These Terms and Conditions (the “Terms”) form the legally binding agreement between a customer (“Customer” or “you”) and MySkyHelp regarding the provision of our Services. By accepting these Terms, you agree to be bound by them, any additional terms applicable to the Services you have selected, and the MySkyHelp Privacy Statement.
We recommend that you do not engage with MySkyHelp for any of our Services until you have read and understood these Terms, the Privacy Statement, and Our Fees. If you have any questions, doubts, or concerns, please contact us at acc3ss27@gmail.com or check out our FAQs.
- USE AND NATURE OF OUR SERVICES
Use of our Services
1.1 By accepting these Terms and using our Services, you affirm you are:
1.1.1 A natural person over the age of legal majority in your country of residence who can enter into legally binding agreements under applicable law.
1.1.2 Authorized to enter into these Terms and any Service-specific terms on your own behalf, and, where applicable, on behalf of other passengers.
Nature of our Services
1.2 The MySkyHelp Group provides services to help air passengers manage the impact of flight disruptions. These services may change from time to time but include facilitating the processing of Claims on behalf of passengers before Airlines, enforcing air passengers' rights (including, but not limited to, claiming compensation) arising from delayed or canceled flights and/or other related issues.
1.3 MySkyHelp is not a law firm and is not acting as a lawyer on your behalf or providing you directly with legal services. Nevertheless, during the provision of our Services and in accordance with the Terms and Forms, MySkyHelp may engage with contract Lawyers or contract attorneys for the purpose of providing our Services.
1.4 If you have purchased an insurance product through MySkyHelp, MySkyHelp operates as a registered insurance agent in accordance with German regulation. MySkyHelp does not act as a risk bearer itself but only assumes a function as an intermediary. These Terms do not apply to your purchase of the insurance product. Please refer to the policy documents for the terms that cover the insurance product you have purchased, including the name of the MySkyHelp Third Party who is providing the coverage in the event of damage.
- DEFINITIONS
In these Terms, the following defined terms shall have the meanings stated below:
2.1 “AH Signature” means a signature provided by you electronically via the online MySkyHelp signing tool, and considered the equivalent of a handwritten signature. In the event you are unable to provide a signature online, a handwritten or scanned signature may be provided.
2.2 “MySkyHelp” means EGL Arendus OÜ, a company based in Estonia with its registered office at Lasnamäe 4a, 11412 Tallinn, Estonia.
2.3 “MySkyHelp Group Company” means any entity that is, directly or indirectly, controlled by MySkyHelp or which controls MySkyHelp, whether through the ownership of share capital and/or voting securities, by contract, or otherwise.
2.4 “MySkyHelp Third Party” means a person or entity under contract with MySkyHelp to assist in the provision of our Services either directly or indirectly to the Customer.
2.5 “Airline” means the commercial airline that operated the flight for which our Services may be provided.
2.6 “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.
2.7 “Assignment Agreement” means the document, in electronic or other format, requested by MySkyHelp on a case-by-case basis, whereby you and MySkyHelp agree that MySkyHelp shall become the owner of the Claim, subject to the terms of the Assignment Agreement, in order to collect and receive payments.
2.8 “Authority Document” means the document which authorizes MySkyHelp and/or a MySkyHelp Group Company or MySkyHelp Third Party to act on your behalf with regard to your Claim. The document may be in many shapes and forms, due to various jurisdictional requirements, including, but not limited to, a power of attorney or certificate of authorization.
2.9 “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.
2.10 “Compensation Service” means the service whereby MySkyHelp, either by itself or together with its Group Companies and MySkyHelp Third Parties, pursues a Claim on your behalf. This may include Legal Action.
2.11 “Customer” means you; the person who has accepted these Terms. The Customer may also be referred to as “Client” on some documents.
2.12 “Discretion” means that MySkyHelp has the right to make decisions with regards to your Claim. Our decisions are based on data and are described further in section 4: How MySkyHelp makes decisions with regards to your Claim.
2.13 “Eligible Claim” means a Claim that MySkyHelp has assessed, within its sole Discretion, as a Claim that MySkyHelp is willing to pursue on your behalf by providing you with the Compensation Service.
2.14 “Eligibility Service” means the service provided by MySkyHelp to determine whether your Claim is an Eligible Claim.
