Terms And Conditions — Brazil

1. USE AND NATURE OF OUR SERVICES

Use of our Services 

1. By accepting these Terms and using our Services you affirm you are (i) a natural person over the age of legal majority in your country of residence who can enter into legally binding agreements under applicable law, and (ii) 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

2. The AirHelp Group provides services to help air passengers manage the impact of flight disruption. These services may change from time to time, but include facilitating the negotiation and 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.

3. AirHelp 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, AirHelp may forward your case to external Lawyer​​s. 

2. DEFINITIONS

In these Terms, the following defined terms shall have the meanings stated below:

1. “AH Signature” means a signature provided by you electronically via the online AirHelp signing tool, and considered the equivalent of a handwritten signature. In the event you are unable to provide an AH Signature, or if it is required by law or court order for any reason, a handwritten, scanned, or other kind of electronic signature may be required. 

2. “AirHelp” means AirHelp Brasil Ltda., a company incorporated in Brazil, with its registered office at Avenida Engenheiro Luiz Carlos Berrini no 1.140 7o andar, sala 72, São Paulo — SP, CEP 04571-000.. 

3. “AirHelp Group Company” means any entity that is, directly or indirectly, controlled by AirHelp or which controls AirHelp, whether through the ownership of share capital and/or voting securities, by contract, or otherwise.

4. “AirHelp Third Party” means a person or entity under contract with AirHelp to assist in the provision of our Services either directly or indirectly to the Customer. 

5. “Airline” means the commercial airline that operated the flight for which our Services may be provided. 

6. “Air Passenger Rights Regulations” means any law, regulation, directive, international convention, or similar, whether issued on a federal, state, municipal, 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 and Resolution No. 400 of the National Civil Aviation Agency of Brazil (ANAC).

7. “Authority Document” means a document which authorizes AirHelp and/or an AirHelp Group Company or AirHelp Third Party to act on your behalf with regard to your Claim. Such documents may be in many shapes and forms, due to various jurisdictional requirements, including, but not limited to, a proxy or a power of attorney.

8. “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.

9. “Compensation Service” or “Conflict Resolution Service” means the service whereby AirHelp, either by itself or together with its Group Companies and AirHelp Third Parties, pursues a Claim on your behalf. This may include forwarding the Claim to an external Lawyer.

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

11. “Discretion” means that AirHelp 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 AirHelp makes decisions with regards to your Claim.

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

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

14. “Flight Compensation” means the total amount of money, or other receivables (where accepted by AirHelp 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 AirHelp 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 AirHelp or result from AirHelp's intervention.

15. “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. 

16. “Form” means the Authority Document, proxy, power of attorney, or other documents which enable AirHelp, the AirHelp Group and/or AirHelp Third Parties to provide the Customer with our Services. AirHelp will determine which Form is the most appropriate on a Claim by Claim basis. 

17. “Information Service” means AirHelp'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 AirHelp controlled websites.

18. “Lawyer” means an external attorney at law and/or law firm pre-registered on AirHelp’s platform to whom AirHelp and you have agreed to refer a Claim to.

19. “Legal Action” means  handing over a Claim to an external Lawyer, for presenting the Claim directly to the Airline or for judicial action.

20. “Legal Expenses” means all fees incurred by, paid by, or awarded to you or the AirHelp Group in furtherance of a Legal Action, including, but not limited to, attorneys fees, application fees, court and clerk costs, translation costs, bailiff’s costs, extrajudicial collection, or any other related fees and expenses.

21. “Negotiation Phase” is the part of our Compensation Service in which AirHelp contacts the Airline or its representatives in an attempt to find an amicable solution to the Claim.

22. “Our Brazilian Fees” means the fees and charges listed here specifying accepted currencies, methods of payment which are payable by you to AirHelp. In addition to Our Brazilian Fees, AirHelp may be entitled to Legal Expenses from the Airline as described in these Terms.

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

24. “Services” means any of our services, including, without limitation, the Eligibility Service, Compensation/Conflict Resolution Service or Information Service, provided by AirHelp or an AirHelp Third Party to you in accordance with these Terms and any additional terms specific to the Services selected by you.

25. “Withdrawal” means the process set forth in the Withdrawal and Termination section by which the Customer or AirHelp withdraw from the Compensation Service. 

