General Terms of Service
ARTICLE 1. SCOPE OF APPLICATIONThese general terms of service (“GTS”) govern all orders placed by the customer (the “Client”) for one or more services as offered on the website www.mairesse-avocats.com (the “Site”) by the law firm MAIRESSE AVOCATS registered with the RCS PARIS under number 832 450 969 and whose registered office is located at 31 rue Dussoubs 75002 Paris (the “Firm”). The fact of placing an order for a service implies the client’s full and unreserved acceptance of these GTS to the exclusion of any other provision.
ARTICLE 2. DEFINITIONSCustomer: any natural person or legal body ordering a service on the site for strictly personal purposes. Order: Action for the Client to accept the present GTS by clicking the box “I have read the general terms of service and I confirm my claim”, to fill in the necessary information on the “Form” page and to validate the claim process until payment, under the conditions defined in article 4. Procedure: all the steps undertaken by the Firm in order to initiate an amicable procedure followed, if necessary, by legal proceedings, and to follow up on the client’s complaint until a decision of first instance is obtained or an amicable agreement is executed. Claim: The Clients claim against the airline, corresponding to the compensation provided for in Article 7 of EC Regulation 261/2004 of 11 February 2004. Service: The elements making up the service offered to the customer are detailed in article 3 below. Website: the website www.mairesse-avocats.comas published by MAIRESSE AVOCATS Law Firm.
ARTICLE 3. CONDITIONS OF SERVICEThe Firm has designed and developed an innovative IT tool enabling to automate many stages of the procedure, both in the amicable and litigation phases, in order to focus the main part of the lawyers’ activity on the analysis of the claims and their legal qualification. The time saved on repetitive and low value-added tasks is thus dedicated to the constant improvement of the IT system and to constantly improve the knowledge of the Firm’s employees. In order to remain a credible, influential and innovative player in the courts. The Firm proceeds as follows: – Completion by the Client of the online form: information related to passengers and disputed flight; – Transmission by the Client of verification/proof documents: upload of flight and identity documents, or any other additional documents which are necessary to handle the claim; – Validation by the Client of the claim and payment of the fixed fee; – The Firm confirms receipt of the complete case – Steps taken by the Firm with purpose to an amicable resolution of the claim directly with the airline and/or via an alternative dispute resolution method; – In the event that the amicable settlement fails, the Firm will refer the matter to the competent court and follow up the procedure until a settlement is reached or a court decision is issued. If the claim is successful, either amicably or by court decision, the compensation obtained shall be paid into the Firm’s CARPA sub-account. After deduction of the sums due to the Firm (in accordance with Article 5 hereof.) the compensation will be transferred as soon as possible to the Client.
ARTICLE 4. ORDERThe order is placed online by the Client. Before validating the order, the Client expressly accepts these GTS, by clicking the box “I have read the general terms and conditions of sale and I accept them”. Pursuant to Article L 121-21- 8 of the “Code de la consommation”, the Client expressly renounce to exercise his/her right of withdrawal insofar as the service is performed immediately by the Firm. The Client’s order shall systematically be confirmed by e-mail to the address indicated by the Client at the time of the order. This e-mail shall include an invoice in the Client’s name and summarising the characteristic elements of the order. For the follow-up of the order, any legal information or any possible claim the Client may contact the Firm at the following e-mail address: firstname.lastname@example.org
ARTICLE 5. PRICE AND PAYMENT5.1 Le Prize The price of the service offered to the Client in an attempt to obtain the compensation provided in the Regulation (EC) No 261/2004 of 11 February 2004 is made up of : • A flat fee, based on the total value of the requested compensation, payable by the Client upon validation of his claim and, • An additional result fee of 23% (VAT included), calculated on the amount obtained as compensation, payable only in the event of a successful claim and until receipt of the sum. The price of the service is fixed as follows:
Total value of the claim
|Between 0 and 399€||9€ VAT included||23% VAT included|
|Between 400 and 749€||19€ VAT included||23% VAT included|
|Above 750€||29€ VAT included||23% VAT included|
This price includes the initiation and follow-up of the amicable procedures and the possible legal proceedings of first instance, which becomes necessary if the airline does not react at all or reacts negatively to our request for payment This price also includes the amicable proceedings aiming, in the event of success of the claim, to obtain the execution of the settlement agreement or the court decision. However, this price does not include forced execution measures, which shall be subject to a prior written agreement on the amount of the Firm’s fees. The bailiff’s fees are to be taken over by the Client. The service does not include any recourse before the “Cour d’Appel” or “Cour de Cassation”. If the Client wishes to appeal against the rendered decision, he may do so himself, or may mandate MAYORSHIP LAWYERS to do so. The Firm will not undertake any diligence before a written agreement is reached with the Client on the amount of the additional fees and their full payment. The price of the service is subject to change without notice. The sums invoiced are of a fixed nature and no reimbursement may be requested or granted. The Client’s bank details are not kept by the Firm.
