Preamble
These Terms & Conditions (“T&C”) form a legally binding agreement between (i) Compensair Ltd., a company registered in England & Wales (registered office: 160 Kemp House, City Road, London EC1V 2NX, United Kingdom) and (ii) any Website Visitor or Client (each, a “Party”; together, the “Parties”). Compensair collaborates exclusively with trusted professionals to secure the highest possible recovery of compensation or refunds from airlines. Depending on a Client’s specific
circumstances, Compensair selects the most appropriate strategy and service provider to expedite the claim. These T&C govern all information and services (including those delivered by Compensair’s partners) offered via www.compensair.com (the “Website”). Services are provided only after the Client has accepted these T&C.
1. Definitions
1.1 “Application” means the on‑line form completed by the Client on the Website containing the Client’s Personal Data.
1.2 “Case” refers to the Client’s claim for monetary compensation arising from a flight cancellation, delay, or other airline‑caused disruption.
1.3 “Client” means the passenger who enters into an Agreement with Compensair.
1.4 “Compensair Ltd.” has the meaning given in the Preamble.
1.5 “Compensation” is the sum payable by an airline to a passenger under applicable law for flight delay, cancellation, denied boarding or similar events.
1.6 “Partner” means any individual or legal entity that has entered into a contractual relationship with Compensair to provide services, marketing or information campaigns relating to Compensair’s service.
1.7 “Services” include, without limitation, access to information and consultancy such as flight, airline and airport data; advice on passenger rights and consumer‑protection laws; and partner‑provided services (e.g., intermediary financial services) agreed by the Parties.
1.8 “Service Fee” is the remuneration due to Compensair, calculated in accordance
with the Payment Policy.
1.9 “Website” means www.compensair.com and any partner sites hosting Compensair’s embedded (“iframe”) widget.
1.10 “Website Visitor” is any person who accesses the Website without becoming a Client.
Payment Policy, Privacy Policy and Cookie Policy form integral parts of these T&C.
2. General Terms
2.1 By accepting these T&C, the Client also accepts and is bound by the Privacy Policy, Cookie Policy and Payment Policy, each available on the Website.
2.2 In addition to the contractual relationship with Compensair, a Client may participate in Compensair marketing or bonus programmes. The applicable partner terms then form part of this Agreement. By enrolling, the Client authorises Compensair to share the Client’s personal data with the programme provider.
2.3 By entering into this Agreement, the Client represents that they have the legal capacity and authority to do so on their own behalf and, where applicable, on behalf of any co‑claimants named in the Application. If this representation is false, Compensair may terminate the Agreement with written notice.
2.4 By accepting these T&C the Client engages Compensair and its Partners to provide the Services.
2.5 The Client may withdraw from the Agreement within seven (7) calendar days of acceptance, unless Compensair has already submitted documents to the airline within that period.
2.6 The Client warrants that neither they nor any third party are currently pursuing the same Compensation and that no litigation is pending against the airline in respect of the Case. If this warranty is breached, the Client shall bear all court costs and legal fees arising from the duplicate claim.
2.7 Upon entering this Agreement the Client:
- Irrevocably authorises Compensair and its Partners to recover the Compensation, receive it into a Compensair bank account and deduct the Service Fee before onward transfer. Compensair may contact the airline on the Client’s behalf and use 3rd party services to create a virtual account in the Clients’ name for the purpose of receiving the compensation amount into that account (for details, please refer to MangoPay’s Terms and Conditions and Overview of the main changes for end users). The client authorises Compensair to act in the above way; and
- Undertakes not to pursue, litigate, start ADR procedure or assign the claim to any other party without Compensair’s prior written consent.
If the Client nevertheless receives any form of compensation (cash, voucher, free ticket, etc.) after instructing Compensair, they shall immediately pay to Compensair the agreed Service Fee.
2.8 From acceptance of these T&C the Client must forward to Compensair all correspondence pertaining to the Case and cease direct negotiations with the airline, redirecting any contact to Compensair.
2.9 If the Client receives any payment, voucher or other benefit from the airline or a third party after this Agreement takes effect, the Client must notify Compensair immediately and pay the Service Fee to the bank account designated by Compensair.
2.10 The Client shall provide Compensair with full, accurate and up‑to‑date information necessary to pursue the Case throughout the term of the Agreement.
2.11 — Termination of Agreement
2.11.1 The Agreement terminates once Compensation is successfully recovered and transferred to the Client less the Service Fee.
2.11.2 The Agreement also terminates if, after an in‑depth review, Compensair reasonably concludes that further pursuit of the Case would be futile and so advises the Client.
3. Rights and duties
3.1 Compensair shall assist the Client in negotiations with airline to recover Compensation in accordance with the law governing the Client’s flight.
3.2 Compensair shall keep the Client informed of all key milestones in the dispute‑resolution process.
3.3 Compensair is not obliged to provide the Client with copies of correspondence exchanged with third parties.
3.4 When Compensation is received, the net amount (after deduction of the Service Fee in accordance with the Payment Policy or relevant Partner terms) will be transferred from the balance to the Client’s designated bank account.
3.5 By submitting an Application, the Client delegates to Compensair all decision‑making relating to resolution of the Case.
3.6 Compensair may, at its sole discretion and in consultation with its legal service providers, decide whether to initiate legal proceedings. The Client will be notified at least seven (7) days before proceedings commence.
3.7 If legal action is taken, a contracted legal representative will act on the Client’s behalf. The Client authorises Compensair to share all relevant data with that representative and undertakes to supply any additional documents required.
3.8 The Client may withdraw instructions to initiate or continue legal proceedings at any time but must reimburse Compensair and its Partners for any legal costs already incurred.
4. Remuneration terms
4.1 The Client pays the Service Fee only if Flight Compensation is successfully collected.
4.2 Any funds (or in‑kind benefits) received from the airline or third parties after the Agreement is signed and relating to the Case are deemed to have been obtained through Compensair’s efforts.
4.3 Tourist vouchers or other service offers do not constitute Compensation. Acceptance of such offers is treated as the airline’s refusal to pay monetary Compensation.
4.4 Compensair may treat a partial payment as a refusal of Compensation. Whether to accept or reject such payment is at Compensair’s sole discretion, after careful examination of the Case. Where partial payment is accepted, the Client will receive the corresponding net amount.
4.5 If the Agreement is concluded via a Partner or other corporate arrangement, fee structure, payout options, currency conversion and related terms may differ in accordance with the specific services and individual agreement.
5 . Processing of Personal Data
5.1 Compensair collects, processes and stores Client personal data in compliance with United Kingdom data‑protection law, including the UK GDPR (retained Regulation (EU) 2016/679) and the Data Protection Act 2018.
5.2 Details of data processing are set out in the Privacy Policy, Cookie Policy and Payment Policy.
6. Final Provisions
6.1 Compensair may amend these T&C or introduce additional conditions at any time, except where such changes negatively affect the Client, in which case prior notice will be given.
6.2 Processing times indicated by Compensair are indicative. Time‑limits for airlines, regulators or courts lie outside Compensair’s control.
6.3 These T&C, the Agreement and any related documents are governed by the laws of England and Wales, unless expressly agreed otherwise in writing.
6.4 Any dispute arising from or in connection with these T&C, including their validity or termination, shall be submitted to the courts of England and Wales, which shall have exclusive jurisdiction.
6.5 If any provision of these T&C is held unlawful, invalid or unenforceable, the remaining provisions shall continue in full force and effect.
6.6 In the event of any discrepancy between the English version of these T&C and a translation, the English version shall prevail.