2.15 “Flight Compensation” means the total amount of money, or other receivables (where accepted by MySkyHelp in its Discretion), paid by an Airline in relation to a Claim as compensation, refund, damages, settlement, a gesture of goodwill, or otherwise, to you or MySkyHelp as a result of the Compensation Services. For the avoidance of doubt, Flight Compensation does not include any payments or reimbursements of Legal Expenses, collection cost, interest, or similar, which have been pre-financed by MySkyHelp or result from MySkyHelp's intervention.
2.16 “Fellow Passenger” means any passenger who the Customer has included in the Form for receipt of Flight Compensation, such as a family member or passenger that traveled together with the Customer on the Airline.
2.17 “Form” means the Assignment Form, Authority Document, power of attorney, or other documents which enable the MySkyHelp Group and MySkyHelp Third Parties to provide the Customer with our Services. MySkyHelp will determine which Form is the most appropriate on a Claim by Claim basis.
2.18 “Goodwill Claim” is where MySkyHelp makes a request to the Airline, in absence of developed Air Passenger Rights Regulations, for Flight Compensation. The Flight Compensation for Goodwill Claims may be monetary or in kind, such as a flight voucher, fidelity points, or air miles.
2.19 “Information Service” means MySkyHelp'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 either specific to the Customer’s flight or non-flight-specific general information. The information will be delivered through electronic communication, including email, a personalized dashboard, or MySkyHelp controlled websites.
2.20 “Lawyer” means any attorney at law and/or law firm that MySkyHelp has contracted with for Legal Action or other legal services with regard to a Claim.
2.21 “Legal Action” means the preparation and filing of a Claim for judicial action, either by filing the Claim in court or before a government body, such as a national enforcement body (NEB), or handing over a Claim to a Lawyer, for presenting the Claim directly to the Airline or for judicial action, or moving the Claim from one jurisdiction to another.
2.22 “Legal Action Fee” means the fee listed in Our Fees that MySkyHelp charges you when you receive Flight Compensation for the provision of the Compensation Service that included Legal Action. The Legal Action Fee is paid in addition to the Service Fee.
2.23 “Legal Expenses” means all fees incurred by, paid by, or awarded to you or the MySkyHelp Group in further.
2.24 “Our Fees” refers to the fees and charges listed here, specifying accepted currencies and methods of payment, which are payable by you to MySkyHelp. In addition to Our Fees, MySkyHelp may be entitled to Legal Expenses from the Airline as described in these Terms.
2.25 “Reassignment Form” means the document that you and MySkyHelp sign to assign the rights of your Claim back to you, or to authorize your Claim back to you.
2.26 “Service Fee” refers to the fee listed in Our Fees that MySkyHelp charges you when you receive Flight Compensation following the provision of the Compensation Service.
2.27 “Services” encompasses any of our services, including, but not limited to, the Eligibility Service, Compensation Service, or Information Service provided by MySkyHelp or a MySkyHelp Third Party to you in accordance with these Terms and any additional terms specific to the Services selected by you.
2.28 “Withdrawal” refers to the process outlined in the Withdrawal and Termination section by which the Customer withdraws from either the Compensation Service or the Membership, or whereby MySkyHelp withdraws from the Compensation Service.
2.29 “VAT” means any system of value-added tax
- THE ELIGIBILITY AND INFORMATION SERVICES
3.2 If MySkyHelp determines that your Claim is eligible, MySkyHelp will provide you with the necessary Form. The purpose of this Form is to allow MySkyHelp to act on your behalf, either directly or indirectly, with Lawyers, the Airline or its representatives, and/or courts to obtain Flight Compensation.
3.3 The provision of the Information Service or Eligibility Service by MySkyHelp does not constitute a binding offer to provide you with any other Services, including, but not limited to, the Compensation Service.
- COMPENSATION SERVICE
4.1 Before starting the Compensation Service, you will need to:
4.1.1 Authorize your AH Signature on the Form, which will specify that you:
4.1.1.1 Agree to receive the Compensation Service.
4.1.1.2 Acknowledge that MySkyHelp will only claim monetary Flight Compensation, and that it is at MySkyHelp’s sole discretion to accept travel vouchers and/or other services as Flight Compensation. Offers for non-monetary compensation may be treated by MySkyHelp as an Airline’s refusal of Flight Compensation.
4.1.1.3 Affirm that you are not pursuing the Claim by any other means, either directly or through any other third parties, and that no legal dispute is directly or indirectly pending or expected between you and the Airline on the same matter.
