Reassignment or revocation is without prejudice to rights and obligations accrued before it takes effect, including FlightRepay’s entitlements under clauses 11 and 13.
15.1Nothing in these Terms excludes or limits FlightRepay’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited. Nothing in these Terms affects your statutory rights as a consumer, including under the Consumer Rights Act 2015, and each exclusion and limitation in this clause 15 applies only to the fullest extent permitted by applicable law. Each provision (and each limb of each provision) of this clause 15 is separate and severable, and clause 20.4 applies to each of them individually.
15.2FlightRepay draws on many sources of information and data in providing the Services. Although FlightRepay endeavours to provide accurate information, the Services may be subject to omissions and errors, and the Services and our website are provided “as is” and “as available”. To the fullest extent permitted by law, and subject to clause 15.1, FlightRepay disclaims all warranties, conditions and terms, whether express or implied, statutory or otherwise, including any implied warranties of satisfactory quality, merchantability, non-infringement of third-party rights, accuracy of information, and fitness for a particular purpose.
15.3FlightRepay makes no representation or warranty that the Services will result in Flight Compensation, that any Claim will succeed in whole or in part, that any particular strategy, jurisdiction or timetable will be adopted, or that the Services or the website will meet your requirements or be secure, free of viruses or other harmful components, timely, uninterrupted, accurate, complete or reliable. The Information Service and the contents of our website (including any compensation calculator) are provided for general information only, do not constitute legal, financial or other professional advice, and must not be relied upon as such. You acknowledge and agree that your use of the Services is at your own risk.
15.4FlightRepay assumes no responsibility, duty of care or fiduciary duty to you beyond the contractual obligations expressly set out in these Terms. Without limiting the generality of the foregoing, and subject to clause 15.1, FlightRepay assumes no responsibility for, and shall have no liability in respect of:
15.4.1any decision made in the exercise of its Discretion under clause 9, including a decision not to pursue, to discontinue, to settle, or to close a Claim;
15.4.2the outcome of any Eligibility Check or preliminary assessment, which is indicative only and creates no obligation or liability;
15.4.3any Claim, or part of a Claim, becoming time-barred or otherwise unenforceable (i) before the Agreement is formed, (ii) after termination of the Agreement, reassignment of the Claim, or revocation of authority, or (iii) as a result of your failure to provide information or documents requested under clause 7 — monitoring and protecting limitation periods outside the subsistence of the Agreement is your responsibility;
15.4.4claims, rights or losses of Fellow Passengers, except to the extent FlightRepay has expressly agreed to pursue their Claims under the Agreement and subject always to the remainder of this clause 15;
15.4.5the acts, omissions, insolvency or conduct of the Airline, of any court, enforcement body or ADR body, or of any bank or payment provider; and
15.4.6the acts or omissions of Nominated Lawyers, who provide their services under their own professional duties and (where retained by you) under a separate retainer with you, provided that this clause 15.4.6 does not exclude FlightRepay’s own obligations under clause 10.5.
15.5Subject to clause 15.1, FlightRepay and its Group Companies shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, strict liability or otherwise, for: (a) any indirect, punitive, incidental, special or consequential losses or damages; (b) loss of profit, loss of income or revenue, loss of business, business interruption, loss of business opportunity, or loss of goodwill (in each case where the loss arises in a business context); (c) loss or damage that is not a foreseeable result of FlightRepay breaking the Agreement or failing to use reasonable care and skill; or (d) loss or damage arising out of or in any way related to (i) delay in or inability to access the Services, (ii) viruses, bugs, trojan horses, software, information, third parties’ linked websites or services obtained through the use of our Services, or (iii) any other matter relating to the Services, in each case even if FlightRepay, its Group Companies or any of its suppliers has been advised of the possibility of such damages.
15.6Subject to clause 15.1, FlightRepay is not liable for loss or damage arising from: (a) inaccurate, incomplete or misleading information or documents provided by you, or your breach of these Terms; (b) your dealings with the Airline in breach of clause 6.4, including any settlement you conclude directly with the Airline; (c) the payment matters set out in clauses 11.9 to 11.14; or (d) events beyond FlightRepay’s reasonable control (clause 11.17 applying with equal effect to performance of the Services generally).
15.7Subject to clause 15.1, the total aggregate liability of FlightRepay and its Group Companies to you and all Fellow Passengers, taken together, under or in connection with the Agreement (whether in contract, tort (including negligence), breach of statutory duty or otherwise), shall not exceed the amount of the Flight Compensation recovered or, if none has been recovered, the amount of the Flight Compensation claimed in respect of the Claim.
15.8You shall indemnify FlightRepay and its Group Companies and hold them harmless against all losses, liabilities, costs (including reasonable legal costs) and expenses arising out of or in connection with: (a) your breach of clauses 4, 6 or 7 (including double instruction, dealing with the Claim, direct settlement with the Airline, or false, misleading or incomplete information); (b) any claim by a Fellow Passenger arising from your lack of authority to act for them or your failure to forward amounts under clause 7.8; and (c) any fraudulent or unlawful conduct on your part in connection with the Claim. If you are a consumer, your liability under this indemnity is limited to losses that are a foreseeable result of the relevant breach.
15.9The protections, exclusions and limitations in this clause 15 apply for the benefit of FlightRepay and, to the same extent, for the benefit of its Group Companies, and its and their officers, directors, employees and agents, each of whom may rely on this clause 15 pursuant to clause 20.6. Save for your rights under clause 15.1 and your statutory rights, no such individual shall have any personal liability to you in connection with the Services.
15.10If you are not satisfied with any part of the Services or with these Terms, your remedies are cancellation (clause 12), termination (clause 13), the remedies preserved by clause 15.1, and your statutory rights.