5.2 Additional Amounts
The Firm shall retain the benefit of any additional sums that may be awarded by the Court or the Client’s adversary. In particular, all costs as damages, proceeding costs, or costs which fall under Article 700 of “Code de procédure civile” and more generally: any sum distinct from the compensation provided in Article 7 of EC Regulation 261/2004 of 11 February 2004.
5.3 Methods of payment
Payment for the Service is made at each order by credit card. The order validated by the Client, shall not be considered final until the concerned payment centres agreed to. In the event of refusal by the mentioned centres, the order shall be automatically cancelled and the Client shall be notified by e-mail. The success fee mentioned in article 5.1 of these GTS, as well as the additional sums mentioned in article 5.2 hereof, shall be paid by direct debit from the sums paid into the Firm’s CARPA sub-account.
5.4 Client’s inability to contest the payment of the fee
The Client must ensure that his/her complaint respects the present GTS. He must also ensure that his claim respects the legal and regulatory provisions, in particularly with regard to the statute of limitations and the competence of French jurisdiction. If the Client by mistake renounces any action against his adversary, or if he makes a claim that does not fall within the competences of the website MAIRESSE AVOCATS, or if the claim isn’t enforceable for a reason independent of MAIRESSE AVOCATS, the client will not be able to claim reimbursement of the amount of the service invoiced. MAIRESSE AVOCATS will retain a fee corresponding to the time spent on the case to identify the procedural difficulty and to the emails exchanged with the Client. The fixed fee that will be retained for the administrative processing and legal analysis of the file is set at the amount of the fixed fee provided for in article 5.1 hereof.
ARTICLE 6. OBLIGATIONS OF THE PARTIES
6.1 Cabinet Obligations
The Firm provides the Client with a service to initiate a claim against an airline company due to the failure to meet its transport and punctuality obligations. The service offered by the Firm has as its exclusive legal basis article 7 of the EC Regulation 261/2004 of 11 February 2004. In the event that the Firm agrees, directly or indirectly, explicitly or implicitly, to extend the scope of its mission, this shall not be interpreted as a contractual commitment by the Firm towards the Client, both in terms of the duration of this extension and its repetition in the future. The Firm carries out its mission in compliance with the ethical rules applicable to the legal profession, as provided for by Law No. 71-1130 of 31 December 1971, décret No. 91-1197 of 27 November 1991 and décret No. 2005-790 of 12 July 2005. In this respect, the Firm undertakes to carry out its mission with seriousness, competence, dedication, diligence and prudence. It is recalled that under no circumstances is the Firm bound by any obligation of result in relation to the outcome of the Client’s claim, which is subject to a judicial contingency for which the Firm cannot be held responsible. The Firm shall refrain from any use of the Client’s data other than for the needs of the service. The information provided by the Client on the website is strictly confidential and is not subject to any advertising on the website or any other medium. However, the Firm declines all responsibility in the event that this data is compromised for any reason whatsoever. The firm reserves the right to temporarily interrupt the service, in particular for maintenance reasons. The client is informed that this situation may result in an additional delay in the processing of his dispute, which shall not exceed the legal deadline for contestation.
