Terms and Conditions

DelayPaid is a trading name of Fixers B.V., Chamber of Commerce no. 98817353, established in Amsterdam.
Visiting/registered address: Orteliuskade 27-4, 1057 AD Amsterdam · E-mail: [email protected] · Telephone: +31 6 21847857 · Website: https://delaypaid.com

These terms and conditions apply to every instruction you give DelayPaid to handle a compensation or reimbursement claim under Regulation (EC) No 261/2004 (hereinafter: EU261) on your behalf. DelayPaid operates Europe-wide for passengers in 14 countries (NL, BE, DE, FR, ES, PT, IT, DK, SE, NO, FI, EE, LV, LT).

Language versions and your country of residence. These terms exist in several language versions. Dutch law applies to the agreement, but if you have your habitual residence in another EU/EEA country, you additionally retain the mandatory consumer protection of that country (see Article 12). Where the mandatory law of your country of residence differs from these terms, the country annex to these terms applies per subject and the rule that is most protective for you prevails.

Article 1 — Who we are and what we do

1. Fixers B.V., trading under the name DelayPaid ("DelayPaid", "we", "us"), handles compensation and reimbursement claims under EU261 (delay, cancellation, denied boarding) and related claims on the basis of a power of attorney granted by you.
2. We act as your authorised representative. The claim always remains yours: we do not buy your claim and no right to the claim or to the compensation passes to us (no assignment). See also Article 6 and the power of attorney.
3. In any court proceedings you remain the claimant; DelayPaid acts as your authorised representative. Where the law permits and it is worthwhile (Tier 1: the flight touches a Dutch airport or the airline is established in the Netherlands) we conduct the proceedings before the Dutch cantonal court on your behalf. For other EU/EEA flights (Tier 2) we work out of court and, where necessary, involve the competent national enforcement body (NEB); litigation then takes place only through a local partner.

Article 2 — Our fee: no win, no fee (25% including VAT)

1. Our fee is 25% including VAT of the compensation amount actually awarded under Article 7 EU261. The fixed EU261 amounts and our fee on them are:

   Awarded compensation (Art. 7 EU261)	Our fee (25% incl. VAT)	You receive
   € 250	€ 62.50	€ 187.50
   € 400	€ 100.00	€ 300.00
   € 600	€ 150.00	€ 450.00
   € 300 (on reduction, Art. 7(2) EU261)	€ 75.00	€ 225.00

   Worked example: compensation € 400 → our fee € 100 (including VAT) → you receive € 300.
2. We charge no fee on statutory interest and reimbursed expenses: those are entirely yours.
3. If the claim does not succeed, you pay nothing — not even court or bailiff costs. There are no registration, file or administration fees.
4. If we settle, with your consent, for a lower amount than the fixed EU261 compensation, the fee of 25% including VAT applies to that lower amount.
5. If there are several passengers on one booking, each passenger signs their own power of attorney and the fee applies per passenger on their own compensation.
6. This fee is an own claim of DelayPaid arising from this instruction, which DelayPaid collects in its own name and for its own account; it is not the collection of a third party's claim and not an assigned claim.
7. This fee is also due if the airline pays you directly. How that works and when it specifically does not apply is set out in Article 4.

Article 3 — You can also do it yourself, for free

You can also submit your claim yourself and free of charge directly to the airline, and then, if necessary, to the competent national enforcement body (in the Netherlands the Human Environment and Transport Inspectorate) or to the court. We take that work off your hands in return for the fee under Article 2. Our "free check" beforehand costs you nothing and commits you to nothing; only once you sign the instruction (power of attorney) does the fee under Article 2 apply on success.