4.2 If you have any existing engagements or assignments regarding your Claim, you must cancel them immediately.
4.3 If you do not complete these steps, you will not receive the Compensation Service.
4.4 Upon receipt and review of the Form, MySkyHelp will confirm to you in writing, either by email or other written form, that MySkyHelp will commence the Compensation Service. MySkyHelp may decide, at its sole discretion, whether to proceed with or reject the provision of the Compensation Service, or may request further information or documentation before starting the Compensation Service.
4.5 After submitting the Form:
4.5.1 You may not assign the Claim to any other party as the legal title to the Claim has been assigned to MySkyHelp.
4.5.2 You may not mandate or authorize another third party to act on your behalf concerning the same Claim.
4.6 If you receive any direct payments or any other compensation from the Airline after entering into the compensation agreement, you must inform MySkyHelp immediately. Such payments will be considered Flight Compensation and entitle MySkyHelp to the Service Fee, and the Legal Action Fee if Legal Action was taken by MySkyHelp before you received payment from the Airline.
4.7 After submitting the Form, you must cease negotiations with the Airline and direct any communication you have with the Airline regarding your Claim to MySkyHelp.
Reassignment
4.8 Your claim may be reassigned back to you either at your request or by MySkyHelp’s initiative. In each case, this will be done in writing by you and MySkyHelp signing a Reassignment Form. If you have signed an Authority Document, you may withdraw the authority given in the Authority Document by giving written notice to MySkyHelp.
Customer Representative
4.9 If you are acting as a representative or on behalf of a passenger or passengers, you must first obtain a power of attorney to act on their behalf and provide evidence of this upon request by MySkyHelp. For minor passengers, you must 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
4.10 Once MySkyHelp has notified you in writing as stated above, MySkyHelp will provide the Compensation Service with the aim of obtaining Flight Compensation on your behalf.
4.11 You will need to provide MySkyHelp with all data or information required for the execution of the Compensation Service. You warrant that the data and information you provide is correct, complete, and true, and, where applicable, with the consent of Fellow Passengers. Flight data and information may be submitted to MySkyHelp via the website, email, other electronic or software solutions supported by MySkyHelp, or phone.
4.12 MySkyHelp may request additional information such as:
4.12.1 Passenger name, surname, email address, phone number, type of disruption (delay, canceled flight, or denied boarding/overbooking), reason for delay (if possible), length of delay, name of the Airline, flight number, date of the flight, place of departure and arrival, and description of the incident.
4.12.2 An additional Form which may be sent to MySkyHelp via the web form or any other electronic solutions supported by MySkyHelp, or using email, or postal service.
4.13 You acknowledge that failure to provide MySkyHelp with any such information will negatively impact MySkyHelp’s ability to provide the Compensation Service.
Flight Compensation and Legal Action
4.14 Upon receiving your Form, MySkyHelp will prepare a request for payment and send it to the Airline and handle all further correspondence. For this part of the Compensation Service, if Flight Compensation is paid, you will be required to pay MySkyHelp the Service Fee.
4.15 If the Airline fails to pay Flight Compensation within a reasonable period after being notified by MySkyHelp, or should MySkyHelp, at its sole discretion, assess that the Airline is unlikely to respond to a request for payment, MySkyHelp may initiate Legal Action.
4.16 In the event that Legal Action is initiated and Flight Compensation is paid, you will be required to pay MySkyHelp the Legal Action Fee in addition to the Service Fee.
4.17 In the event that a Lawyer is used for Legal Action, you expressly consent to MySkyHelp providing the Lawyer access to all the data communicated to MySkyHelp in order for the Lawyer to take Legal Action.
4.18 Where a separate Form or other additional documents are required to undertake Legal Action, you undertake to provide such additional documents. In cases where you have signed an Assignment Agreement, and later sign an Authority Document (or similar), you accept that the Authority Document assigns the Claim back to you.
4.19 If MySkyHelp or the Lawyer commences Legal Action to pursue a Claim, MySkyHelp will cover any Legal Expenses incurred during the Legal Action, even if the Legal Action is lost. In the event that the lawsuit is won or a settlement has been reached between the Airline and MySkyHelp, MySkyHelp may cover any costs incurred that are not covered by the Airline. When applicable, if a lawsuit is won, a claim for reimbursement of Legal Expenses will be put forward. The same applies to Legal Expenses regardless of whether the legal proceedings are performed by MySkyHelp or a Lawyer. For the avoidance of doubt, all reimbursements, including Legal Expenses and interest, shall belong to MySkyHelp.
4.20 You agree and acknowledge that the final outcome of Legal Action and obtaining Flight Compensation may take years.
Settlements
4.21 MySkyHelp, at its sole discretion, may offer to or accept from the Airline individual or collective Claim settlements for Flight Compensation.
