Unless the context of the Terms and Conditions of Services requires otherwise, the capitalized terms used in these Terms and Conditions of Services (“T&C”), shall have the meanings indicated below:

“Agreement” shall mean the agreement between the Client and CashMyClaim that is concluded after the Client got acquainted with and accepted T&C, which is signed by electronic means or in writing. Under the Agreement the Client assigns to CashMyClaim full ownership and legal title to his (her) monetary claim pursuant to Regulation (EC) No261/2004 of the European Parliament and of the Council of 11 February 2004 (establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancelation or long delay of flights, and replacing Regulation (EEC) No 295/91) or under any other international or national regulation applicable in respect of the Client in another country which establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancelation or long delay of flights, including all amounts related to the assignment as well as taxes and other amounts, when passengers are not able to fly or their flight was disrupted, and any other monetary compensation for lost or damaged baggage (“Assignment”).

Only where the Assignment agreement (form) is declared invalid or cannot be considered valid in the particular jurisdiction (country), the Agreement concluded between the Client and CashMyClaim shall be considered as a contract for services, according to which CashMyClaim administers Client‘s Assignment and undertakes to organize and finance the collection of the Assignment and to execute all other actions in relation to the Agreement.

“Claim” means any claim against a flight operating carrier (airline) for monetary compensation pursuant to Flight Compensation Regulation.

“Client” shall mean a person that has signed the Agreement, accepted T&C and is seeking Flight Compensation with the help of CashMyClaim.

“Electronic Identification Regulation” means Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.

“Flight Compensation Regulation” means Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 as well as any other international or national regulation applicable in respect of the Client in another country which establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancelation or long delay of flights, including all amounts related to the assignment as well as taxes and other amounts, when passengers are not able to fly or their flight was disrupted, and any other monetary compensation for lost or damaged baggage.

“Flight Compensation” means total amount of money paid by a flight operating carrier in relation to a Claim as compensation, settlement or gesture of goodwill, including all additional expenses compensated to the Client or CashMyClaim by free will and decision of an operating carrier after the Client has signed the Agreement and accepted T&C. To avoid any doubts, it shall be specified that the Flight Compensation does not include any legal fees, court fees, collection cost, interest, penalty or similar expenses incurred, which are paid by CashMyClaim during the entire collection process. Accordingly, all the amounts paid by CashMyClaim during the collection process must be refunded and paid exclusively for the benefit of CashMyClaim.

“Price List” shall mean Annex No 1 to these T&C specifying amounts of CashMyClaim remuneration.

“Privacy and Data Protection Requirements” shall mean all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice (if any) issued by the relevant supervisory authorities, and the equivalent of any of the foregoing in any relevant jurisdiction (whether mandatory or not).

“Legal Proceedings” shall mean a process when CashMyClaim files the Claim to a court, alternative dispute resolution institutions, aviation regulatory agencies, consumer protection agencies and/or governmental bodies or handling over the Claim to a contracted legal representative, such as an attorney or law firm.

“CashMyClaim” means "Kozeta Hoxha", a natural person registered with the Albanian National Business Center under the license number K41901013K, headquartered at Rr. Islam Alla, P. Edri, Ap. 13,Tirana, 1111, Albania.. 



1. AGREEMENT
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1. The Client accepts T&C (the Agreement) which is considered as the basis of any other documents to be concluded between the Client and CashMyClaim by free will.

2. CashMyClaim uses an online authentication service for advanced electronic signatures complying with requirements set forth in Article 26 of the Electronic Identification Regulation that is internationally recognized and accepted even by courts, so the Client should not have to print, sign and return the Agreement by registered mail.

3. By entering into an Agreement, the Client confirms that he (she) is authorized and has legal capacity to sign documents binding both CashMyClaim and the Client or, if applicable, has aright to sign on behalf of another person (e.g. a child).

4. The Client confirms that the Assignment of Flight Compensation has not been assigned to third parties and no legal dispute is pending or expected between the Client and the flight operating carrier on the same matter. The Client understands that by making Assignment he/she may not conclude the same and/or any similar agreement, including companies competing with CashMyClaim to act in the interest of the Client, take legal action in relation to collection of the Flight Compensation.

