Yource Premium Service Contract

Identity

Yource B.V. and/or its affiliated companies, websites, brand names and trade names, including

Domain name: flight-delayed.com/premium

Postbus 3650,1001 AL Amsterdam

Email: info@flight-delayed.com

Registered with the Dutch Chamber of Commerce Trade Register under number: 52683702

1. DEFINITIONS

1.1 Yource: the private company with limited liability, Yource B.V., also acting under, but not limited to the name Green Claim B.V., Flight-Delayed.com, registered in the Trade Register under reference number 52683702 and has its registered office in Amsterdam, hereinafter to be referred to as Yource;

1.2 Claim: a demand of Yource, on behalf of and/or authorised by the Subscriber, against the Airline and/or Tour Operator and/or Trader, Reseller of a (package) trip (service) and/or flight ticket.

1.3 Compensation Service: the service provided by Yource to submit a claim for the Subscriber, this may include - but not limited to - starting any legal proceedings, enforcement-actions etc.

1.4 Lounge Operator: any independent third party person, contractor or organisation which owns and/or operates any of the airport lounges forming part of the Lounge Service.

1.5 Lounge Service: the Subscriber is entitled to enter and wait in an airport lounge, subject to the Lounge Operators’ terms, when a flight is delayed by at least one (1) hour or cancelled. For the Lounge Operator’s terms also see https://loungefinder.loungekey.com/pass/conditions-of-use.

1.6 Yource Premium Service (hereafter: “Premium Service”): The Premium Service entails that the Subscriber will get a one (1) year no-fee use of our Compensation Service for compensation regarding Regulation (EU) 261/2004 and UK261 Claims and if eligible the Lounge Service.

1.7 Subscribe: When the Subscriber enters into the Premium Service.

1.8 Subscriber: The person who subscribed to the Premium Service.

1.9 Subscription: Your subscription to the Premium Service.

1.10 Subscription Fee: The annual fee for the Premium Service.

1.11 Flight Details: The details of the flight a Subscriber has to enter (digitally) to abide by the Premium Service.

1.12 Planned Flight: A flight the Subscriber has booked, planned with the intention to board that flight.

1.13 Opposing Party: The party to be addressed by Yource and/or on behalf of the Subscriber(s) in a claim or legal action, such as an Airline, Tour Operator or Trader, Reseller of a (flight) trip (service).

1.14 Right of withdrawal: the possibility of the Subscriber to cancel the distance contract within the statutory 14 days cooling-off period. For more information about the European regulations and exceptions, we refer you to the link https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm. The relevant provision will also be covered in section 6 of this contract.

1.15 LoungeKey Pass: means the method by which a Subscriber can access the lounge, which may be a single use voucher containing a QR code, or any other entry methods as notified by Collinson.

2. THE PREMIUM SERVICE

Use of our Premium Service

2.1 By entering into the contract and using our Premium Service you confirm you are a natural person who can enter into legally binding agreements under the applicable law of your country of residence and authorised to enter into the Terms on your own behalf. The terms and conditions are applicable to this contract, however when they are inconsistent with each other this contract has priority.

2.2 For the use of our Premium Service a (smart)phone is required to access mail and/or SMS. If Subscriber fails to bring a phone or any other device to use the LoungeKey Pass, no refund is applicable, nor liability of Yource.

2.3 You may join the Premium Service:

2.3.1 by paying the Subscription Fee up front through a payment link administered by Stripe;

2.3.2 by obtaining the Premium Service through a Yource third party that is authorised by Yource to make the Premium Service available to you;

2.3.3 by choosing to enter the Premium Service after a Claim is successful. This means the Subscription will be paid by retaining part of the money that was supposed to be paid out after a successful Claim. This Premium Service will only be applicable to Claims for flights that are operated during that year. Starting from the moment of entering into the Premium Service.

2.4 Upon the acceptance of the purchase and payment of the Premium Service the Subscriber will receive a confirmation email from Yource.

2.5 The Premium Service commences after the confirmation email is sent to the Subscriber.

2.6 Further practical details of the Premium Service can be found in the confirmation email.

Details of the Premium Service

2.7 The Premium Service entails that the Subscriber will get a one (1) year no-fee use of our Compensation Service, with regard to Regulation (EU) 261/2004 and UK261 compensation. Additional passengers on the Subscriber’s Claim will not enjoy the benefits of the Premium Service. Thus the Subscriber is exempt from the Service and Legal Fee as defined in the terms and conditions. See for further details the Scope section (articles 2.18 to 2.20).