4.22 You acknowledge that the decision to accept a settlement from the Airline for Flight Compensation rests solely with MySkyHelp, since you have assigned the Claim to MySkyHelp. In case MySkyHelp acts on your behalf in accordance with an Authority Document, you authorize MySkyHelp to accept or reject settlement offers based on MySkyHelp’s discretion, without the need for your additional consent.
4.23 MySkyHelp may pursue the assigned Claim in its own name, with or without the help of a Lawyer. Where appropriate and/or legally necessary, MySkyHelp may reassign the Claim to you and you agree to authorize MySkyHelp again with an Authority Document to deliver the Compensation Service and collect and/or receive payments.
4.24 You are responsible for providing the correct data to proceed with the Compensation Service. MySkyHelp shall not be held liable for any incorrect communications, documents, incorrect data/information, and fraudulent conduct shared by you. In the event that you provided deliberately incorrect information or data, in addition to any other recourse MySkyHelp may have under these Terms, you will, upon request by MySkyHelp, reimburse MySkyHelp for the Legal Expenses.
Goodwill Claims
4.25 In jurisdictions where the Air Passenger Rights Regulations may be less developed and obtaining Flight Compensation less likely, upon your decision to proceed, MySkyHelp may attempt to obtain Flight Compensation through a Goodwill Claim.
How MySkyHelp makes decisions with regards to your Claim
4.26 MySkyHelp uses its discretion in making decisions regarding whether to pursue your Claim during the Eligibility Service or at any time during the Compensation Service, including whether to pursue your Claim with Legal Action, to make or accept a settlement offer from the Airline, to withdraw the Claim, or to pursue a Goodwill Claim. MySkyHelp’s discretion is based on a number of factors including, but not limited to, the applicable Air Passenger Rights Regulations, the jurisdictions and court systems in which we may pursue your Claim, Legal Expenses and the likelihood that MySkyHelp may obtain or be obliged to pay Legal Expenses, the Airline’s historic behavior with similar Claims, the average length of time it may take to obtain Flight Compensation or a favorable ruling through Legal Action, the quality of the information that you have provided MySkyHelp with regards to your Claim, any factual information that may make obtaining Flight Compensation difficult, advice from Lawyers, and MySkyHelp’s experience with similar Claims.
5. FEES AND PAYMENTS
Our Fees
5.1 Our Fees is the price list that details all the fees, charges, and prices that MySkyHelp receives in consideration for providing you with our Products and Services.
5.2 MySkyHelp provides you with the Eligibility Service and Information Service free of charge.
5.3 MySkyHelp provides the Compensation Service free of charge except where MySkyHelp is successful in obtaining Flight Compensation for you.
5.4 If MySkyHelp is successful, MySkyHelp will transfer the Flight Compensation to you, subject to Our Fees.
5.5 If you have provided MySkyHelp with incorrect or incomplete payment information and the amounts we have paid to you for Flight Compensation have been returned to MySkyHelp, MySkyHelp will make reasonable efforts to contact you, including email reminders and other means of communication provided by you to MySkyHelp. If you do not respond to provide correct payment information, MySkyHelp shall be entitled to keep the part of the Flight Compensation that otherwise should have been transferred to the Customer.
5.6 In the event that the Flight Compensation and/or Legal Expenses, interest, or similar are transferred directly from the Airline to you, you will:
5.6.1 As soon as reasonably practicable, inform MySkyHelp of the payment.
5.6.2 Be invoiced and liable to pay Our Fees, Legal Expenses, interest, or similar, if any, to MySkyHelp without unreasonable delay.
5.7 When MySkyHelp has paid the Flight Compensation in accordance with the instruction of and method selected by the Customer, MySkyHelp shall not be liable for:
5.7.1 Checks, prepaid debit cards, credit cards, and similar lost in transit to the Customer;
5.7.2 Any effect of the Customer giving wrong bank account information, wrong address, or similar, including, but not limited to, the Flight Compensation being paid to the wrong receiver. If Flight Compensation has been paid to a wrong receiver at the fault of the Customer, MySkyHelp shall not be obligated to actively reclaim it.
5.8 You shall not be entitled to claim any interest on the Flight Compensation during the time period between when MySkyHelp receives it and when it is transferred to you. MySkyHelp reserves the right to retain any interest that it has recovered from the Airline, including interest recovered following Legal Action.