Article 4 — Payment, onward payment and direct payment by the airline

1. In the power of attorney you designate our bank account as the payment address. We receive that payment for your account (receipt in a fiduciary capacity); the amount belongs to you. If we receive the compensation, we pay your share onward within 5 working days and send a clear statement. Designating this payment address is expressly not a transfer of your claim.
2. The fee is due because and to the extent that the claim has led to payment through the work of DelayPaid, regardless of whom the airline pays. If the airline pays you directly, that payment counts solely as a method of collection; the fee then remains due on the same footing, as reasonable remuneration for the work fully performed by DelayPaid. You report a direct payment within 7 days and pay the fee within 14 days of the invoice.
3. If DelayPaid has not yet submitted or handled the claim at the time the airline pays out on its own initiative, no fee is due.
4. If we settle (with your consent) for a lower amount, the fee applies to that lower amount (Article 2(4)).

Article 5 — What we do and what we do not promise

1. We do all the paperwork: submitting the claim, conducting the correspondence, sending reminders and — where possible and worthwhile (Tier 1) — conducting the proceedings before the cantonal court on your behalf.
2. We give an honest assessment beforehand, but we do not guarantee any outcome. No claim is certain; success is never the standard outcome.
3. We may refuse or discontinue a claim, with reasons, if in our judgement it is not feasible (for example in the case of extraordinary circumstances or a time limit that has expired). That costs you nothing.
4. The lead time is realistically weeks to months, longer in the case of a court case. We keep you informed.
5. For purely intra-UK claims and some foreign routes we do not litigate ourselves; in that case we refer you free of charge to the competent route (for example CAA/AviationADR in the United Kingdom) and transfer your file free of charge on request.

Article 6 — Your claim remains yours; we are only authorised

1. You remain at all times the holder of the claim and, in any proceedings, the party to the proceedings yourself. DelayPaid acts solely in your name and for your account; no right to the claim or to the compensation passes to DelayPaid.
2. We are entitled to submit the power of attorney in writing at the court's request (Art. 80(2) of the Dutch Code of Civil Procedure). That is why we record for each passenger which text you accepted (see Article 11).
3. We are entitled, in your name and for your account, to engage a court bailiff for service and enforcement, and, in your name and for your account, to receive awarded legal costs and subsequent costs.

Article 7 — What we ask of you

1. You supply the requested documents (such as the booking confirmation and boarding pass) and fill in your details truthfully.
2. You have not already submitted this claim yourself and do not have it running with another agency, and you will not do so alongside us either.
3. If the airline communicates with you directly about this claim, you forward that to us within 7 days.

Article 8 — Proof of identity and identity declaration

1. We ask as standard for a copy of your proof of identity, because some airlines require this before payment. You may defer this: we also start the claim without it, and only request the copy once an airline actually requires it (except where the airline requires it immediately).
2. On the copy itself, mask your citizen service number (BSN) and passport photo. We never store your BSN. Before uploading, you confirm that your BSN and passport photo are masked; an unmasked upload we destroy immediately without viewing it.
3. On signing, you declare that you are the passenger (or are authorised to act on behalf of the passenger) and that your details are correct. In doing so we record an audit trail (see Article 11).
4. We delete the copy of your proof of identity as soon as your claim is definitively closed, with an absolute maximum of 2 years. See further the privacy statement (Article 10).

