Stop Delay
  • Stop Delay

    en

    • Stop Delay

    Terms and Condition

    These Terms and Conditions (the “T&C”) constitute the legally binding agreement between a client and StopDelay concerning the provision of our services.

    • 1. INTERPRETATION:

    The following words and expressions have the following meanings.

    Agreement: Agreement between the Client and StopDelay that is concluded after the Client reads, understands, and accepts Terms and Conditions, which is signed by electronic means or in writing. The client assigns legal title to his/her monetary claim under Regulations (EC) No 261/2004, International or National regulations governing the client in another country which establishes rules and regulations on compensation for infringement of passengers rights by Airlines

    Airline: Commercial airline that operated the flight for which the services herein are been provided

    Claim: Any claim against an airline for monetary compensation, damages, refunds, or an Airline’s goodwill.

    Client: A person who has signed the Agreement and accepted the Terms and Conditions for the pursuit of Air Service Compensation.

    Conditional fees: The fees that are conditional to the client receiving flight services compensation.

    Flight Compensation: Total amount of money paid by the Airline in settlement of a claim or gesture of goodwill including all additional expenses compensated to the client or StopDelay by free will and decision of an Airline after the client has signed the agreement and accepted the T&C. Flight compensation does not include legal costs, collection fees, interest, penalty or other costs that have been pre-financed by StopDelay during the collection process. All the amounts paid by StopDelay during the entire collection process must be refunded and paid exclusively for the benefit of StopDelay.

    Compensation Service: The service where StopDelay pursues a Claim on your behalf.

    Eligible Claim: This claim has been assessed and determined to be a claim that StopDelay can pursue on your behalf.

    Eligibility Service: Service provided by StopDelay to determine whether a claim is an eligible claim.

    Goodwill Claim: This is where StopDelay makes a request to an Airline for flight Compensation in the absence of developed Air Passenger Rights Regulations.

    Information Service: Provision of flight information, airline information, other travel rights, and information about air passenger rights.

    Legal action: a process when StopDelay files the Claim to a court, alternative dispute resolution institutions, aviation regulatory agencies, consumer protection agencies, and/or governmental bodies or handles the Claim to a contracted legal representative, such as an attorney or law firm.

    Legal Costs: All fees incurred in furtherance of a legal action including attorney fees, and court fees among others.

    Legal counsel: An attorney at law and or law firm that StopDelay has contracted legal services including the institution of legal proceedings with regard to the claim

    Our fees: Charges referred to in Annex 1 of these Terms & Conditions specifying the cost of services offered by StopDelay.

    Service fees: The amounts that StopDelay charges for the work that it does on the client's claim.

    • 2. NATUREOFSERVICES

    2.1. StopDelay facilitates the processing of claims on behalf of passengers by Airlines where there has been a breach of their rights.

    2.2. Stopdelay does not provide legal services. However, it may engage with consultant lawyers or attorneys to provide its service.

    • 3. AGREEMENT

    3.1. StopDelay utilizes a globally recognized online authentication service for advanced electronic signatures, meeting the standards laid down in Article 26 of the Electronic Identification Regulations. This ensures that the client can securely sign the agreement electronically without the need for physical printing, signing, and registered mail return.

    3.2 The Client accepts the Terms & Conditions (The Agreement) and agrees to be bound by them, any additional terms applicable to the Services selected.

    3.3. By entering into this agreement, the client affirms their legal capacity to bind both StopDelay and themselves, or to sign on behalf of a third party (e.g. a child).

    3.4. The client confirms that he/she has not issued the instruction to any other company to seek compensation on his/her behalf on the matter which is the subject of this agreement. Further, there are no pending or expected disputes between the Client and the Airline on the same matter.

    3.5 The Client understands and agrees that by entering into this agreement he/she may not enter into the same or any other similar agreement, including companies with competing interests with StopDelay to act in the interest of the Client or take legal action in relation to the collection of the Flight Compensation.

    3.6. The client undertakes to provide all the necessary documents and information to assist the company in seeking compensation from the airline.

    3.7. The client confirms that he/she shall not communicate directly or receive any direct payment or any other compensation from the Airline concerning the subject matter of this agreement.