5.9 MySkyHelp shall not be liable for any amount of compensation, damages, or similar, if we are prevented from transferring the payment to you by an event beyond MySkyHelp’s control, including, but not limited to, strike, lock-out, labor dispute, force majeure, natural disasters, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, and storm.
5.10 The Service Fee and the Legal Action Fee apply to any kind of settlement whenever MySkyHelp is able to obtain Flight Compensation, whether obtained through court decision, settlement with the Airline, or where MySkyHelp has settled the Claim with the Airline jointly with other Claims.
- WITHDRAWAL AND TERMINATION
Your Right of Withdrawal of Compensation Service and Membership
6.1 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 who engages in a legal transaction for a purpose other than your commercial or independent vocational activity, then you possess a legal right of Withdrawal.
6.2 You have the right to withdraw from the Compensation Service or Membership within 14 days from the commencement of the Compensation Service or Membership for free and without the need to specify any reasons. To exercise your right to Withdrawal, the Withdrawal must be communicated (e.g., by letter, email, or contact form) within the 14-day period mentioned above, and it must clearly state your wish to withdraw from the Compensation Service or Membership.
6.3 Due to the nature of the service provided, you agree that you cannot withdraw from:
6.3.1 The Compensation Service if MySkyHelp has informed you that the Airline has accepted the Claim.
6.3.2 Any Service where, by the nature of the Service, MySkyHelp has already completed the provision of the Service by the time of the withdrawal request.
6.4 The Withdrawal shall be sent to:
EGL Arendus OÜ
Lasnamäe 4a-26
11412 Tallinn
Estonia
or
email: acc3ss27@gmail.com
To request your Withdrawal you may copy and paste the sample text below, adding your details. (You are not obliged to use exactly this text.)
Sample cancellation form
I hereby terminate the agreement concluded by me:
MySkyHelp Claim number:
Date claim was filed:
Name of customer:
Address of the customer:
Signature of customer:
Date:
End of sample text
6.5 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 MySkyHelp
6.6 MySkyHelp has the right to withdraw from the Compensation Service in the event of identifying obstacles beyond the control of MySkyHelp that prevent MySkyHelp from obtaining Compensation for you. These may include, but are not limited to, Airline insolvency, court closure, lockdown measures, low Flight Compensation value, etc. In these cases, MySkyHelp shall notify you of the obstacles and close your Claim. No fee will apply.
Termination of the Compensation Service and Membership
6.7 The Services will terminate upon the earlier of the following to occur:
6.7.1 The Compensation Service terminates when the Claim has been settled with the Airline, you have received the Flight Compensation, and all amounts payable by you to MySkyHelp, if any, have been paid, or
6.7.2 Either you or MySkyHelp, at any time, for any reason, give timely written notice of termination; or
6.7.3 By MySkyHelp immediately where:
6.7.3.1 You have breached your obligations under the Terms or any other applicable rules or regulations,
6.7.3.2 You have provided incorrect information, engaged in fraud, or engaged in activities that MySkyHelp may reasonably suspect to be misleading or fraudulent, in which case you will not be entitled to the Flight Compensation or any other payments.
6.8 MySkyHelp reserves the right to claim its losses when terminating as a result of your breach.
6.9 MySkyHelp reserves the right to refuse the Membership to any person and, in case of breach of the Terms by the Member, terminate the Membership at any time.
6.10 MySkyHelp has the right to suspend your Membership if there are reasonable grounds to suspect misleading or fraudulent activities. In this case, you must provide MySkyHelp with any documentation we require to investigate, you will not be able to cancel your Membership, and no payments or refunds will be made until MySkyHelp is satisfied that no fraud has occurred. If MySkyHelp determines, in its sole discretion, that there is sufficient evidence of fraud, MySkyHelp will have the right to terminate the Membership and exercise its rights under these Terms or applicable law, including without limitation, for the recovery of any amounts paid and informing the competent authorities.
Consequence of Termination and Withdrawal of the Compensation Service
6.11 Upon termination of the Compensation Services for any reason, you shall immediately pay any fees payable to MySkyHelp under the Terms, including without limitation in the case of Customer Withdrawal after the Airline confirms the payment of Flight Compensation.
6.12 MySkyHelp will not automatically reassign your Claim to you upon Withdrawal or termination. You must request MySkyHelp to reassign your Claim, and MySkyHelp will send you the Reassignment Form for you to sign.
