In these Terms, the following defined terms shall have the meanings stated below: “AH Signature” means a signature provided by you electronically via the online Skyrights signing tool, considered equivalent to a handwritten signature. In the event you are unable to provide a signature online, a handwritten or scanned signature may be provided.

“Skyrights” means Skyrights, a company based in Albania with its registered office at c/o Coolab, Rruga e Kavajes. “Air Passenger Rights Regulations” means any law, regulation, directive, international convention, or similar, whether issued on a state, federal, European Union, national, international, or regional level, and case law, upon which a consumer may claim monetary compensation, damages, or refunds in the event of overbooked, delayed, canceled, or otherwise disrupted flights or luggage-related issues. These may include, without limitation, general consumer protection laws, “EC 261”: Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated 11 February 2004; “UK 261”: The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019; Turkish “SHY” passenger regulation, Canadian Transportation Act: Air Passenger Protection Regulations, and “MC 99”: The Montreal Convention 1999.

“Assignment Agreement” means the document, in electronic or other format, requested by Skyrights on a case-by-case basis. In this document, you and Skyrights agree that Skyrights shall become the owner of the Claim, subject to the terms of the Assignment Agreement, for the purpose of collecting and receiving payments.

“Authority Document” means the document authorizing Skyrights, or Skyrights Third Party to act on your behalf regarding your Claim. This document may take various forms, including a power of attorney or certificate of authorization, to comply with different jurisdictional requirements.

“Claim” means any claim against an Airline for monetary compensation, damages, or refund in accordance with Air Passenger Rights Laws or an Airline’s goodwill.

“Compensation Service” means the service where Skyrights, either independently or in collaboration with its Group Companies and Skyrights Third Parties, pursues a Claim on your behalf. This may include Legal Action.

“Customer” means you; the person who has accepted these Terms. The Customer may also be referred to as “Client” on some documents.

“Discretion” means the process by which Skyrights has the right to make decisions regarding your Claim, as described further below.

“Eligible Claim” means a Claim that Skyrights has assessed, within its sole Discretion, as a Claim that Skyrights is willing to pursue on your behalf by providing you with the Compensation Service.

“Eligibility Service” means the service provided by Skyrights to determine whether your Claim is an Eligible Claim.

“Flight Compensation” means the total amount of money or other receivables (accepted by Skyrights in its Discretion), paid by an Airline in relation to a Claim as compensation, refund, damages, settlement, goodwill gesture, or otherwise, to you or Skyrights. Flight Compensation does not include payments or reimbursements of Legal Expenses, collection costs, interest, or similar, pre- financed by Skyrights or resulting from Skyrights's intervention.

“Fellow Passenger” means any passenger included in the Form for receipt of Flight Compensation, such as a family member or a passenger that traveled with the Customer on the Airline.

“Form” means the Assignment Form, Authority Document, power of attorney, or other documents enabling the Skyrights Group and Skyrights Third Parties to provide the Customer with our Services. Skyrights determines the most appropriate Form on a Claim-by-Claim basis.

“Goodwill Claim” is where Skyrights requests Flight Compensation from the Airline, in the absence of developed Air Passenger Rights Regulations. Compensation for Goodwill Claims may be monetary or in kind, such as a flight voucher, fidelity points, or air miles.

“Information Service” means Skyrights's provision of flight information, airline information, airport information, other travel-related information, and information about air passenger rights under applicable Air Passenger Rights Regulations. The information may be specific to the Customer’s flight or non-flight-specific general information, delivered through electronic communication.

“Lawyer” means any attorney at law and/or law firm contracted by Skyrights for Legal Action or other legal services with regard to a Claim.

“Legal Action” means the preparation and filing of a Claim for judicial action, whether in court, before a government body, such as a national enforcement body (NEB), or via a Lawyer, either directly to the Airline or for judicial action, or transferring the Claim between jurisdictions.

“Legal Action Fee” means the fee listed in Our Fees that Skyrights charges you when you receive Flight Compensation for the provision of the Compensation Service involving Legal Action. The Legal Action Fee is paid in addition to the Service Fee.

“Legal Expenses” means all fees incurred by, paid by, or awarded to you or the Skyrights Group for Legal Action, including attorneys fees, application fees, court and clerk costs, translation costs, bailiff’s costs, extrajudicial collection, or any other related fees and expenses.

“Our Fees” means the fees and charges listed specifying accepted currencies, methods of payment payable by you to Skyrights. In addition to Our Fees, Skyrights may be entitled to Legal Expenses from the Airline.

“Reassignment Form” is the document signed by you and Skyrights, assigning the rights of your Claim back to you or authorizing your Claim back to you.

“Service Fee” means the fee listed in Our Fees that Skyrights charges you when you receive Flight Compensation following the provision of the Compensation Service.