5. The Client undertakes to provide CashMyClaim with all data and/or information that is required for the collection of the Flight Compensation from the flight operating carrier.

6. CashMyClaim shall be entitled to accept only Flight Compensation and no travel vouchers and/or other services that maybe offered by the flight operating carrier shall be accepted.

7. By signing the Agreement and agreeing with T&C, the Client confirms that he (she) will not maintain any direct contact or accept the payment from an operating carrier.

8. The Client confirms and declares that T&C are a direct proof and expression of true will and to be respected by flight operating carriers. The Client agrees with CashMyClaim that all Flight Compensation payments made by operating carriers under CashMyClaim‘s Claims should be made directly to the bank accounts owned by CashMyClaim or other banka ccounts as agreed by CashMyClaim and the Client.

9. The Client also agrees that CashMyClaim will assist him (her) in the exercise of his (her) right to defend him (her) in the collection of the Flight Compensation. 



2. PURSUING OF THE CLAIM

1. Flight data in relation to the Claim may be submitted to CashMyClaim preferably via CashMyClaim’s website, mobile app, email and/or any other electronic or software solutions supported by CashMyClaim. After such data is received, CashMyClaim shall assess the merits of the flight and whether the Claim on the grounds of such flight data could be successful. If CashMyClaim estimates that the flight data provided by the Client is sufficient and Claim could be successful, CashMyClaim shall execute all necessary actions in relation to the collection of Client’s Flight Compensation according to the documents signed and approved by the Client.

2. Please note that the result of the assessment as provided in Section 2.1 above does not include any binding statement and does not guarantee successful enforcement of the Claim.

3. When the Agreement is concluded, CashMyClaim refers to the flight operating carrier with the Claim in order to reach settlement and avoid Legal Proceedings.

4. Provided the flight operating carrier refuses to satisfy the Claim after CashMyClaim has reached the respective carrier, CashMyClaim, at its own discretion, is entitled to initiate Legal Proceedings to pursue the Claim. CashMyClaim, at its own discretion, may initiate Legal Proceedings in other cases if the Flight Compensation recovery process would be more effective and (or) quicker this way.

5. During Legal Proceedings, the legal representative of CashMyClaim shall be granted access to all data provided by the Client to CashMyClaim in order to pursue the Claim. If third parties require any additional documents proving the powers of the legal representative, the Client, with the guidance of CashMyClaim, shall immediately provide to the legal representative with any of such documents. If, for the successful recovery of the Flight Compensation, it is necessary that the Claimis submitted by the legal representative (e.g. attorney at law) on the Client’s behalf, the Client will sign a respective agreement with the legal representative, and the Client’s monetary claim will be assigned back to the Client from the moment of conclusion of the respective agreement with the legal representative. In such a case, the Client and CashMyClaim will settle between each other according to the terms and conditions specified in these T&C and(or) other agreement concluded by and between the Client and CashMyClaim.

6. If, after assessing the merits of the Claim, the legal representative considers that pursuit of the Claim during Legal Proceedings is unlikely to succeed, the Client will be informed and CashMyClaim will pursue the Claim no further. Such notification of the Client shall mean that the collection of the Flight Compensation has ended and full ownership and legal title to the Assignment is automatically returned to the Client without conclusion of additional agreements.

7. If Legal Proceedings are initiated to pursue the Claim, the Client shall be exempt from any costs incurred in the event the Claim is not upheld. In the case of success or settlement in the Legal Proceedings, CashMyClaim shall cover any costs incurred that are not covered by the respective flight operating carrier. Provided that the Claim is successful and the Client receives the Flight compensation, the Client agrees that all costs incurred by CashMyClaim and claimed from the flight operating carrier are paid to CashMyClaim.

8. The Client and CashMyClaim confirm their acknowledgment that CashMyClaim has sole discretion to accept and/or reject any settlement offer in accordance with experience with the respective flight operating carrier. The Agreement is considered as sufficient legal ground for such discretion to be effective. The Client is entitled to revoke this acknowledgment at any time and terminate all legal ties with CashMyClaim in accordance with the procedure provided in the T&C.

9. The Client acknowledges that the Claim handling may take considerable time and that CashMyClaim cannot influence how quickly the Claim can be asserted. 



