Terms and Conditions

T.F.D. S.A. is a limited company with a capital of 30,000 euros, with head offices at 23, Rue Jean Jaurès in Luxembourg, registered with RCS under the number B226279 subject to value added tax and referenced under the number LU30429504 (“T.F.D.”)

Trafundo ®️ is the trade name and registered trademark of T.F.D. S.A.(“trafundo”)

T.F.D. is an expert company for the advice and support in the context of passenger indemnity procedures, under regulations EC 261/2004, EC 1177/2010, EC 1371/2007, EC 181/2011, and other national and international regulations as a result of damage suffered such as, and depending on the type of transport, overbooking, missed correspondence, cancellation, excessive delay, or downgrade. In this capacity, it is the editor of the internet site www.trafundo.com.

T.F.D. is not a company offering legal services, legal and/or judicial advice, but rather an amicable collection company, which may, where appropriate, bring the Client into con-tact with legal professionals in the event of a judicial recovery.

The contract entered into by the client (the “Contract”) is a mandate of procuration and lawyer in which T.F.D. acts as an agent in the name and on behalf of a client or principal who entrusts him with the mandate to be represented during amicable proceedings. In the context of contentious proceedings, the Client entrusts the mandate to be represented by judicial correspondents and/or legal advisers, proposed by T.F.D.

The present General Conditions of Sale apply to all services provided by T.F.D. on be-half of its Clients.

In accordance with the regulations in force, these General Conditions of Sale are systematically communicated and accepted by the Client before concluding any Contract with T.F.D. or its partners.

The fact that T.F.D. does not prevail, at any given time, of one or more of the present General Conditions of Sale cannot be interpreted as a waiver of its entitlement to later prevail one or more of the said General Conditions of Sale.

3.1 Study of the Client case

The Client must fill out the online form on the website and accept these General Condi-tions of sale before the conclusion of a contract. On this basis of the form, T.F.D. evalu-ates the chances of success of the Client’s claim free of charge.

T.F.D. reserves the right to refuse the Client request, if it doesn’t consider it appropriate, given the Client’s situation, documents and/or the information communicated.
Unless otherwise agreed, sending the form and/or ticking the box “I accept the General Conditions of Sale” implies the Client’s acceptance of these General Conditions of Sale from T.F.D.

If T.F.D. accepts the Client’s request, it sends a confirmation email to the Client after the Client has sent in the form.

T.F.D. recommends the Client that they keep this confirmation email.

The confirmation email is accompanied by the Contract. The Contract specifies the basis and the amount of the sums due with the distinct indication of the various elements of the receivable(s) to be recovered from the debtor, the terms and conditions of guaran-tee given to the Client against pecuniary consequences of the civil liability incurred be-cause of the debt recovery activity, and the conditions for the repayment of funds re-ceived on behalf of the Client.

Once the Contract has been signed by the Client, the latter returns it by email or by post to T.F.D. The Contract is only definitively concluded once T.F.D. receives it.

The Client commits to provide T.F.D all the documents requested and necessary for launching the procedure, and in particular all documents received by the carrier, as well as any other useful document, upon simple request from T.F.D. In case of non-communication of the necessary documents, within a delay of seven (7) days of the re-quest made by T.F.D., the latter reserves the right to terminate the Contract.

The documents provided to T.F.D. will be returned to the Client on simple request from the latter.

The Client guarantees and indemnifies T.F.D. of any prejudice, in the case whereby T.F.D. would be the subject of any action taken by a third party, due to the communication or transmission of information or documents by the Client.

3.2 Launch of the claims procedure

Upon receipt of the requested documents, the Client explicitly authorizes T.F.D., as well as its judicial correspondents and/or legal advisers, to directly or indirectly represent the Client with regard to the transport companies and to carry out all actions, amicably or judicially, where necessary throughout the procedure.

Upon collection of the claim, T.F.D. will send a letter to the carrier containing his/her identity, that of the Client, the basis and the amount of the sum due in principal, interest and other accessories, the indication of having to pay the amount due and the terms of payment of the debt, and the following stipulation: “the costs of recovery undertaken without an enforceable title remain the responsibility of the creditor, unless they relate to an act of which the fullfilment is prescribed by law. Any stipulation to the contrary is deemed unwritten unless otherwise provided by law. However, the creditor who justifies the necessary steps taken to recover his claim may request the enforcement judge to leave all or part of the costs thus incurred to the debtor in bad faith”.