    3.8. Any payments received or from the Airline after entering into this agreement shall be considered as Flight Compensation. StopDelay shall be entitled to receive service fees and legal fees if it had filed legal proceedings before the client received the payment directly from the airline.

    3.9. The client confirms that he/she has authorized StopDelay to receive any payment of compensation through the Bank accounts belonging to Stop Delay.

    3.10. The client hereby confirms that he/she has authorized StopDelay to represent him/her in pursuing and collecting Compensation from the Airline.

    • 4. ELIGIBILITY & INFORMATION SERVICE

    4.1. Upon receipt of your acceptance of the T&C and all the accompanying documents, StopDelay will determine whether you have a valid claim through the Eligibility and Information service.

    4.2. This service is provided at no cost and does not constitute an offer to provide you with any other service including seeking compensation on your behalf.

    4.3 It is important to note that the result of the assessment as provided in 4.1 above does not include any binding statement and does not guarantee successful enforcement of the claim.

    • 5. COMPENSATION SERVICE

    Submitting the form:

    5.1. If StopDelay determines that the claim is worth pursuing, the client shall be required to submit a duly signed form containing the following:

    5.1.1. An unequivocal agreement to receive compensation service

    5.1.2. Affirmation that the Client has not instructed a third party to act on his/her behalf concerning the same subject matter. Further, there are no expected pending disputes on the subject matter with the Airline.

    5.2. Once this form has been submitted the client shall not instruct or authorize any other party to pursue compensation on their behalf.

    Pursuing the Claim:

    5.3. StopDelay shall give a written notice to confirm their intention to pursue Compensation on your behalf.

    5.4. The client shall provide StopDelay with all necessary information and data to aid in the pursuit of compensation. This information can be submitted to StopDelay via website, mobile app, email, and or any other electronic or software solutions supported by StopDelay.

    5.5. The client warrants that all the information provided for purposes of pursuing the claim is correct and complete.

    5.6. Once this is concluded, StopDelay will contact the Airline with the claim to settle. If compensation is paid, the client will be required to pay the service fee.

    5.7. The compensation due to the client upon deduction of service fees and legal costs where necessary will be done in the Client’s bank account within 10 days from the date of receipt of payment from the Airline.

    5.8. If the Airline refuses to satisfy the claim within a reasonable period after receiving the claim, StopDelay will contact the Client and explain to them the options available. The client shall thereafter advise StopDelay on their choice as to the next cause of action. Once the client has given consent to proceed and file a lawsuit, StopDelay shall proceed and instruct a legal representative on the same.

    5.9. In the event legal proceedings are instituted the Client gives unequivocal consent to StopDelay sharing the data to commence the legal proceedings.

    5.10. The Client further undertakes that where there is further documentation required for legal representation, the Client shall immediately provide to the legal representative such information.

    5.11. StopDelay will cover all legal costs associated with instituting legal proceedings to pursue the claim. These legal costs will be recovered from the settlement once the claim succeeds. Further StopDelay will request the court to award costs of the suit to StopDelay to be paid by the Airline. The client agrees that all legal costs paid by the Airline shall belong to StopDelay.

    5.12. In case the legal representative after assessing the claim by the client finds that the legal proceedings are unlikely to succeed, the client will receive communication of the same, and StopDelay will cease pursuing the claim.

    5.13 StopDelay shall have a limitation of two (2) years from the date of signing the agreement to pursue the claim and obtain compensation through negotiations with the Airline. This timeline may increase where legal proceedings have been instituted.

    • 6. SETTLEMENTS

    6.1. StopDelay may offer or accept from the Airline an individual or Collective Statement for flight compensation.

    6.2. The decision to accept or deny a settlement from the Airline rests solely on StopDelay whom you have authorized to claim compensation on your behalf.

    6.3. Settlement in this agreement is linked to the condition that the Flight Compensation is received by StopDelay or paid to the Client’s bank account.

    6.4 Upon payment of the flight compensation by the Airline, StopDelay, and the Client shall settle in accordance with this agreement.

    6.5 The client confirms that they shall provide correct data and that in case the client provides incorrect information and StopDelay incurs legal expenses the client shall reimburse.