6.2 Obligations of the Customer
The Client undertakes to provide and maintain a valid e-mail address throughout the procedure, as well as to communicate any change in his/her personal situation (move, etc.). The Client undertakes to transmit to the Firm a complete file and to communicate any element and information likely to impact the claim, the requests and their outcome. The Client undertakes to immediately forward to the Firm any summons to appear in court, any letter or e-mail from his opponent or the counsel he has chosen, and generally speaking, any other document or information relating to his claim, to the address email@example.com The Client undertakes to respond as soon as possible to any request from the Firm related to the management and progress of his claim and the resulting procedure. Failing this, the client shall remain solely responsible for any prejudicial consequences that may result from his delay or failure.
ARTICLE 7. SCOPE OF THE MANDATE CONFERRED ON THE FIRM
By validating his order, the Client gives the Firm a mandate to enter into negotiations with his opponent on his behalf and in his interest. By validating his order, the Client gives the Firm a mandate to represent him in the legal proceedings that the Firm will have to engage in order to defend the interests of the client. By validating his order, the Client authorizes the Firm to negotiate in his name and in his interest with his opponent as soon as the conditions of the transaction are deemed satisfactory by the Firm. By this mandate, the Client authorizes the Firm to sign on his behalf any agreement, any release or any transactional protocol with his opponent, including when these documents provide, for example and without claiming to be exhaustive, an obligation of confidentiality, a waiver of any future action or a withdrawal of action. Consequently, the Client releases the Firm from any liability resulting from the failure to take into account a prejudice of which the Firm has not been informed by the Client. The Client instructs the firm to request, if necessary, on the basis of the General Rules for the Protection of Personal Data (GDPR), access to and communication of any personal data held by his opponent or by a third party and which would be of decisive interest for the outcome of the claim.
ARTICLE 8. MAJOR FORCE
The Firm shall not be held liable in the event of failure to fulfil any of its commitments to the Client, if such failure is due to a case of force majeure such as natural disasters, riots, wars, epidemics, arbitrary act of government, earthquakes, telecommunications malfunction. In this situation, the Firm shall inform the Client of this impossibility and of the measures taken to remedy it.
ARTICLE 9. USE OF THE SITE AND NOMINATIVE INFORMATION
The use of the website does not confer any rights. All rights used or represented on the website remain the exclusive property of the Firm and may not be reproduced, disseminated, resold, marketed or used for purposes other than personal by users, whether or not Clients, without the prior written consent of the Firm. Access to the website is provided as is, accessible according to its availability and without any guarantee from the Firm. Its use is at the user’s own risk. The Firm does not guarantee that the website, the contents and elements offered will perfectly meet the user’s expectations, nor that the site will be uninterrupted and free of all errors or that it will not contain any viruses. The computerized registers are kept in the Firm’s computer systems under reasonable security conditions as proof of communications, orders and payments made by the Client. Disputes and invoices are archived on a reliable and durable medium. The Firm uses all means to ensure the confidentiality of exchanges and transactions on the Internet. It is reminded that exchanges between a lawyer and his client are subject to professional secrecy. Any violation of this secrecy may be subject to criminal prosecution. In application of the Law “Informatique et Libertés” n°78-17 of January 6, 1978, the Client has the right to access, modify, rectify and delete data concerning him/her at the following email address: firstname.lastname@example.org.
ARTICLE 10. MANDATE AND BREACH OF CONTRACT
At any time during the procedure, the Client has the right to relieve the Firm of the monitoring of the procedure, either to take over its management personally or to entrust it to another lawyer. However, the price of the service shall be retained by the Firm in the event that the procedure is waived, the procedure is resumed or the lawyer is changed. In the event that the relinquishment occurs at a date close to the end of the procedure (amicable or judicial) and when the work carried out will have enabled the desired result to be obtained, the clause relating to the result fees will remain applicable under the terms set out in ARTICLE 5 of these GTS.
ARTICLE 11. APPLICABLE LAW
The law applicable to the relations between the Firm and the Client is french law. Any dispute over fees must be submitted to the President of the Paris Bar.