AirHelp+ Membership Terms and Conditions
Article 1: Definitions
In these AirHelp+ Membership Terms and Conditions (the “Terms”), unless otherwise defined herein, the capitalized terms below shall have the same meaning as in AirHelp’s general Terms And Conditions.
1.1 “Member”: person named as the member of the Membership during the application for the Membership.
1.2 “Membership”: AirHelp’s special offer, which entitles Members to certain services as specified herein.
Article 2: Membership
2.1 The Member can join the Membership by purchasing AirHelp+ Membership. The Membership is exclusively offered by AirHelp.
2.2 The Membership fee will be advised to the Member at the time of the application.
2.3 AirHelp reserves the right to refuse Membership to any person and, in case of breach of the Terms by the Member, terminate the Membership at any time.
Article 3: Payment of the Membership fee
3.1. When the Member applies for the Membership, the Member shall pay the annual Membership fee.
3.2. The Member will not be entitled to any refund of any Membership fees upon termination or cancellation of the Membership.
Article 4: Description of the Membership
4.1 If a Client has purchased the Membership, AirHelp will waive its Service Fee and Legal Action Fee, if applicable, for AirHelp’s delivery of Justice as a Service for the Claims for flights that are disrupted within the period of the Membership.
4.2 Justice as a Service is currently available for EC 261 Claims.
4.3 Benefits are personal and apply only to the Member, if the Member is named as a passenger in a booking and to fellow passengers, if they are in the same booking as the Member.
4.4 Benefits are not available for passenger(s) booked by the Member separately.
4.5 The Service Fee and Legal Action Fee will not be refunded to Members for flights that were disrupted prior to the commencement of the Membership.
4.6 The Membership is non-transferable. The Member must promptly notify AirHelp upon becoming aware of any unauthorized use of the Membership.
Article 5: Term and termination
5.1 The Membership commences when AirHelp accepts the application and the Member pays the Membership fee to AirHelp.
5.2 Upon the acceptance of the application the Member will receive confirmation e-mail.
5.3 The Membership is valid for 12 (twelve) calendar months commencing on the day of the acceptance of the application. The Member may extend the Membership by paying the Membership fee. If the Member extends the Membership as specified above, the extended term will start on the day immediately subsequent to the expiry date. If the Membership has expired, the Member may apply for a new Membership at any time.
5.4 The Member may cancel the Membership at any time by giving a written notice to AirHelp.
5.5 Once the Membership is terminated or cancelled, AirHelp will no longer waive its Service Fee and Legal Action Fee, if applicable, for AirHelp’s delivery of Justice as a Service for the Claims for flights that are disrupted within the period of the Membership.
5.6 Once the Membership has expired, AirHelp will waive its Service Fee and Legal Action Fee, if applicable, for AirHelp’s delivery of Justice as a Service for the Claims for flights that are disrupted within the period of the Membership.
Article 6: Data protection
6.1 By registering for the Membership, the Member agrees to AirHelp Limited processing the Member’s data in accordance with the Privacy Statement. AirHelp will primarily use the personal data provided by the Member for the purpose of delivering the Membership. AirHelp may also collect personal data for other purposes such as statistics, administration and communication, IT and security administration, physical security, authentication and authorization systems, support systems, collaboration of internal projects and organizational teams and activities. All personal data is collected in accordance with the General Data Protection Regulation, Regulation (EU) 2016/679 (see Privacy Statement).
6.2 The Member provides AirHelp with personal data under the General Data Protection Regulation or other data protection laws that may be applicable, with the explicit permission to process the personal data given and for the use thereof in the context of the Membership. AirHelp will only transfer the personal data to third parties under the conditions as listed below:
i) if the Member has given consent;
ii) if it is for a purpose directly related to the original purpose for which the personal data was collected;
iii) if it is necessary for the preparation, negotiation and fulfilling the Membership with the Member;
iv) if it is required due to legal obligation, administrative or court order;
v) if it is required for the establishment or protection of legal claims or in defense of court actions;
vi) if it serves the prevention of misuse or other illegal activities, such as deliberate attacks, to ensure data security.
Article 7: Data and information from the Member
7.1 The Member shall provide accurate and true personal information when applying for the Membership and shall maintain that information when using any of AirHelp’s services. If the Member fails to comply with the above obligation, AirHelp reserves the right to terminate the Membership with immediate effect.
7.2 The Member agrees to fully indemnify AirHelp in all respects for all third-party claims including, but not limited to, incorrect Member communications, provision of incorrect data/information and fraudulent conduct.
Article 8: Right of withdrawal
8.1 Members can withdraw their acceptance of the Membership within 14 days from the conclusion of the Membership (e.g., letter, email) without the need to specify any reasons. The withdrawal can be sent to [email protected]
Article 9: Final provisions
9.1 AirHelp is authorized to alter these Terms and to set forth additional conditions at any time and without notice. If a change has a material negative effect towards a Member, the change will only take effect after a notice period of 30 days.
9.2 The laws of Denmark apply to these Terms and the Membership between AirHelp and the Member.
9.3 Should any provision of these Terms be or become void, illegal or unenforceable, this shall not affect the validity of the remaining provisions in any way whatsoever.
9.4 Unless specified otherwise herein, to services purchased on AirHelp’s website by using the Membership, the general Terms and Conditions apply.
9.5 The English version of these Terms shall prevail in case of inconsistency to any other language version.
Effective date: 4 July, 2018