CONTRACT OF ADHESION
Absolute LLC which is later named AHelp24, on the one hand You hereinafter referred to as the Client, on the other hand, when jointly referred to hereinafter referred to as the «Parties», in accordance with the provisions of the legislation of the Russian Federation have concluded this accession Agreement (hereinafter — the Agreement) on the following: the Parties conclude this Agreement guided by the provisions of articles 421 («Freedom of contract») and 428 («accession agreement») of The Civil Code of the Russian Federation.
1. The subject of contract.
1.1. AHelp24 undertakes to provide the Client with a service which in accordance with Regulation (EC) no 261/2004 of the European Parliament and of the Council of the eleventh of February 2004 (establishing General rules on compensation and assistance to passengers in case of refusal to Board, cancellation or long delay of the flight and repealing Regulation (EEC) no 295/91) is aimed at protecting the rights of air passengers including monetary compensation, if for reasons beyond the control of the Client:
- — they were not able to land on the plane (received a «refusal to land»);
- — flight («flight») did not take place (there was a «cancellation» of the flight);
- — the flight, depending on the distance of the flight, was delayed for two, three, four hours or for a longer period (there was a «long delay» flight).
1.2. On the basis of this accession Agreement and the User agreement the Client:
- — alienates ownership of its monetary claim (including moral damages) in favor of AHelp24 under Regulation (EC) no 261/2004 of the European Parliament and of the Council of the eleventh of February 2004. (establishing common rules in the field of compensation and assistance to passengers in case of denied boarding, cancellation or long delay of flights and repealing Regulation (EEC) no 295/91) or in accordance with any other subject of the application in relation to the Client the same or similar in nature to the national legal act of a particular state, establishing common rules in the field of compensation and assistance to passengers in case of denied boarding, cancellation or long delay of flights.
- — agrees and confirms that AHelp24 represents the interests of the Client in negotiations with the airline for the purpose of pre-trial and/or judicial settlement of requirements under Regulation (EC) no 261/2004 of the European Parliament and of the Council of the eleventh of February 2004 (establishing General rules on compensation and assistance to passengers in case of refusal to Board, cancellation or long delay of the flight and cancelling Regulation (EEC) no 295/91), including monetary compensation in case of refusal to Board, cancellation or long delay of the flight.
1.3. Agreement between AHelp24 and the Client is concluded with the departure of the Client Application on the test flight on the website www.AHelp24.ru and/or Application AHelp24.
2. The Terms of the Contract.
2.1. AHelp24 -«Absolut» (INN/KPP 7723493689/772501001; bin 5167746420133).
2.2. Client is any capable natural person who meets the requirements of this Agreement and sent a completed application form to check the flight on the website www.AHelp24.ru and/or in the AHelp24 Application.
2.3. The website is www.airhelp.ru.
2.4. The application of the AHelp24 or mobile application is a software application for various mobile and stationary devices which is the intellectual property of AHelp24.
2.5. User Agreement is the agreement between AHelp24 and the Client the text of which is posted on the website and in the application of regulatory relationships for the provision of AHelp24 and Client’s use of the service AHelp24.
2.7. Consent is a document authorizing and authorizing AHelp24 to represent the interests of the Client at all stages of pre-trial and judicial work.
2.8. Compensation is the amount of money paid by the airline to the Client whose rights have been violated.
2.9. The commission is fixed amount remuneration for AHelp24 obtained compensation for the Client.
2.10. Claim is air passenger’s claim for payment of monetary compensation by the airline on the basis of the European Regulation of the Parliament and the Council of the eleventh of February 2004 № 261/2004 and other legal acts on the rights of air passengers.
2.11. Application is a form completed by the Client on the website and/or in the AHelp24 Application with the client’s personal data.
2.12. Personal data is any information relating to an individual. Processing of personal data is any action (operation) or a set of actions (operations) performed with or without the use of automation tools with personal data, including the collection, recording, systematization, accumulation, storage, clarification.
3. Accession to the Treaty.
3.1. The contract is concluded from the date of sending the completed application form on the website www.AHelp24.ru and/or in the AHelp24 application. The agreement is necessarily accompanied by unconditional acceptance by the Client of all the terms of this Agreement and the User Agreement.
3.2. By entering into the Contract the Client represents, warrants and confirms that he:
- — speaks English at a level which is sufficient to read, understand the meaning and significance of the Agreement;
- — read the terms of the Agreement, understood the meaning of these documents, agrees with their content and undertakes to comply with their requirements, as well as understands all the consequences of their actions to join this Agreement and further use of The AHelp24 service;
- — provided to AHelp24 complete, valid and accurate personal data;
- — meets all the requirements of the Contract and the User agreement;
- — agrees with the processing of his personal data AHelp24 in accordance with the Agreement and the current legislation of the Russian Federation;
- — agrees that size caused AHelp24 losses resulting from the breach by Client of any of his warranties or obligations under this Agreement, shall be determined by AHelp24 in its sole discretion and unconditionally agrees to indemnify AHelp24 such damages.