6.13 In the event that you Withdraw from the Compensation Service or MySkyHelp terminates due to your breach of the Terms, MySkyHelp shall be entitled to obtain the following from you:
6.13.1 MySkyHelp’s Legal Expenses, if MySkyHelp has commenced a Legal Action; or,
6.13.2 An amount equal to the Legal Expenses, if, following the Withdrawal, MySkyHelp is requested by a Judicial Authority to pay the Legal Expenses due to the Airline; or,
6.13.3 MySkyHelp’s Service Fee, and, where there was Legal Action, the Legal Action Fee, where you subsequently obtained Flight Compensation directly from the Airline.
- DATA PROTECTION
7.1 All personal data collected during the provision of our Services, or connected to the provision of our Services, will be subject to the MySkyHelp Privacy Statement.
- GENERAL PROVISIONS
8.1 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 over which MySkyHelp 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.
8.2 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.
8.3 You hereby acknowledge and agree that MySkyHelp 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.
Disclaimer of Warranties and Limitation of Liability
8.4 MySkyHelp has many sources of information and data that make up the information and services available under these Terms. Although MySkyHelp tries to provide accurate information, our Services may be subject to omissions and errors. Our Services are provided ‘as is’. To the fullest extent permitted by law, MySkyHelp disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third party’s rights, accuracy of information, and fitness for a particular purpose. MySkyHelp makes no representations or warranties that our Services will result in Flight Compensation, meet your requirements, or be secure, free of viruses or other harmful components, timely, uninterrupted, accurate, complete, or reliable. You acknowledge and agree that your use of our Services is at your own risk. To the fullest extent permitted by applicable law, MySkyHelp and its Group Companies will not be liable for any direct, indirect, punitive, incidental, special, consequential losses or damages, or any loss of income, profits, goodwill arising out of or in any way related to i) our Services, ii) delay or inability to access our Services; iii) virus, bugs, trojan horses, software, information, third parties’ linked websites, services obtained through the use of our Services, iv) or any other matter relating to our Services, whether based on contract, tort, strict liability, or otherwise, even if MySkyHelp, its Group Companies, or any of its suppliers has been advised of the possibility of such damages.
8.5 These Terms do not affect any of your statutory legal rights that cannot be excluded by law. If you are not satisfied with any portion of our Services or with these Terms, your sole and exclusive remedy is Withdrawal in accordance with the Terms.
Versions and Modifications
8.6 MySkyHelp reserves the right to amend sections of these Terms at any time without further notice. The latest version will always be available on the MySkyHelp website.
8.7 MySkyHelp regularly updates the features of our Services and these Terms to improve how we deliver our Services to you. As a result, any new features of our Services will be subject to the latest version of the Terms displayed on the MySkyHelp website.
8.8 Nonetheless, your use of the Services will be governed by the version of the Terms in place on the date in which you accepted them. If you are unsure of which version of the Terms applies to you, please contact MySkyHelp at acc3ss27@gmail.com and we’ll provide them to you.
Entire Agreement
8.9 These Terms are the complete and exclusive statement relating to its subject matter and supersede all prior communications (oral or in writing) between you and MySkyHelp.
8.10 You may not transfer any of your rights or obligations under these Terms without our prior written consent. MySkyHelp may transfer any of its rights or obligations under these Terms to any MySkyHelp Group Companies or any third party designated by MySkyHelp.
Alternatives to the Compensation Services
8.11 If you wish to pursue your Claim through other alternatives than MySkyHelp’s Compensation Services, the following are other options for enforcing the Claim: your own extrajudicial or judicial action against the airline, support from a lawyer, an enquiry directly with the respective Airline. In Germany, you can use the offer of the conciliation body for public passenger transport (die Schlichtungsstelle für den öffentlichen Personenverkehr e. V. “söp”), the online form of the German Federal Aviation Authority, and the Air Transport Arbitration Body at the German Federal Office of Justice.
Governing Law and Jurisdiction
8.12 These Terms, Forms, and the agreement between MySkyHelp and you, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by the laws of Germany, without regard to conflict of laws principle. This shall not affect mandatory provisions of the legal system that would apply without this choice of law clause, e.g. the mandatory provisions of the customer's country of residence.
8.13 If any provision (or part thereof) of these Terms is held by any court, or other competent authority to be void or unenforceable in whole or part, such void provision shall be deemed to be replaced by an enforceable provision with the closest effect possible to the original provision and these Terms shall continue to be valid with respect to the other provisions and the remainder of the affected provisions.
8.14 Any failure or delay by MySkyHelp in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of our rights or remedies.
8.15 The English version of these Terms shall prevail in case of inconsistency to any other language version.