Article 9 — Withdrawal and termination

1. Right of withdrawal (14 days). You may withdraw (rescind) this agreement free of charge within 14 days of concluding it, without giving reasons. You do this by letting us know unambiguously, for example using the model withdrawal form that accompanies these terms and can be downloaded from the website, or by e-mail to [email protected].
2. Starting immediately during the cooling-off period. If you want us to start on your claim while your cooling-off period is still running, we ask for your express prior consent for this during onboarding ("I request DelayPaid to start performance immediately, even if my withdrawal period is still running"). If you then withdraw while we have already started, you pay a proportionate fee for the work performed up to that point: the number of hours spent times an hourly rate of € 95 excluding VAT, capped at the fee under Article 2 (25% including VAT of the statutory compensation amount).
3. No request to start immediately = nothing due. If you have not expressly requested us to start already during the cooling-off period, then on withdrawal you owe nothing for any work already performed.
4. Loss of the right of withdrawal. Your right of withdrawal lapses only once the service has been fully performed and you have, in advance and as a separately ticked element during onboarding, declared that you waive your right of withdrawal as soon as we have fully performed ("I waive my right of withdrawal as soon as the service has been fully performed, and I understand that on withdrawal I owe a proportionate fee for the work already performed"). Without that separate waiver declaration you retain your right of withdrawal.
5. Terminating after the cooling-off period. After the cooling-off period you may terminate the instruction at any time. In doing so we are not liable for damages. If the claim is still running and you have asked us to start, DelayPaid may charge a reasonably determined part of the fee: the number of hours spent times € 95 excluding VAT, capped at the fee under Article 2.
6. Payout after termination. If the compensation is paid out after your termination as a result of our work, the fee under Article 2 is due, provided that (i) we had demonstrably submitted the claim in writing before your termination, and (ii) the payout takes place within 12 months of the termination. Any termination fee already paid (paragraph 5) is deducted from this.

Article 10 — Privacy

We process your personal data in accordance with our privacy statement at https://delaypaid.com. In short: we process only what is needed to handle your claim, share it solely with the airline and, where necessary, with the court, the bailiff or the enforcement body, and retain your file for a maximum of 2 years after closure (the copy of your proof of identity for a shorter period — see Article 8(4)). In the case of claims against airlines outside the EEA (for example in the US, Turkey, the Gulf States or Asia), your data may be transferred to a country without an adequacy decision; where possible we use standard contractual clauses (SCCs) and inform you of the limited residual risk in the privacy statement and at intake.

Article 11 — Electronic signing and recording

1. You sign the instruction and the power of attorney by electronic means at the moment of submission (with the time, IP address and text shown being recorded). You then confirm your e-mail address via a verification link (double opt-in); that confirmation concerns only your e-mail address and is not a condition for the validity of the signature already given.
2. For each passenger we record: your name, date of birth, verified e-mail address, PNR, the IP address, the device/browser used, the time in UTC, your identity declaration, and the full text and version of the power of attorney and these terms as shown to you at the moment of signing. This enables us to submit a written power of attorney for each individual passenger if the court requires it under Art. 80(2) of the Dutch Code of Civil Procedure.
3. For larger or disputed files, DelayPaid may require an advanced or qualified electronic signature (eIDAS).

Article 12 — Applicable law and your country-of-residence protection

1. Dutch law applies to this agreement.
2. In so far as you have your habitual residence in another EU/EEA Member State, you additionally retain the protection of the mandatory provisions of the law of that country which would have applied to you in the absence of this choice of law (Article 6(2) of Regulation (EC) No 593/2008, "Rome I"); the provision that is most protective for you prevails. This notice forms part of every language version of these terms.
3. The mandatory deviations per country of residence (such as the withdrawal period, information obligations, the form of the power of attorney and the competent forum) are set out in the country annex to these terms.

Article 13 — Liability

1. We carry out the instruction with care. Our liability is limited to the amount that our professional liability insurance pays out in the relevant case, or — if it does not pay out — to a maximum of the compensation amount of your claim. This limitation does not apply in the case of intent or wilful recklessness on the part of DelayPaid.
2. We are not liable for damage caused by incorrect or incomplete information that you have supplied.

Article 14 — Complaints and disputes

1. If you have a complaint, please e-mail [email protected]. You will receive a substantive response within 5 working days or, if that is not possible, a message stating when you can expect one. If we cannot resolve it together, you can submit your complaint to the competent consumer dispute resolution body in your country or to the competent court.
2. As a consumer you retain the right to litigate before the court of your own place of residence; these terms do not restrict that forum. For the rest, in the case of a Dutch forum the competent court is the cantonal court in Amsterdam, without prejudice to Article 12.

Fixers B.V. trading as DelayPaid, Chamber of Commerce no. 98817353, Amsterdam. These terms and conditions form one whole together with the power of attorney, the country annex per country of residence, the privacy statement and the model withdrawal form.