3.3. Using the AHelp24 service the Client undertakes to comply with the requirements of the current legislation of the Russian Federation.
3.4. Familiarization with the terms of this Agreement made by the Client prior to use of the service AHelp24 and the text of the Agreement was available to the Client on the Website and/or Application AHelp24. The client who has not read the terms of this Agreement and the User agreement in a timely manner assumes all the risks associated with these adverse consequences.
4. Rights and obligations of the Parties.
4.1. The Rights of the Client.
4.1.1. The client is entitled to demand from AHelp24 performance of its obligations under the Contract.
4.1.2. The client has the right to use the AHelp24 service in accordance with the terms of the Agreement, the Annexes and the requirements of the current legislation of the Russian Federation.
4.1.3. The client is entitled to withdraw your consent to use the service AHelp24 by producing a written document that must be sent by AHelp24.
4.1.4. The client has the right at any time to change (update, Supplement) the personal information provided to them or its part.
4.1.5. The client has the right to withdraw his consent to the processing of personal data by sending a written notice to AHelp24 at least 30 (thirty calendar) days prior to the withdrawal of consent.
4.1.6. The client is entitled to withdraw from execution of this Agreement by notifying AHelp24. In this case the Client undertakes to fulfill all its obligations arising from the Contract and the User agreement.
4.2. Obligations of the Client.
4.2.1. The client undertakes to use the service of the Site and/or AHelp24 Applications without violating the requirements of the current legislation, the terms of this Agreement, as well as the terms of the User agreement.
4.2.2. The client undertakes to inform the AHelp24 Support service of any errors or problems encountered in the process of using the site service and/or the AHelp24 Application.
4.2.3. The client undertakes to keep secret the log in and password and also other data through which access to the site service and/or the AHelp24 Application on behalf of the Client can be obtained.
4.2.4. The client undertakes to keep personal information up to date. If this information changes the Client undertakes to change it in the Personal account.
4.2.5. In case of loss of log in, password or if there are grounds to believe that a third party has taken possession of this data (as well as other data), the client shall send a request to AHelp24 to block access to the personal account and then receive another password and also a log in for identification on the website and/or Application.
4.2.6. The client undertakes to inform AHelp24 in case of changing the mobile phone number and other personal data specified during Registration. The client shall bear all the risks of adverse consequences associated with the absence of such a message.
4.2.7. The client undertakes to independently monitor changes in the terms of the Agreement and its Annexes on the Website and/or in the AHelp24 Application.
4.2.8. The client undertakes not to use any technologies and not to take any actions that may harm the Website and/or Application of AHelp24 and interests of AHelp24.
4.2.9. The client undertakes to comply with other provisions of the current legislation of the Russian Federation, the provisions of this Agreement and the requirements of AHelp24.
4.3. Rights of AHelp24.
4.3.1. AHelp24 has the right to withhold funds for payment of the Client’s obligations to AHelp24 in accordance with the Agreement and the User agreement.
4.3.2. AHelp24 has the right to change the procedure and rules for using the AHelp24 service in compliance with the procedure provided for in this Agreement.
4.3.3. AHelp24 has the right to conduct various promotions and marketing campaigns with the placement of the terms and conditions of such promotions on the Website and/or in the AHelp24 Application.
4.3.4. AHelp24 has the right to make outgoing calls to the Client and send voice and other notification messages containing information on the status of the debt, other information relating to the provision of the AHelp24 service, information on changes in the terms of the Contract, new services, news and also advertising messages to the client’s mobile phone number specified during Registration and send all the above information to the client’s e-mail address specified during Registration.
4.3.5. AHelp24 is entitled in unilateral extrajudicial manner to refuse to execute the Contract in the event the Client breaches any of its obligations, representations and warranties stipulated by the Treaty of accession. In case if the Agreement shall be deemed terminated at the time of sending a notification to the Client via the AHelp24 application (sending a push notification) or sending SMS or via e-mail.
4.3.6. AHelp24 has other rights established by the Contract and arising from the substance of the obligations under the Contract.
4.4. Responsibilities of the AHelp24.
4.4.1. AHelp24 undertakes to represent the interests of the Client in negotiations with the airline for the purpose of pre-trial and/or judicial settlement of claims including monetary compensation (including for moral damage) in case of refusal of boarding, cancellation or long delay of the flight.