    6.6 The client acknowledges that seeking compensation may take some time which is beyond the control of StopDelay.

    6.7 In the event that the Client receives Compensation directly from the Airline into his/her account, the Client shall transfer the agreed fees as per “Our Fees” to StopDelay within 10 days from the date of receipt. In case of breach of this Clause, StopDelay shall be entitled to institute legal

    proceedings against the client to recover the costs. The client shall bear all resultant costs.

    6.8. GOODWILL CLAIMS
    StopDelay may attempt to obtain flight compensation from states that lack Airline

    Service Regulations through a Goodwill Claim.

    • 7. FEES

    7.1 Our fees are the price list containing the charges that StopDelay receives in exchange for the Compensation Service offered to the Client.

    7.2 The Eligibility Service and Information Service is free of charge.

    7.3 StopDelay pursues the Claim free of charge. If the claim is successful and the flight compensation is received, the agreed part of the flight compensation will be paid to the client pursuant to the provisions in “Our Fees” The parties herein may separately agree on any other amount of remuneration and payment terms.

    7.4 The Client confirms his/her acknowledgment that parties to the Agreement may set off their counterclaims.

    7.5 If the Client fraudulently provides incorrect or incomplete information and or data, and StopDelay incurs additional costs due to that, the Client shall reimburse such costs to StopDelay

    7.6 Once StopDelay has obtained Flight Compensation, they shall send it to the Client’s bank account after deductions.

    7.7. In case a client provides incorrect payment information and StopDelay makes reasonable steps to contact the client through the contacts provided, StopDelay will keep the compensation.

    7.8. The Airline undertakes to transfer the Compensation less any legal expenses where necessary within a reasonable time.

    7.9 The client shall not be entitled to interest on the Flight Compensation.

    7.10 Since the registered office of Stopdelay is located in Israel the amount of Value Added Tax (VAT) (if applicable) is stipulated by the Laws of Israel in accordance with the legally acceptable rate.

    • 8. WITHDRAWAL & TERMINATION

    8.1. The Client may withdraw instructions within 3 days from the commencement of the Compensation service without any reason.

    8.2. The withdrawal must be through a written notice. The address to send the notice shall be as follows:

    Email: service@stopdelay.com,

    Website contact form: https://www.stopdelay.com/en/faq


    8.3. StopDelay may withdraw from the Compensation Service where there are

    challenges beyond its control.

    *Important Notice on Claim Irrevocability: Once the client has submitted all required documents, signed the agreement, and received confirmation from StopDelay that the claim is deemed potentially eligible for compensation, the instructions to pursue the claim become irrevocable. From this point, the client agrees not to withdraw their instructions or engage another party to pursue the same claim. This irrevocability is in effect regardless of whether the Airline has formally accepted the claim or not. The client acknowledges that by meeting these conditions, StopDelay commits resources and begins the process of claim pursuit, hence the need for this commitment from the client.

    • 9. TERMINATION

    9.1. This Compensation Service will terminate if:

    9.2. The compensation received from the Airline has been paid out to the client by StopDelay after deducting our service fee and any other necessary costs as outlined in the “Our Fees” document.

    9.3. The client gives written notice of termination as per Clause 8 above.

    9.4. By StopDelay if (i) the client breaches the agreement including the terms & conditions herein for compensation service and (ii) The client has provided incorrect information, engaged in fraud, or engaged in activities considered fraudulent.

    9.5. In case the client terminates this agreement after contractual work has been performed or legal proceedings have been instituted, StopDelay shall charge the client administration costs, legal expenses, and any other expenses incurred. These costs shall be reimbursed by the client within 10 days from the day of receiving the notice.

    9.6. The Client acknowledges that pursuing the claim may take considerable time and that StopDelay cannot influence how quickly the claim can be settled.

    • 10. DATA PROTECTION

    10.1. Our Privacy Statement shall govern all personal data collected for purposes of providing the services herein.

    • 11. GENERAL PROVISIONS

    11.1. If any provision is held to be invalid or unenforceable by a court of law, the other provisions of this Terms & Conditions will remain in full force and effect. If any provision of these Terms and Conditions is held to be invalid or unenforceable in part, the part that remains shall be enforceable.

    • 12. GOVERNING LAW

    12.1. The Terms and Conditions herein, the Agreement for the provision of Compensation Services, and all other associated documents shall be governed by the Laws of Israel.

    Updated – 2023-10-12