Lounge Service

2.8 The Lounge Service is provided by COLLINSON INSURANCE SERVICES LIMITED (hereafter: “Collinson”), a company registered in England and Wales with company number 00758979, Registered office address: 5th Floor, 3 More London Riverside, London SE1 2AQ United Kingdom.

2.9 The Collinson Terms of Use and Privacy Policy, as updated by Collinson from time to time, apply to the use of the Lounge Service.

2.10 Both Yource and Collinson act as an intermediary regarding the access to, services with, and services in the Airport Lounge (Operators).

2.11 The Subscriber is entitled to enter and wait in an airport lounge when a flight is delayed by at least one (1) hour (“Delay Threshold”) or cancelled six hours or less (“Cancellation Threshold”) before the planned departure. A delay which meets or exceeds the Delay Threshold can be announced as one single period of delay, or as a result of a consequence of multiple incremental shorter delays totalling the Delay Threshold.

2.12 When the Subscriber has completed a successful registration and when the Delay Threshold and/or Cancellation Threshold is reached the Subscriber will receive the LoungeKey Pass by e-mail and/or SMS. In order to access the Lounge the Subscriber must have their generated LoungeKey Pass with them when accessing lounges. If they do not, they shall not be given access. The LoungeKey Pass is only eligible for the named individuals in the email confirmation.

2.13 The departure of the flight(s) will be monitored by Collinson’s flight tracking system, no rights can be derived from this system and can not be used to track your flight’s scheduled departure time(s). Furthermore it is required that the flight is registered timely, see article 3.1, by the Subscriber and mobile phone number and email are provided. It is the Subscriber’s responsibility to provide the right information, if the provided information is wrong Yource and Collinson cannot be held liable. Lastly the Lounge Service is subjected to lounge availability, it does not guarantee access to a lounge when the delay or cancellation occurs.

2.14 The LoungeKey Pass will be valid for ninety (90) days from the moment of issuance, however it can only be used once. Lounge listings shall be listed on https://loungefinder.loungekey.com.

2.15 The participating airport lounges are owned and operated by Lounge Operators. Subscribers are subject to the rules and policies of each participating lounge. The Subscriber acknowledges and accepts that Yource and Collinson do not have any control, whether financial or otherwise, over said lounges’ ownership or administration.

2.16 Yource and Collinson shall not be held liable for any loss or injury suffered by a Subscriber whilst inside any of the lounges participating in the Services. The party to be addressed for any omission regarding the Lounge Service is the Airport Lounge Operator. Yource B.V. and Collinson will mediate on your behalf if any complaint arises, exists, or if the Airport Lounge Operator needs to be addressed in any other way. Complaints can be addressed per email to customerservice@collinsongroup.smartdelay.com.

2.17 The Lounge Service can be subject to changes from time to time these changes are not limited to for example construction works, closure & renovations etc..

Liability

2.18 If we fail to comply with this contract, we shall only be liable for the issuance of a participating lounge access replacement voucher. Replacement vouchers are non-refundable and cannot be exchanged for cash. We shall not be liable to reimburse you for any out of pocket costs or expenses or lounge access costs incurred by you at the airport should you choose to access the lounge at your own cost.

2.19 Yource and/or Collinson cannot be held liable for any (possible) damages or the loss of a claim and/or the entitlement to (further) damages/compensation resulting from the Subscriber’s own actions.

2.20 Yource and/or Collinson will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that are caused by an event outside our Control. An event outside our control means any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

2.21 It shall be at Yource's sole discretion to take or initiate legal action(s) to pursue the Claim or to (have it) collect(ed) (it).The decision shall be made by Yource on the basis of the documents made available to Yource and/or information made available or received by Yource. Yource shall be entitled - without being liable for any compensation or damage(s) - to refrain from taking legal measures or any action if it deems such action inopportune, for whatever reason.

Scope

2.22 The Premium Service is valid for one (1) year. The date of the flight for which the Claim was submitted has to be within this year for the Premium Service to apply to that Claim.

2.23 The Premium Service can be used for a maximum of 3 successful Claims per Subscription year. A Claim is successful when the compensation is paid to the Subscriber either through Yource or directly from the Opposing Party. If the amount of successful Claims exceeds these 3 mentioned successful Claims, our Standard (+Legal) Fee will apply on these additional Claims, see our Price list.

2.24 The Premium Service only applies to Regulation (EU) 2004/261 and UK261 claims.

3. Eligibility

3.1 To use the Premium Service and/or Lounge Service the Subscriber needs to submit flight details at least 48 hours before the scheduled departure time of the flight to their (digital) account.You acknowledge that not all flights are eligible for registration.