3.3 Payment of Client indemnities

The Client authorizes T.F.D. to contact the carrier and to receive payment of the Indemnity in his/her name.

When T.F.D. has obtained redress from the carrier, T.F.D. transmits a copy of the airline company’s letter to the Client mentioning the amount of the Indemnity, within seven (7) days of receipt of this letter.

T.F.D. undertakes to pay the Client by bank transfer within seven (7) days after the exact identification of the beneficiary amounts, and after deduction of T.F.D.’s Remuneration, the Indemnity obtained, provided that the Client has provided his/her bank details (in particular the Bank Identity Statement).

T.F.D. will make an invoice available to the Client, within a period of seven (7) days from the effective receipt of the Indemnity, showing the compensation between the amount of the Indemnity received and the amounts due to the Client.
If the carrier does not indemnify the Client in cash but in kind, by travel vouchers for ex-ample or “miles” in the context of a loyalty program or “earn & burn”, the Client agrees to pay to T.F.D. the Remuneration, calculated on the value of the Indemnity paid in kind.
If the carrier pays the Indemnity directly to the Client, the latter commits to immediately inform T.F.D. and proceed, within a delay of seven (7) days from the payment of this Indemnity, with the payment of the Remuneration due to T.F.D. S.A. on the IBAN account. LU680030553469210000 (BIC code BGLLLULL)

All amounts due by the Client and not collected on the date indicated will be subject to delay penalties of up to 15% of the amount of the Remuneration, without prior notice by T.F.D. and the costs of recovery, undertaken with an enforceable title or if they concern an act of which the fulfilment is prescribed by law, of all amounts due to T.F.D. as such will be the responsibility of the Client.

T.F.D. will not claim any Remuneration or any charges if the Client does not receive any Indemnity. In this case, T.F.D. will personally take care of all charges for which it has accepted responsibility.

The Client has a delay of fourteen (14) full days to exercise their right to withdrawal, by registered letter with acknowledgement of receipt addressed to the head office of T.F.D., without justification or penalties. (Form for the right of withdrawal downloadable here). This delay runs from the date of the electronic signature of the Contract.

All claims and/or disputes by the Client against T.F.D. must be stipulated in writing by email within a delay of 48 hours following the event giving rise to the claim and/or dispute.

T.F.D. will perform its duties of recovering the Indemnity owed to the Client with prudence, diligence, loyalty and in compliance with the regulations in force.

T.F.D. will inform the Client about the progress of the Indemnity procedure and will re-port on its mission and management to the Client, upon simple request of the latter.
It is expressly agreed between the parties that T.F.D. only has an obligation of means in the execution of its mission and not an obligation of result.

T.F.D. will fully finance the Client’s amicable settlement procedure.

T.F.D. will have an escrow account to which the recovered funds will be allocated.

In case of the Client’s will to resort to legal proceedings, legal advisers and judicial correspondents (lawyers, ministerial officers), T.F.D. will offer these to the Client, while avoiding any conflict of interest.

T.F.D. certifies that it has taken out a professional civil liability insurance n°20460266 with the Foyer S.A. company, guaranteeing the risks incurred as a result of its professional activity.

T.F.D. will not, under any circumstances, be responsible in case of failure of the procedure, T.F.D. not being able to guarantee the result of an Indemnity procedure with a carrier.

The information provided by T.F.D. is not under any circumstance legal advice and is not under any circumstance to be substituted for the advice of a legal professional.

T.F.D. will incur liability for the actions performed by its legal representative on behalf of its Client.

T.F.D. cannot be responsible for the unavailability of its website trafundo.com or its services in case of force majeure, as defined by common law.

T.F.D. cannot be held responsible, and no Indemnity can be claimed, in case of failure to return, disappearance due to fire, loss and any cause resulting from a case of force majeure, of items entrusted by the Client.

The Client must ensure the certainty, the admissibility and the enforceability of his claim of Indemnity towards the carrier, which he/she entrusts to T.F.D.

Once the claim to Indemnity has been entrusted to T.F.D., the Client or any third party over whom he has control, shall not meddle or interfere in the conduct of the proceedings by T.F.D. to the exclusion of any question that may be put directly to the judicial correspondents mandated by the Client at the end of the amicable phase.