3. THE ELIGIBILITY AND INFORMATION SERVICES

Getting Started

1. After you have accepted these Terms, AirHelp will provide you the Eligibility Service and Information Service to determine whether AirHelp believes, in its sole Discretion, you have an Eligible Claim.

2. If AirHelp makes this determination, AirHelp will provide you with a Form. The purpose of the Form is to permit AirHelp to engage the Airline or its representatives in the Negotiation Phase on your behalf, in order to obtain Flight Compensation. If the Negotiation Phase is not successful, another Form may be required in order to allow an external Lawyer to pursue your Claim in court.

3. Provision of the Information Service or Eligibility Service by AirHelp shall not constitute a binding offer to provide you with any other Services, including, without limitation, the Compensation Service.    

4. COMPENSATION SERVICE

Submitting the Form

1. Prior to commencing the Compensation Service, you will be required to:

   1. authorize your AH Signature on the Form which will specify that you:

      1. agree to receive the Compensation Service.

      2. acknowledge that AirHelp will only claim Flight Compensation that is monetary, and that it is in AirHelp’s sole Discretion to accept travel vouchers and/or other services as Flight Compensation and that Airline offers for non-monetary compensation may be treated by AirHelp as an Airline’s refusal of Flight Compensation. 

      3. affirm that you are not pursuing the Claim by any other means either directly or through any other third parties and no legal dispute is directly or indirectly pending or expected between you and the Airline on the same matter.

2. If you have any existing engagement or assignments with regard to your Claim, you must cancel these immediately. 

3. If you have not done these steps, you will not receive the Compensation Service.

4. Upon receipt and review of the Form, AirHelp will confirm to you in writing, either by email or other written form, that AirHelp will commence the Compensation Service. AirHelp may decide, in its sole Discretion, whether to proceed with or reject the provision of the Compensation Service, or may request further information or documentation prior to commencement of the Compensation Service.

5. After submitting the Form, 

   1. you may not submit or assign the Claim to any other party. 

   2. you may not mandate or authorize another third party to act on your behalf concerning the same Claim.

   3. you may not sell or assign the potential Flight Compensation credits to financial institutions of any kind.

6. If you receive any direct payments or any other compensation from the Airline after entering into the compensation agreement, you must advise AirHelp immediately. Such payments shall be considered Flight Compensation and entitle AirHelp to the Service Fee. 

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 AirHelp. 

   Customer Representative

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

   Commencing the Compensation/Conflict Resolution Services

9. Where AirHelp has notified you in writing as stated above, AirHelp will provide the Conflict Resolution Service with the intention of obtaining Flight Compensation on your behalf.

10. You will provide AirHelp with all data or information that is required for the execution of the Conflict Resolution 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 AirHelp via the website, email, other electronic or software solutions supported by AirHelp, or phone.

11. AirHelp may request that you provide additional information such as:

    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 incident.

    2. an additional Form which may be sent to AirHelp via the web form or any other electronic solutions supported by AirHelp, or using email, or postal service. 

12. You acknowledge that failure to provide AirHelp with any such information will negatively impact AirHelp’s ability to provide the Compensation Service.

    Flight Compensation

13. On receiving your Form, as part of the Negotiation Phase, AirHelp will prepare a request for payment and send it to the Airline and handle all further correspondence.

14. If the Airline fails to pay Flight Compensation within a reasonable period after being notified by AirHelp, AirHelp may forward the Claim to an external Lawyer.

15. In the event that an external Lawyer advises Legal Action, you expressly consent to AirHelp providing the Lawyer access to all the data communicated to AirHelp in order for the Lawyer to take Legal Action.

16. Where a separate Form or other additional documents are required for the  external Lawyer to undertake Legal Action, you undertake to provide such additional documents.

17. If the external Lawyer commences Legal Action to pursue a Claim, any Legal Expenses incurred during the Legal Action will be covered, even if the Legal Action is lost. When applicable, if a lawsuit is won, a claim for reimbursement of Legal Expenses will be put forward.  For the avoidance of doubt, all reimbursements, including Legal Expenses and interest, shall belong to AirHelp.