“Services” means any of our services, including the Eligibility Service, Compensation Service, Information Service, or Skyrights Plus Services provided by Skyrights or a Skyrights Third Party to you in accordance with these Terms.

“Withdrawal” is the process by which the Customer or Skyrights withdraws from either the Compensation Service or the Membership.

“VAT” means any system of value-added tax.

3. Eligibility Verification and Information Services

Getting Started

After accepting these Terms, Skyrights will offer you the Eligibility Service and Information Service to assess, at its sole Discretion, whether you have an Eligible Claim. If Skyrights determines that you do, it will provide you with the Form. The Form enables Skyrights to engage on your behalf, either directly or indirectly with Lawyers, the Airline or its representatives, and/or courts to secure Flight Compensation. It's important to note that the provision of the Information Service or Eligibility Service by Skyrights does not constitute a binding offer to provide you with any other Services, including, but not limited to, the Compensation Service.

4. COMPENSATION SERVICE

Submitting the Form

Before initiating the Compensation Service, you must:
Authorize your AH Signature on the Form, signifying that you:

• Agree to receive the Compensation Service.
• Acknowledge that Skyrights will only claim monetary Flight Compensation and that the acceptance of travel vouchers and/or other services as Flight Compensation is at Skyrights’s sole Discretion. Offers from the Airline for non- monetary compensation may be treated by Skyrights as an Airline’s refusal of Flight Compensation.
• Affirm that you are not pursuing the Claim through any other means, either directly or through third parties, and that no legal dispute is pending or expected between you and the Airline on the same matter.

If you have any existing engagements or assignments related to your Claim, you must cancel them immediately. Failure to complete these steps will result in the non-receipt of the Compensation Service. Upon receiving and reviewing the Form, Skyrights will confirm in writing (via email or other written form) the commencement of the Compensation Service. Skyrights, at its sole Discretion, may decide to proceed with or reject the provision of the Compensation Service or request additional information or documentation before initiating the service.

Once the Form is submitted, you are prohibited from assigning the Claim to any other party, as the legal title to the Claim has been transferred to Skyrights. You may not authorize another third party to act on your behalf regarding the same Claim.

If you receive direct payments or other compensation from the Airline after entering into the Compensation Agreement, you must promptly inform Skyrights. Such payments are considered Flight Compensation, entitling Skyrights to the Service Fee and Legal Action Fee if Legal Action was taken by Skyrights before you received payment from the Airline. After submitting the Form, you must cease negotiations with the Airline and direct any communication regarding your Claim to Skyrights.

Reassignment

Your claim may be reassigned back to you either at your request or by Skyrights’s initiative. In both instances, this reassignment will be executed in writing through a Reassignment Form, signed by both you and Skyrights. If you have previously signed an Authority Document, you retain the right to withdraw the authority granted in the Authority Document by providing written notice to Skyrights.

Withdrawal

At any point following the signing and submission of the Form, you have the right to Withdraw and/or reassign your Claim, as detailed in the Withdrawal and Termination section below. Skyrights also reserves the right to Withdraw from the Compensation Service, as outlined in the Withdrawal and Termination section below.

Customer Representative

If you are acting as the representative or on behalf of a passenger or passengers, you must first obtain a power of attorney to act on their behalf and furnish evidence of such upon request by Skyrights. For minor passengers, you are required to provide their complete data, including: name, birthdate of the minor, and the names and signatures of the custodians or legal guardians.

Commencing the Compensation Services

Upon notifying you in writing, as previously mentioned, Skyrights will initiate the Compensation Service with the aim of securing Flight Compensation on your behalf. It is your responsibility to furnish Skyrights with all necessary data or information required for the execution of the Compensation Service. By providing this information, you warrant that it is correct, complete, and true, and, where applicable, obtained with the consent of Fellow Passengers.

You can submit flight data and information to Skyrights through various means, including the website, email, other electronic or software solutions supported by Skyrights, or by phone. Skyrights may request additional information, such as passenger details, email address, phone number, type of disruption, reason for delay (if possible), duration of delay, Airline name, flight number, date of the flight, departure and arrival locations, and a description of the incident. Additional Forms may also be sent to Skyrights through web forms or other electronic solutions, email, or postal services. It's crucial to acknowledge that a failure to provide Skyrights with the necessary information will adversely impact Skyrights's ability to provide the Compensation Service.

Flight Compensation and Legal Action

Upon receiving your Form, Skyrights will draft a request for payment and submit it to the Airline, handling all subsequent correspondence. For this aspect of the Compensation Service, if Flight Compensation is paid, you will be obligated to pay Skyrights the Service Fee. If the Airline fails to remit Flight Compensation within a reasonable period after being notified by Skyrights, or if Skyrights, at its sole Discretion, deems that the Airline is unlikely to respond to a payment request, Skyrights may initiate Legal Action. If Legal Action is initiated and Flight Compensation is paid, you will be required to pay Skyrights the Legal Action Fee in addition to the Service Fee.