3. FEES AND PAYMENT

1. Settlement in accordance with the procedure provided in these T&C for the Assignment is linked to the essential condition that the Flight Compensation is received i.e. paid to CashMyClaim’s or Client’s bank account. Upon payment of the Flight Compensation by the flight operating carrier CashMyClaim and the Client shall settle in accordance with the procedure provided in the T&C.

2. CashMyClaim pursues the Claim free of charge. Provided that 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 terms and conditions specified in the Price List. CashMyClaim and the Client may separately agree on another amount of remuneration and payment terms and conditions.

3. If settlement agreement with a flight operating carrier is not reached regarding the Claim or in other cases, when, in CashMyClaim’s opinion, Flight Compensation recovery process would be more effective and (or) quicker, CashMyClaim is entitled to commence Legal Proceedings, which will result in the increase of the part of the Flight Compensation belonging to CashMyClaim, as specified in the Price List.

4. The Client confirms his (her) acknowledgement that parties to the Agreement may set-off their counter-claims.

5. If the Client fraudulently provides incorrect or incomplete data and CashMyClaim incurs additional costs due to that, the Client shall reimburse such costs to CashMyClaim, within a period of 10 (ten) days after receipt of CashMyClaim’s invoice.

6. As the registered office of CashMyClaimis is located in the Republic of Albania, the amount of value added tax (VAT) (if applicable) to be paid is determined by the laws of the Republic of Albania.

7. If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to CashMyClaim, CashMyClaim is entitled to deduct all additional costs incurred by CashMyClaim. If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and (or) it is returned to CashMyClaim, and the Client, after reminders and reasonable endeavors from CashMyClaim to contact the Client by means provided by the Client to CashMyClaim, does not amend or provide information needed to pay the agreed part of the Flight Compensation, CashMyClaim is entitled to keep the part of the Flight Compensation that otherwise should have been paid to the Client.

8. The Client has the option to receive their part of the Flight Compensation either via bank transfer or cash (using one of CashMyClaim's partner cash transfer services). In any case, all transfer/transaction fees are deducted from the Client‘s part of the Flight Compensation.

9. To save transaction costs, in case of shared booking or in other cases (e.g., parents get paid for children), CashMyClaim shall transfer all payments to a single account. A person, which received money for other persons, is obliged to settle with them, and, in such case, CashMyClaim does not take the risk of non-payment.

10. CashMyClaim shall not be liable for any checks, prepaid debit cards, credit cards and similar means which are lost by the Client as well as for any effect of the Client giving wrong payment information.

11. When it is mandatory, CashMyClaim shall provide an electronic invoice or another document via email.

12. CashMyClaim shall not be liable for any failure to pay the agreed Flight Compensation due to circumstances which are beyond its reasonable control, including, but not limited to strike, lock-out, labor dispute, act of God, war, riot, compliance with a law or governmental order, rule, regulation, etc.

13. Flight Compensation and any other payments will be made by CashMyClaim only to final beneficiaries with the right to claim Flight Compensation. CashMyClaim shall not pay Flight Compensation and (or) any other payments to intermediaries, agencies, representatives and (or) other third parties which, together with the request for payment of the Flight Compensation do not provide any specific written proof clearly and unambiguously confirming the authority to accept payments on behalf of the final beneficiary. In case of any doubt regarding the right to receive payments, CashMyClaim has the right to request additional proof confirming the right to accept payments on behalf of the final beneficiaries and (or) unilaterally refuse to pay the Flight Compensation directly to such person. 



4. COOPERATION BY THE CLIENT

1. The Client warrants that data and information provided by the Client to CashMyClaim in relation to the Claim is correct, complete, true and not misleading. The Client shall keep CashMyClaim indemnified for any claims which arose due to incorrect information provided by the Client and/or lack of cooperation or improper cooperation by the Client.

2. Before engaging in the services of CashMyClaim, the Client has not disposed of the Assignment in any other manner, nor has engaged any third party to enforce the Claim.

3. The Client shall with or without a specific request provide CashMyClaim with all the data and documents that are required for processing the Claim, e.g. copies of identity documents, electronic ticket, boarding pass, delay notification, correspondence with the flight operating carrier.