3.2 The Premium Service does not apply if you have received a cancellation message, flight change or delay message concerning your Planned Flight before entering into the Subscription.

3.3 The Subscriber is not allowed to act with insider information regarding cancellations or delays. Furthermore; facts of common knowledge such as announced strikes and announced extreme weather circumstances like hurricanes, typhoons, vulcano ash etc. are not allowed to be misused under the Premium Service. E.g. knowing the flight will be cancelled and entering into the Premium Service with the intention to submit a Claim for this flight under the Premium Service.

3.4 More than one claim under one name for the same flight and date is not allowed.

4. Obligation of the Subscriber

4.1 The Subscriber is obligated to inform Yource of any direct payment to him/her by the Opposing Party.

4.2 The Subscriber will refrain from communicating (directly or via third parties) with the Opposing Party once this Subscription has been entered into, and throughout the entire process, unless expressly agreed upon with Yource in writing or will inform Yource immediately if they are contacted by another party than Yource.

4.3 If the Subscriber’s contact details change after the Contract has been entered into, the Subscriber will immediately inform Yource of these changes. Yource cannot be held liable and/or responsible for the loss of time and the expiration of legal terms or limitation periods, as well as for any other possible consequences resulting from the Subscriber's failure to provide accurate contact details or the failure to inform Yource of any changes.

5. Renewal of the Premium Service

5.1 After a year the Premium Service shall be renewed for one (1) year.

5.2 When it is renewed the Subscription Fee is due. By accepting these terms and conditions the Subscriber agrees to recurrent billing for the Premium Service. The Subscription Fee will be fulfilled through recurrent billing. The Subscriber can deny and/or cancel the recurrent billing at anytime.

5.3 The Subscriber will actively and in writing (e-mail) be informed twice before the Premium Service will be renewed.

5.4 The Subscriber can inform us anytime if he or she does not wish to renew the Premium Service. When this is done before the yearly Subscription ends it will not be renewed. Automatic renewal is cancelled by:

5.4.1 logging into your client account accessible via Flight-Delayed.com and cancelling the Subscription renewal, or

5.4.2 explicitly informing Yource of this in writing, by sending an email to: info@flight-delayed.com

5.5 When the Premium Service is cancelled it will no longer be renewed.

6. Withdrawal and Termination

Right of Withdrawal of the Premium Service

6.1 The Subscriber has the statutory right to withdraw without costs from the distance contract within the legal cooling-off period of 14 days. This period starts from the moment the Premium Service has been paid and confirmed. If the Subscriber does withdraw within this 14 days from the Premium Service, but has submitted his/her Claim and the documents asked for, the normal no cure no pay fee will apply to the Claim.

6.2 The Subscriber can terminate the Subscription in any written and unambiguous way through their digital account or by sending an email to: info@flight-delayed.com

6.3 In case Yource has completed the activities and has achieved the Claim or has received a promise of assignment within 14 days, either directly or from the Subscriber, the Subscriber waives the right of withdrawal.

6.4 The risk and the burden of proof for the correct and timely exercise of the right to withdraw lies with the Subscriber.

6.5 When a Claim is submitted while the Premium Service is active and the Subscriber withdraws within 14 days from the Premium Service, our Service Fee and (possibly) Legal Fee will be applied to the submitted Claim if it is successful. See for our fee(s) the Price List. The submitted Claim will be handled separately from the termination of the Premium Service.

Termination of the Premium Service

6.6 The Premium Service will or can be terminated when one of the following occurs:

6.6.1 The Subscriber or Yource, at any time, for any reason, give timely written notice of termination; or

6.6.2 Where you have breached your obligations under these terms, like chapter 4 or other applicable laws or regulations, you have engaged in fraud, provided incorrect or false information and/or engaged in activities that Yource may reasonably suspect to be misleading or fraudulent, in which case you will not be entitled to the Compensation or any other payments.

6.6.3. If the Subscriber has uploaded a Claim more than one time for the same flight and date, with any other claim agency, with any other third party to claim and/or if the Subscriber does not inform us of any direct payment from the airline and/or any other third party.

Consequence of ending the Premium Service

6.7 Once the Subscription is terminated, cancelled, or expired, Claims with a flight date in the Subscription period will still be handled and if successful no fee will be applied. For Claims with a flight date outside the Subscription period the Service Fee and (possibly) Legal Fee will be applied, in line with the terms and conditions.

6.8 When the Premium Service is terminated in accordance with article 6.6.3 the Service Fee over the claim amount will apply.