In the event that a Lawyer is employed for Legal Action, you expressly consent to Skyrights providing the Lawyer access to all data communicated to Skyrights to facilitate Legal Action. Should additional Forms or documents be necessary for Legal Action, you undertake to provide such documents.

If you have signed an Assignment Agreement and subsequently sign an Authority Document (or similar), you acknowledge that the Authority Document reassigns the Claim back to you. In cases where Skyrights or the Lawyer initiates Legal Action to pursue a Claim, Skyrights will cover any Legal Expenses incurred during the Legal Action, even in the event of an unfavorable outcome. If the lawsuit is won or a settlement is reached between the Airline and Skyrights, Skyrights may cover any additional costs not covered by the Airline. When applicable, if a lawsuit is successful, a claim for reimbursement of Legal Expenses will be submitted. This applies to Legal Expenses whether the legal proceedings are conducted by Skyrights or a Lawyer. For clarity, all reimbursements, including Legal Expenses and interest, shall belong to Skyrights. You agree and acknowledge that the final outcome of Legal Action and the acquisition of Flight Compensation may take years.

Settlements

Skyrights, at its sole Discretion, may offer or accept individual or collective Claim settlements for Flight Compensation from the Airline. You acknowledge that the decision to accept a settlement for Flight Compensation rests solely with Skyrights, given that you have assigned the Claim to Skyrights. If Skyrights acts on your behalf under an Authority Document, you authorize Skyrights to accept or reject settlement offers based on its Discretion without the need for your additional consent. Skyrights may pursue the assigned Claim in its own name, with or without the assistance of a Lawyer. Where appropriate and/or legally necessary, Skyrights may reassign the Claim to you, and you agree to reauthorize Skyrights with an Authority Document to provide the Compensation Service and collect and/or receive payments. You are responsible for providing accurate data to proceed with the Compensation Service. Skyrights shall not be held liable for any incorrect communications, documents, incorrect data/information, or fraudulent conduct provided by you. If you intentionally provide incorrect information or data, in addition to any other recourse under these Terms, you will, upon Skyrights's request, reimburse Skyrights for the Legal Expenses.

Goodwill Claims

In jurisdictions where Air Passenger Rights Regulations may be less developed, and obtaining Flight Compensation is less likely, upon your decision to proceed, Skyrights may attempt to secure Flight Compensation through a Goodwill Claim. How Skyrights Makes Decisions Regarding Your Claim

Skyrights exercises its Discretion in making decisions concerning whether to pursue your Claim, be it during the Eligibility Service, at any point throughout the Compensation Service, including initiating Legal Action, considering or accepting a settlement offer from the Airline, withdrawing the Claim, or opting for a Goodwill Claim. Skyrights’s Discretion is guided by various factors, including but not limited to:

• The relevant Air Passenger Rights Regulations
• The jurisdictions and court systems available for pursuing your Claim
• Legal Expenses and the likelihood of Skyrights incurring or being obligated to pay Legal Expenses
• Historical behavior of the Airline in response to similar Claims
• Average time required to obtain Flight Compensation or a favorable ruling through Legal Action
• Quality of the information provided by you concerning your Claim
• Any factual information that may pose challenges in obtaining Flight Compensation
• Guidance from Lawyers
• Skyrights's experience with comparable Claims

These factors collectively inform Skyrights's decisions throughout the process.

6. FEES AND PAYMENTS

Our Fees

"Our Fees" refers to the detailed price list encompassing all fees, charges, and prices that Skyrights receives for providing Products and Services. Skyrights offers the Eligibility Service and Information Service free of charge. The Compensation Service is also provided free of charge unless Skyrights successfully obtains Flight Compensation for you. In the case of success, Skyrights will transfer the Flight Compensation to you, subject to Our Fees.

If incorrect or incomplete payment information is provided by you, and amounts paid by Skyrights for Flight Compensation are returned, Skyrights will make reasonable efforts to contact you. If no response is received to provide correct payment information, Skyrights is entitled to retain the portion of the Flight Compensation that should have been transferred to you.

If Flight Compensation, Legal Expenses, interest, or similar are directly transferred from the Airline to you, you are required to (i) promptly inform Skyrights of the payment and (ii) be invoiced and responsible for paying Our Fees, Legal Expenses, interest, or similar to Skyrights without unreasonable delay.

When Skyrights pays Flight Compensation based on your instructions and selected method, it is not liable for any checks, prepaid debit cards, credit cards, or similar lost in transit to you. Skyrights is not obligated to actively reclaim Flight Compensation paid to the wrong receiver due to incorrect information provided by you. No interest on the Flight Compensation is claimable during the time period between when Skyrights receives it and when it is transferred to you. Skyrights retains the right to keep any interest recovered from the Airline, including interest recovered following Legal Action.