18. You agree and acknowledge that in some cases it may be necessary for you to attend a court hearing, either online or in person. Failure to attend a court hearing may result in the dismissal of the case and the imposition of court costs and will be interpreted by AirHelp as Withdrawal of the Services. In this case, as an exception to the above and as provided in the Withdrawal and Termination clause, AirHelp reserves the right to charge you for any costs awarded against you or AirHelp as a result of your failure to attend such a hearing.

19. You agree and acknowledge that the final outcome of Legal Action and obtaining Flight Compensation may take years.

    Settlements

20. AirHelp, in its sole Discretion, may offer to or accept from the Airline individual or collective out-of-court settlements for Flight Compensation, without the need for your additional consent.

21. In case Legal Action was started by the external Lawyer, you acknowledge that the decision to accept a court settlement from the Airline for Flight Compensation rests solely with the Lawyer acting on your behalf in accordance with an Authority Document. You authorize the Lawyer to accept or reject a court settlement offer based on the Lawyer’s discretion and experience, without the need for your additional consent.

22. You are responsible for providing the correct data to proceed with the Compensation Service. AirHelp 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 AirHelp may have under these Terms, you will, upon request by AirHelp, reimburse AirHelp for the Legal Expenses. 

    How AirHelp makes decisions with regards to your Claim

23. AirHelp uses its Discretion in making decisions regarding whether to pursue your Claim during the Eligibility Service or at any time during the Compensation/Conflict Resolution Service, including whether to forward your Claim to an external Lawyer, to make or accept a settlement offer from the Airline or to withdraw the Claim.

24. AirHelp’s Discretion is based on a number of factors including, without limitation, the applicable Air Passenger Rights Regulations, statistical and probability modelling, 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 AirHelp with regards to your Claim, any factual information that may make obtaining Flight Compensation difficult, advice from external Lawyers, and AirHelp’s experience with similar Claims. 

5. FEES AND PAYMENTS

Our Fees

1. Our Brazilian Fees is the price list that details all the fees, charges, and prices that AirHelp receives in consideration for providing you with our Products and Services. 

2. AirHelp provides you with the Eligibility Service and Information Service free of charge. 

3. AirHelp provides Compensation/Conflict Resolution Service free of charge except where AirHelp is successful in obtaining Flight Compensation for you. 

4. If AirHelp is successful, AirHelp will transfer the Flight Compensation to you, subject to Our Brazilian Fees. 

5. If you have provided AirHelp with incorrect or incomplete payment information and the amounts we have paid to you for Flight Compensation have been returned to AirHelp, AirHelp will make reasonable efforts to contact you, including email reminders and other means of communication provided by you to AirHelp. If you do not respond to provide correct payment information, AirHelp shall be entitled to keep the part of the Flight Compensation that otherwise should have been transferred to the Customer. The Customer is entitled to claim these amounts within the applicable legal timeframe.

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 (i) as soon as reasonably practicable, inform AirHelp of the payment, and (ii) be invoiced and liable to pay Our Brazilian Fees, Legal Expenses, interest, or similar, if any, to AirHelp without unreasonable delay.

7. When AirHelp has paid the Flight Compensation in accordance with the instruction of and method selected by the Customer, AirHelp shall not be liable for 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, AirHelp shall not be obligated to actively reclaim it.

8. You shall not be entitled to claim any interest on the Flight Compensation during the time period between when AirHelp receives it and when it is transferred to you. 

9. AirHelp 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 AirHelp’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 court, law or governmental order, rule, decision, regulation or direction, accident, breakdown of plant or machinery, fire, flood, and storm.

10. The Service Fee applies to any kind of settlement whenever AirHelp is able to obtain Flight Compensation whether obtained through court decision, settlement with the Airline, or where AirHelp has settled the Claim with the Airline jointly with other Claims.

6. WITHDRAWAL AND TERMINATION

Your Right of Withdrawal of Compensation Service

1. If you qualify as a consumer under the Brazilian Consumer Defense Code, 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. 

2. You have the right to withdraw from AirHelp Services within 7 days from the commencement of such service for free and without the need to specify any reasons. To exercise your right to Withdrawal, the Withdrawal must be communicated by written communication (e.g., by letter, email, or contact form) within the 7-day period mentioned above, and it must clearly state your wish to withdraw from the Service. Due to the nature of the service provided, you cannot withdraw from our Compensation/Conflict Resolution Service if AirHelp has informed you that the Airline has accepted the Claim or from any Service if AirHelp has already completed the provision of the Service by the time of the Withdrawal request. 