16.1Our Services and website may contain links to third-party websites or interfaces to services provided by third parties. Such websites and services are controlled by independent parties over which FlightRepay has no control, and a link or interface does not constitute sponsorship, affiliation or endorsement.
16.2If you access third-party websites or use third-party services made available through our Services, you do so at your own risk and subject to those third parties’ terms and policies, which we encourage you to review. FlightRepay is not a party to any agreement you conclude with such a third party and, subject to clause 15.1, is not responsible for such third parties’ acts, omissions, services or content.
17.1FlightRepay processes personal data in accordance with UK data protection law, including the UK GDPR and the Data Protection Act 2018, and with our Privacy Policy at https://flightrepay.com/privacy. All personal data collected during, or in connection with, the provision of our Services is subject to the Privacy Policy.
17.2In summary and without limiting the Privacy Policy: we process your data, and the data of Fellow Passengers submitted by you, to assess and pursue the Claim, which includes sharing it with the Airline and its representatives, Nominated Lawyers, Engaged Third Parties, courts, enforcement bodies and ADR bodies, in the United Kingdom and abroad, as necessary for the Claim; and you confirm you have the consent of Fellow Passengers to that processing.
18.1FlightRepay may communicate with you, and give any notice under the Agreement, electronically, including by email to the address you provided and through any personalised dashboard. You must keep your contact details up to date. Notices to FlightRepay should be sent to 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ or support@flightrepay.com, quoting your claim reference.
19.1If you are unhappy with our service, please contact us at complaints@flightrepay.com. Our Complaints Procedure, including the timescales within which we will acknowledge and respond to your complaint, is published at https://flightrepay.com/complaints.
19.2FlightRepay does not participate in a consumer arbitration or ADR scheme in respect of complaints about FlightRepay’s own services and prefers to resolve issues with you directly.
19.3You are free at any time (before instructing us, or after reassignment) to pursue your claim by other routes, including: a claim made directly to the Airline; instructing a solicitor of your choice; court proceedings, including under the small claims track (and, for cross-border EU claims, the European Small Claims Procedure where applicable); any aviation ADR scheme approved by the Civil Aviation Authority of which the Airline is a member (such as CEDR or AviationADR); or the CAA’s Passenger Advice and Complaints Team (PACT) where no ADR scheme applies.
20.1Variation. FlightRepay may amend these Terms from time to time, including to reflect new features of the Services. The latest version will always be available on our website. The version of these Terms in force at the time your Agreement is formed applies to that Agreement, unless a change is required by law or regulation, or benefits you, or is agreed with you; any other change to your existing Agreement requires your consent.
20.2Assignment. You may not transfer your rights or obligations under the Agreement without FlightRepay’s prior written consent (which will not be unreasonably withheld). FlightRepay may transfer its rights and obligations under the Agreement to any Group Company or to a successor to its business, provided this does not reduce your rights or increase your obligations under the Agreement.
20.3Entire agreement; no reliance. The Agreement is the complete and exclusive statement of the parties’ agreement on its subject matter and supersedes all prior communications (oral or written) between you and FlightRepay relating to it. Each party acknowledges that in entering into the Agreement it has not relied on any statement, representation, assurance or warranty that is not set out in the Agreement — including, for the avoidance of doubt, any indication given in the Eligibility Check, on the website or by a compensation calculator as to the likelihood of success or amount of any compensation — provided that nothing in this clause excludes or limits liability for fraudulent misrepresentation.
20.4Severance. If any provision (or part of a provision) of these Terms or of any Form is held by any court or other competent authority in any jurisdiction to be invalid, unlawful or unenforceable, in whole or in part, then: (a) that provision shall, in that jurisdiction, be deemed modified to the minimum extent necessary to make it valid, lawful and enforceable while giving effect, as closely as possible, to the original commercial intention of the parties; (b) if such modification is not possible, the provision (or the relevant part of it) shall be deemed deleted in that jurisdiction; (c) any such modification or deletion shall not affect the validity or enforceability of that provision in any other jurisdiction, nor of any other provision of these Terms or the Forms, all of which remain in full force and effect; and (d) without limiting the foregoing, invalidity of the assignment shall not invalidate the power of attorney or authority, and vice versa, as further provided in the Assignment Agreement and Power of Attorney document.
20.5Waiver; cumulative remedies. Any failure or delay by FlightRepay in enforcing any provision of these Terms (in whole or in part) is not a waiver of its rights or remedies, and no single or partial exercise of any right or remedy precludes any further exercise of it or of any other right or remedy. Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
20.6Third party rights. Group Companies, Nominated Lawyers and Engaged Third Parties may rely on the protections and authorities expressly conferred on them by these Terms; otherwise, a person who is not a party to the Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
20.7Language. These Terms are drafted in English. If FlightRepay provides a translation of these Terms, the English version prevails in the event of any inconsistency.
20.8Survival. Termination or expiry of the Agreement for any reason does not affect any provision of these Terms which is expressly or by implication intended to continue in force, including clauses 1, 7.8, 7.9, 10.5, 10.6, 11, 13.5 to 13.8, 14, 15, 17, 20 and 21.
21.1These Terms, the Forms, and the Agreement, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), are governed by the law of England and Wales. This does not affect any mandatory consumer protections of the law of the country in which you are habitually resident, on which you are entitled to rely.
21.2The courts of England and Wales have jurisdiction over any dispute or claim, save that if you are a consumer resident in Scotland or Northern Ireland you may also bring proceedings in your country of residence, and nothing in this clause limits any mandatory jurisdictional rights you have as a consumer under the law of your habitual residence.
(Complete and return this form only if you wish to cancel the Agreement.)
To: Foxted Limited, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ, support@flightrepay.com:
I hereby give notice that I cancel my contract for the supply of the flight compensation service.