Skyrights is not liable for compensation if prevented from transferring payment due to events beyond its control, such as strikes, lock-outs, force majeure, natural disasters, war, riot, compliance with laws or governmental orders, accidents, breakdowns, fire, floods, storms, or other events.

The Service Fee and the Legal Action Fee apply to any settlement type whenever Skyrights successfully obtains Flight Compensation, whether through a court decision, settlement with the Airline, or joint settlement with the Airline for multiple Claims.

7. WITHDRAWAL AND TERMINATION

Your Right of Withdrawal of Compensation Service and Membership

If you qualify as a consumer under the European Union (EU), the European Economic Area (EEA), and the UK consumer regulations – meaning that you are an individual engaging in a legal transaction for a purpose other than commercial or independent vocational activity – you have a legal right of withdrawal. You can withdraw from the Compensation Service or Membership within 14 days from the start of the Compensation Service or Membership at no cost and without specifying any reasons.

To exercise your right of withdrawal, the withdrawal must be communicated (e.g., by letter, email, or contact form) within the 14-day period mentioned above, clearly stating your wish to withdraw from the Compensation Service or Membership. However, you cannot withdraw from our Compensation Service or Membership if Skyrights has informed you that the Airline has accepted the Claim, as, in such an event, we have completed the service you requested. The withdrawal should be sent to: —----------

Sample cancellation form

I hereby terminate the agreement concluded by me:

Skyrights Claim number:

Date claim was filed:

Name of customer:

Address of the customer:

Signature of customer:

Date:

—---------

*End of sample text Following the 14-day Withdrawal period, you may Withdraw your acceptance of the Compensation Service or Membership subject to the Terms.

Withdrawal of Compensation Service by Skyrights

Skyrights retains the right to withdraw from the Compensation Service if obstacles beyond its control hinder Skyrights from obtaining Compensation for you. These obstacles may include, but are not limited to, Airline insolvency, court closure, lockdown measures, low Flight Compensation value, etc. In such cases, Skyrights will notify you of the obstacles and close your Claim, with no applicable fee.

Termination of the Compensation Service

The Compensation Service will terminate upon the earlier occurrence of the following: When the Claim has been settled with the Airline, you have received the Flight Compensation, and all amounts payable by you to Skyrights, if any, have been paid. Either you or Skyrights, at any time and for any reason, give timely written notice of termination. By Skyrights immediately where:

• (i) You have breached your obligations under the Terms,
• (ii) You have provided incorrect information, engaged in fraud, or participated in activities reasonably suspected by Skyrights to be misleading or fraudulent. In such cases, you will not be entitled to the Flight Compensation. Skyrights reserves the right to claim its losses when terminating due to your breach.

Consequence of Termination and Withdrawal of the Compensation Service

Upon termination of the Compensation Services for any reason, you are required to promptly settle any fees payable to Skyrights under the Terms. This includes, but is not limited to, situations where you withdraw after the Airline confirms the payment of Flight Compensation. Note that your Claim will not automatically be reassigned to you upon withdrawal or termination. You must specifically request Skyrights to reassign your Claim, and Skyrights will provide you with the Reassignment Form for your signature.

In the event of your withdrawal from the Compensation Service or Skyrights terminating the service due to your breach of the Terms, Skyrights is entitled to receive the following from you:

• Skyrights's Legal Expenses, if Skyrights has initiated a Legal Action.
• An amount equivalent to the Legal Expenses if, subsequent to the withdrawal, Skyrights is mandated by a Judicial Authority to cover the Legal Expenses owed to the Airline.
• Skyrights's Service Fee, and in cases where Legal Action was taken, the Legal Action Fee, if you subsequently receive Flight Compensation directly from the Airline.

8. DATA PROTECTION

All personal data collected during the provision of our Services, or connected to the provision of our Services, will be subject to the Skyrights Privacy Statement.

9. GENERAL PROVISIONS

Third Parties Services

Our Services may contain links to third-party providers' websites or interfaces to book services via third parties. Such websites/services are controlled by independent parties under which Skyrights has no control. Although our Services may provide information about or access to third-party suppliers and facilitate the use of these third-party providers, such Services do not constitute any sponsorship, affiliation, or endorsement of these third-party providers.

We remind you that by accessing third-party websites/services or using third-party services made available through our Services, you agree to be bound by these third parties’ policies and terms and conditions. We encourage you to review these terms and conditions and policies and to use them at your own risk.

You hereby acknowledge and agree that Skyrights will not be a party to any agreement entered with any such third party and will not be responsible for any errors or omissions in such third parties’ services or for any direct or indirect claim, breach, loss or damage caused or allegedly caused by or in connection with the access or use of such third parties’ services.