3. The Withdrawal shall be sent to:

   AirHelp Brasil Ltda. 
   Avenida Engenheiro Luiz Carlos Berrini 
   no 1.140, 7o andar, sala 72
   São Paulo — SP
   CEP 04571-000
   or
   email: [email protected]
   email subject: Notice of Withdrawal

   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:

   AirHelp Claim number:
   Date claim was filed:
   Name of customer:
   Address of the customer:
   Signature of customer:
   Date:

   ---------

   *End of sample text

4. Following the 7-day Withdrawal period, you may Withdraw your acceptance of the Compensation Service subject to the Terms.

   Withdrawal of Compensation Service by AirHelp

5. AirHelp has the right to withdraw from the Compensation Service in the event of identifying obstacles beyond the control of AirHelp that prevent AirHelp 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, AirHelp shall notify you of the obstacles and close your Claim. No fee will apply.

   Termination of the Compensation Service 

6. The Compensation Service will terminate upon the earlier of the following to occur:

   1. When the Claim has been settled with the Airline, you have received the Flight Compensation, and all amounts payable by you to AirHelp, if any, have been paid, or

   2. Either you or AirHelp, at any time for any reason, give timely written notice of termination; or

   3. By AirHelp immediately where (i) you have breached your obligations under the Terms or any other applicable rules or regulations, (ii) you have provided incorrect information, engaged in fraud, or engaged in activities that AirHelp may reasonably suspect to be misleading or fraudulent, in which case you will not be entitled to the Flight Compensation.

7. AirHelp reserves the right to claim its losses when terminating as a result of your breach.

   Consequence of Termination and Withdrawal of the Compensation/Conflict Resolution Service

8. Upon termination of the Compensation Services for any reason, you shall immediately pay any fees payable to AirHelp under the Terms, including without limitation in the case of Customer Withdrawal after the Airline confirms the payment of Flight Compensation.

9. In the event that you Withdraw from the Compensation Service or AirHelp terminates due to your breach of the Terms, AirHelp shall be entitled to obtain the following from you:

   1. Legal Expenses incurred, if Legal Action has been initiated by the external Lawyers; or,

   2. An amount equal to the Legal Expenses, if, following the Withdrawal, there is a request by a Judicial Authority to pay the Legal Expenses due to the Airline; or, 

   3. AirHelp’s Service Fee, where you subsequently obtained Flight Compensation directly from the Airline.

7. 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 AirHelp Privacy Statement.

8. GENERAL PROVISIONS

Third Parties Services

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 under which AirHelp has no control. Although our Services may provide information about or access to third-party suppliers and facilitate use of these third-party providers, such Services do not constitute any sponsorship, affiliation, or endorsement of these third-party providers.

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. 

3. You hereby acknowledge and agree that AirHelp 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

4. AirHelp has many sources of information and data that make up the information and services available under these Terms. Although AirHelp 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, AirHelp 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. AirHelp 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, AirHelp 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 AirHelp, its Group Companies, or any of its suppliers has been advised of the possibility of such damages.

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.

   Modifications and Entire Agreement

6. Any new features of our Services will be subject to these Terms. AirHelp reserves the right to amend sections of these Terms at any time without further notice. The latest version will always be available on the AirHelp website. Please visit the AirHelp Website from time to time to review the changes as they are binding to you. Your continued use of our Services following the posting of changes to these Terms or other policies means you accept the changes.

7. 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 AirHelp.

8. You may not transfer any of your rights or obligations under these Terms without our prior written consent. AirHelp may transfer any of its rights or obligations under these Terms to any AirHelp Group Companies or any third party designated by AirHelp.

   Alternatives to the Compensation Services

9. If you wish to pursue your Claim through other alternatives than AirHelp’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 Brazil, you can use the offer of PROCON (Programa de Proteção e Defesa do Consumidor) services.

   Governing Law and Jurisdiction

10. These Terms, Forms, and the agreement between AirHelp 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 Brazil, 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.

11. 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.

12. Any failure or delay by AirHelp in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of our rights or remedies.

13. The Brazilian Portuguese version of these Terms shall prevail in case of inconsistency to any other language version.