The Client accepts the legal advisers and/or legal partners proposed by T.F.D. up front, and undertakes not to mandate any other person as part of this procedure.

The Client must inform T.F.D. of any action that he or she may have taken before the date of the Contract and forward any document useful to the proper conduct of the procedure and in particular, any document received by the carrier before or during the procedure, as well as any document on which he intends to proceed to seek an Indemnity.

The Client commits not to undertake an indemnification procedure against a carrier at the same time, for the same facts, either with a competitor of T.F.D. or by his/her own means.
If the Client wishes to abandon the Indemnity procedure, in a case other than that provided for in Article 9 hereof, he/she must notify this by registered letter with acknowledgment of receipt to T.F.D. Within thirty (30) days following the notification of abandonment of the procedure to T.F.D. the Client commits to pay T.F.D. 25% of the amount of the primary Indemnity provided for in the Contract, as damages and interest due to the abandonment of the procedure by the Client without just cause.

The decision to terminate the Contract must be notified by email. It will take effect forty-eight (48) hours after it is received. The Contract is terminated by operation of law:

• The Contract may be terminated by the other party in case of serious non-performance by one of the parties of its contractual obligations, and after formal notice by registered letter with acknowledgment of receipt having remained for thirty (30) days without effect. Without prejudice to any damages that may be awarded to the terminating party, the costs and indemnities already due and to be due on the date of termination will be immediately settled at T.F.D.
• In case of disagreement between the Client and T.F.D. regarding the progress of the procedure, T.F.D. may terminate the Contract.
• In the event of a change in the regulations in force or a reversal of jurisprudence, the Contract may be terminated by operation of law at the request of T.F.D.
• For any case of force majeure lasting more than six (6) months, the Contract may be terminated at the initiative of one or other of the parties.
• In case of adverse rulings rendered by the court of first instance, the Contract may be terminated by operation of law at the request of either party.
• For any case of suspension of the Contract at the Client’s request for a duration of more than three (3) months, the Contract may be terminated by operation of law at the request of T.F.D.
• In case of a statute of limitations of the Indemnity claim by the Client, the Con-tract will be terminated by operation of law.
• In the event of the bankruptcy of the carrier or the carrier’s complaint against T.F.D., the Contract may be terminated by operation of law at the request of T.F.D.
• As of the opening judgment, in the event of cessation of payment, recovery or judicial liquidation of one or other of the parties, and if the administrator of the formal notice to continue the performance of the Contract has not invoked that possibility within a delay of one month starting from the receipt of notification, the Contract will be terminated.
• In case of death of the Client, the Contract may be terminated by his/her beneficiaries.

T.F.D. remains the owner of all intellectual property rights on studies, models, letters, the content of the website trafundo.com etc. made, even at the Client’s request, for the provision of services to the Client. The Client is prohibited from any reproduction or exploitation or communication of the said studies, models, letters, the content of the web-site trafundo.com etc. without the express written permission of T.F.D.

In application of the Data Protection Act, the information requested from the Client is necessary for the smooth running of the procedure and is intended for use by T.F.D. The Client has the right to access and rectify data concerning them. The Client may object to this data being communicated to third parties and refuse to receive commercial offers by indicating this to T.F.D.

Disclaimer

Under the new European Data Protection Directive (GDPR), T.F.D. processes your per-sonal data as stated in its statement policy. As provided by law, the Client has the right at any time and free of charge to oppose the processing of their data for direct marketing purposes, a right of access to information concerning him/her and a right to rectify as well as, where appropriate, a right to cancellation. For this purpose, the Client can address the customer service department of T.F.D in writing or by email at privacy@trafundo.com with proof of identity.

Any disputes to which these General Conditions of Sale could give rise, concerning their validity, their interpretation, their execution, their consequences and their aftermath will be submitted to the competent Courts of Luxembourg (in French)

These General Conditions of Sale and the transactions arising therefrom are governed by the laws of Luxembourg and are written (in their original version) in French.

These General Conditions of Sale are expressly agreed upon and accepted by the Customer, who declares and acknowledges having perfect knowledge of them, and there-fore to avail him/herself of any contradictory document.