4. If the Client receives any payment or any other type of Flight Compensation, e.g. flight voucher, from the flight operating carrier after engaging CashMyClaim’s services, the Client is obligated to inform CashMyClaim immediately. In such case, the Client shall be obliged to pay CashMyClaim the remuneration, indicated in Section 3.2 or 3.3, in 10 (ten) days from the day the Flight Compensation is received from the flight operating carrier to the bank account provided in CashMyClaim’s website or any other bank account provided by CashMyClaim in a written form.

5. If the Client provides incorrect or incomplete data or if the Client withheld from CashMyClaim that the Client has already received the Flight Compensation from the flight operating carrier for the respective Claim and CashMyClaim is not able to collect the Flight Compensation or losses through the Legal Proceedings, CashMyClaim reserves the right to assert its claim against the Client for the resulting damage. 



5. TERMINATION AND WITHDRAWAL

1. The Agreement is terminated immediately:
– when CashMyClaim considers that the Claim may not be successful after conducting an in-depth review of the Claim and the Client is informed regarding such decision; or
– in case of incorrect data/information and fraudulent conduct by the Client upon decision by CashMyClaim; or
– if within 14 (fourteen) days since the conclusion of the Agreement, the Client, without stating any reasons, submits a withdrawal notice by email.

2. In any case, in the case of termination of the Agreement by the Client after contractual work has already been performed or after CashMyClaim and/or legal representatives have commenced Legal Proceedings, CashMyClaim is entitled to charge the Client administration costs as well as other costs incurred, court fees, costs of services, bailiff’s costs, extrajudicial costs, authorized representative’s fees, additional fees and other costs incurred. The Client shall pay the amounts indicated in this Section within 10 (ten) days after the receipt of CashMyClaim’s invoice.

3. If the Client is a consumer pursuant to EU-consumer regulations, i.e. acts outside the scope of business, it has the statutory right of withdrawal from the Agreement at the same time returning full ownership to his (hers) Assignment. The Client is entitled to terminate the Agreement with a written notice served to CashMyClaim 5 (five) days in advance. In case the Agreement is terminated by the Client, CashMyClaim is entitled to reimbursement of the costs. 



6. FINAL PROVISIONS

1. CashMyClaim is authorized to alter T&C and set forth additional conditions at any time and without notice, however shall put efforts for the Client to be updated with any such alterations. If any such alterations are negative from the Client’s perspective, the Client shall have to approve such alterations in order for amended T&C to be applied to the respective Client.

2. The laws of the Republic of Albania apply to the T&C, the Agreement and/or any other document concluded in relation to the T&C and the Agreement, except if otherwise agreed in the specific document. The Client (consumer) is also entitled to claim protection under mandatory provisions provided by the laws of the country where the Client resides.

3. CashMyClaim will use the Client’s and, if applicable, its employees’ personal data exclusively for enforcing the Claim. Any and all information regarding the extent and form of data collection, storage and usage of personal data can be found in CashMyClaim’s privacy policy.

4. In the case the Client is a legal entity, it warrants and represents that:
– the personal data provided by such to CashMyClaim has been collected and is to be provided to CashMyClaim at all times in accordance with the Privacy and Data Protection Requirements;
– for the purposes of this Agreement, CashMyClaim will be acting as a data processor, rather than as a data controller (as they are understood under the Privacy and Data Protection Requirements), in respect of all such data processing activities which CashMyClaim may carry out under this Agreement.

5. Any dispute, controversy or claim, arising out of or relating to the T&C, its breach, termination or validity shall be finally settled in the respective court of the Republic of Albania, subject to the rules of jurisdiction unless mandatory provisions of law specify otherwise.

6. If any provision of T&C is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the other provisions of T&C will remain in full force and effect. Any provision of T&C held to be illegal, invalid or unenforceable only in part, or to a certain degree, will remain in full force and effect to the extent that it is not held illegal, invalid or unenforceable. CashMyClaim will amend T&C by replacing such illegal, invalid or unenforceable provisions with legal, valid and enforceable provisions that would produce the result as close as possible to the intentions of CashMyClaim and the Client. CashMyClaim will put all its efforts into ensuring the implementation of all the provisions hereof.

7. In case of discrepancies between the English version of T&C and any other language, the English text shall prevail.



Annex No 1 – Price List

1. To access the Price List click here.