4.4.2. AHelp24 undertakes the preparation of required set of documents (claims, demands, statements, etc.) and its subsequent transfer for consideration of the airline and to other institutions including the judiciary.
4.4.3. AHelp24 agrees to provide Client non-exclusive revocable right to use the service, Site and Application of the AHelp24 with the right collection of Client payment for services rendered.
4.4.4. AHelp24 undertakes to take all organizational and technical measures to protect the client’s Personal information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as other illegal actions of third parties when processing the client’s Personal information.
4.4.5. AHelp24 shall, upon first request to delete the Personal information contained on the Site.
4.4.7. AHelp24 undertakes to notify the Client about this and request the Details for payment of compensation to the client’s current account in the case of compensation by the airline to the company’s account.
4.4.8. AHelp24 shall, within 30 days, transfer to the Client the full amount of compensation (for deduction of the AHelp24 Commission, as well as the applicable VAT, and the Bank Commission for the transfer of funds to the customer if it is) after receiving from the Client the details for the transfer of compensation payments.
5. Procedure of settlements.
5.1. In case of successful recovery of compensation in the interests of the Client AHelp24 deducts from the entire amount of compensation received a Commission of AHelp24 for payment of its services in the amount of 25%. AHelp24 additionally deducts value added tax from the Client, which is not included in the amount of the AHelp24 fee, as well as the bank commission for the transfer of funds to the customer if it is available.
5.2. Payments under the Contract are carried out by means of cashless transfer of monetary funds from the account AHelp24 on the Client’s bank card.
5.3. Payments with the use of the client’s bank card may be refused in cases stipulated by the legislation and this Agreement, in particular, in the absence of the option of a bank card for making Internet payments, incorrect Bank card data; expiration of the validity of the bank card, etc.
5.4. In case the Client fails to fulfill the payment obligations under this Agreement and the User agreement, AHelp24 has the right to send the relevant information (including the user’s personal data) to the authorized bodies to bring the User to responsibility and also to the organizations that carry out the collection of funds.
5.5. Card payment details are directly stored in the AHelp24. Payment is made in accordance with the Rules of international payment systems and (if applicable) the confidentiality and security of the payment using methods of verification, encryption and transmission of data through closed channels is the responsibility of AHelp24.
6. Responsibility of parties.
6.1. The Parties shall be liable for non-performance or improper performance of their obligations under the Agreement in accordance with the current legislation of the Russian Federation and this Agreement.
7. Contract period.
7.1. The contract comes into force from the moment of its conclusion and is valid for an indefinite period.
7.2. In terms of the parties outstanding obligations the Agreement terminated for any reason shall remain in force until the fulfillment of these obligations in full.
8. Dispute resolution and jurisdiction.
8.1. All disputes and disagreements under this Agreement shall be settled through negotiations.
8.2. If AHelp24 and the Client have not reached a decision through negotiations within 30 days, disputes and disagreements are referred to the court for resolution, in the manner prescribed by the current legislation of the Russian Federation.
9. Final provision.
9.1. Any correspondence, mobile phone and other negotiations that took place before the conclusion of the Contract lose legal force from the moment of conclusion of the Contract.
9.2. Unless otherwise expressly provided in the Contract, from the moment of conclusion of the Contract the Parties recognize legal force for the documents sent by e-mail (e — mail addresses specified in the Contract and e-mail addresses of the Client specified in the process of filling out The application form and Registration), agree that these documents are equivalent to the documents drawn up on paper and signed by the handwritten signature of the person concerned.
9.3. From the moment of conclusion of the Agreement the Parties acknowledge the validity of the documents, messages and actions sent and performed respectively through the use of the Website and/or the AHelp24 application on behalf of the Client, as well as using the phone number specified by the Client during Registration.
9.4. When the Client is located outside the territory of the Russian Federation or when the Client specifies the mobile phone number of a foreign mobile operator during Registration and also for the purposes of receiving messages/notifications provided for in this Agreement, the Client assumes all risks of late receipt or non-receipt by the Client of messages from AHelp24.
9.5. Communications which were sent on e-mail are considered received by the Client at the time of sending by AHelp24.
9.6. To the extent not regulated by this Agreement and the User agreement the relations between AHelp24 and the Customer are governed by the current legislation of the Russian Federation.
9.7. AHelp24 may use facsimile reproduction of the signature of the authorized person of the AHelp24 (by mechanical or other means of copying) in any document including this agreement. The parties acknowledge the validity of such documents.
9.8. As this Agreement is mixed and contains elements of the agreements of various types provided by the current civil legislation of the Russian Federation, regulations on the corresponding types of agreements are applied to it in the corresponding parts.
9.9. This Agreement is not a public offer.
Updated at the third of April, 2019