GENERAL TERMS AND CONDITIONS
for passengers traveling by air and their legal relations
These General Terms and Conditions constitute an agreement between you, as a Client / Air Passenger, and “KP-FLY” Ltd. (hereinafter referred to as KP-FLY).
1. Definitions:
1.1. “Regulation (EC) 261/2004”: Regulation (EC) 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.
1.2. “Airline”: The carrier performing the air transport of passengers.
1.3. “KP-FLY”: “KP-FLY” Ltd., UIC 208022823, a company registered in Bulgaria, with address: Varna, 19 Patriarch Evtimiy St., Floor 6, Apt. 6.
1.4. “Agreement”: An agreement reached between KP-FLY and the Client based on the acceptance of these General Terms and Conditions.
1.5. “Claim”: Any out-of-court or court procedure against an airline – air carrier, for obtaining monetary compensation for the passenger(s) pursuant to Regulation (EC) 261/2004.
1.6. “Client”: Any natural and/or legal person, their representative(s) and/or heir(s), on whose behalf the claim is submitted and who has given consent, through authorization and acceptance of these General Terms and Conditions, to be represented by KP-FLY.
1.7. “Power of Attorney”: A document by which the Client grants representative authority to KP-FLY to perform the necessary actions on their behalf regarding the claim(s).
1.8. “Legal Actions”: A set of actions including the provision by the Client of information and documents necessary for KP-FLY to initiate court proceedings on their behalf through a lawyer or law firm authorized to practice law in the relevant country.
2. Subject Matter
2.1. KP-FLY provides assistance in obtaining due monetary compensation from airlines pursuant to Regulation (EC) 261/2004 on behalf and at the expense of the Client, through out-of-court and/or court actions.
2.2. KP-FLY has the right to refuse to initiate or continue a claim at its own discretion, without being obliged to state reasons. In such case, the Client will be notified in a timely manner.
3. Authorization
3.1. The Client shall provide KP-FLY with written authorization – a Power of Attorney (or another document of equivalent legal force), authorizing KP-FLY to represent them before the relevant airline and other third parties in connection with the claim.
3.2. Upon request, the Client undertakes to provide a copy of their ID card/passport, boarding pass, booking confirmation, correspondence with the airline, and other documents relevant to establishing the claim.
4. Procedure
4.1. KP-FLY conducts a preliminary assessment of the admissibility of the claim and, if accepted, submits the request on behalf of the Client.
4.2. In the event of refusal by the airline or lack of response, KP-FLY has the right to initiate legal action, including engaging lawyers in its own name and at its own expense.
4.3. The Client undertakes to cooperate in good faith, including by providing additional documents or appearing in court if necessary.
5. Remuneration
5.1. KP-FLY’s remuneration shall be a percentage of the compensation received and shall be charged only upon successful collection of the amount from the airline. In case of no success, the Client shall not owe any remuneration.
5.2. The amount of remuneration shall be agreed additionally, but is generally 20% of the amount received, unless otherwise agreed.
5.3. If the Client receives compensation directly from the airline after the procedure has been initiated by KP-FLY, the Client shall owe the agreed remuneration in full.
6. Termination
6.1. The Client has the right to terminate the Agreement by written notice to KP-FLY, but no later than the moment the claim is filed. Otherwise, remuneration shall be due upon a successful outcome.
6.2. KP-FLY has the right to terminate the Agreement at any time by written notice to the Client.
7. Personal Data Protection
7.1. KP-FLY collects and processes the Client’s personal data solely for the purpose of providing representation services and protecting their interests.
7.2. The data shall not be provided to third parties unless necessary for the performance of the contract or required by law.
7.3. The Client has the right to access their personal data, as well as the right to rectification, restriction, or deletion in accordance with applicable legislation.
8. Applicable Law and Disputes
8.1. For all matters not regulated by these General Terms and Conditions, the applicable Bulgarian legislation shall apply.
8.2. All disputes between the parties shall be resolved amicably, and if this is not possible – by the competent court in the Republic of Bulgaria.
9. Final Provisions
9.1. These General Terms and Conditions enter into force upon their acceptance by the Client, by signing a Power of Attorney or by explicit written consent, including electronically.
9.2. KP-FLY reserves the right to amend these General Terms and Conditions by publishing an updated version on its website or providing it to the Client.