Terms And Conditions – Cancelled Flights or Holiday Refunds
By completing this form you consent to instruct Blueway and their approved legal representative to present a claim to the airline on behalf of all the passengers listed which could include issuing proceedings against the airline/tour operator. You understand that they work on a strictly no-win-no-fee basis where they only deduct 25% inclusive of VAT from any amount they win for you, which means if they aren’t successful you won’t have to pay anything. When they do recover the refund/compensation from the airline/tour operator they will deduct their fees.
Terms and Conditions of Business
In this document “we/us/our” means Bott and Co Solicitors Limited and “you/your” means the client.
Definitions of other words used in this document are as follows:
a) Charges – Our charges for pursuing your claim and any costs you become entitled to under the Civil Procedure Rules 1998.
b) Claim – Your claim, whether or not court proceedings are issued, as described in the section “what is covered by this contract.”
c) Costs – Charges, disbursements, and any applicable tax including VAT.
d) Disbursements – Payments we make on your behalf including but not limited to court fees.
e) Lien – Our right to keep all papers, documents, money or other property held on your behalf until all money due to us is paid.
f) Lose – The court has dismissed your claim or you have stopped it on our advice.
g) Opponent – the party or parties from whom you are seeking money.
h) Start date – the date on which this contract begins. This is the date on which you press the submit button and the date on which we send you the email confirming these terms.
i) Win – “Win” means that you recover damages or compensation or obtain other relief or succeed on any issue and/or an order for costs is made in your favour or an agreement is reached to pay costs in your favour at any stage in your claim.
BASIS OF OUR CONTRACT
You and we agree that this contract is a conditional fee agreement as prescribed by sections 58 and 58A of the Courts and Legal Services Act 1990 and the Conditional Fee Arrangements Order 2013. You and we acknowledge and agree that this contract is not a contentious business agreement within the terms of the Solicitors Act 1974 and it is not a damages-based agreement within the terms of the Courts and Legal Services Act 1990.
WHAT IS COVERED BY THIS CONTRACT
(i) Your claim for a refund following the cancellation of your flight or holiday.
(ii) Any proceedings you take to enforce a judgment, order or agreement.
WHAT IS NOT COVERED BY THIS CONTRACT
(i) Any appeal you make against the final judgment or order without our prior agreement.
OUR CHARGES AND DISBURSEMENTS
We work on a no-win no-fee basis. If you win your claim, you pay us our Charges. You also pay us our Disbursements – but we shall recover the cost of these from your opponent so they won’t be taken from your refund.
Our charges are a fixed fee in the amount of £250, however we will limit the total amount of our charges and disbursements (inclusive of any VAT) payable by you (net of any contribution to your costs paid by your opponent) to a maximum of 25% (inc VAT) of the damages you recover and waive our entitlement to the balance of our costs. You will therefore never have to pay us more than 25% (inc VAT) of your refund.
Our charges apply per passenger and in the event that your Opponent pays a single sum of money without clarification as to how it is split between each passenger then it will be apportioned equally by us.
In addition, if court proceedings are issued or an application is made and you become entitled to costs under the Civil Procedure Rules 1998 you agree to pay us any costs prescribed by those rules and recoverable by you.
Alternatively if you win your claim after court proceedings have been issued and your case has been allocated to the Fast Track or Multi-track you agree to pay us charges calculated at the guideline hourly rates for the court in which your case is being dealt with for all the time we spend working on your case.
We add VAT to the total of our charges at the rate that applies when the work is done (currently 20%). We are registered for VAT in the UK. Our VAT registration number is 768219105.
If you lose, you do not pay our charges or our disbursements and you will not be liable for any opponent’s costs and/or disbursements so long as you act reasonably – as the Small Claims court only awards costs against a claimant if they have behaved unreasonably.
We do not accept payment in cash or by credit card.
We are allowed to keep any interest your opponent is ordered to pay, or agrees to pay, on the costs.
If your opponent does not pay any damages owed to you, we have the right to take recovery action in your name to enforce a judgment order or agreement. The charges of this action become part of the charges under this contract.
(i) Must always act in your best interest subject to our duty to the Court.
(ii) Must give you our best advice about whether to accept any offer of settlement.
(i) Must give us instructions that allow us to do our work properly.
(ii) Must not ask us to work in an improper or unreasonable way.
(iii) Must not deliberately mislead us.
(iv) Must co-operate with us.
(v) Must not make any direct or indirect settlement of your claim with your opponent other than through us.
(vi) Must not instruct any other representative nor pursue your refund claim against your opponent without first terminating this contract.
(vii) Agree that any refund will be paid directly to us. In these circumstances you require the opponent to do so and authorise us to retain our charge, disbursements and VAT from the refund before remitting the balance of the refund to you.
(viii) Agree that any refund shall be paid into an account designated by us.
(ix) Must inform us of any payment received from or offered by the opponent in respect of your claim.
(x) Must not communicate with your opponent in relation to this claim, other than through us.
CLAIMING ON BEHALF OF OTHERS
If you are claiming compensation on behalf of other passengers, such as your family or a group you were travelling with, and have provided us with their details, by providing those details, you are warranting and representing to us that (i) you are their agent and they are your principals (ii) you have full power and authority to provide those details and (iii) full power and authority to bind the other passengers to this contract as parties to it, so that they become our clients and are bound by the terms of this contract, including the obligations outlined under Your Responsibilities.
WHAT CAN YOU CLAIM?
Please note that you are entitled to make a claim against your Opponent yourself, including issuing court proceedings, lodging a complaint with CAA or an appointed ADR provider, where necessary. If you proceed with the claim yourself then you will receive all of the refund provided, whereas we will need to make a deduction as detailed in our fees above.
Your claim is for a refund following the cancellation of your flight or holiday. We will present a legal claim to your Opponent in order to secure your refund as quickly as possible. The amount we will seek to recover is the amount you tell us to claim when providing your instructions at the start of the claim. It is important that you ensure the amount is correct as we will not be held liable for any shortfall in the amount claimed.
We wish to also make you aware that you may be entitled to numerous alternate remedies, such as a free replacement flight or voucher (possibly for more than the price you paid for the ticket). If you wish to explore these options instead of pursuing a refund then please let us know within 14 days and we will close your claim.
If your Opponent refuses to provide a refund within a reasonable amount of time then court proceedings may become necessary and will be issued at our discretion. If proceedings are issued then we will sign the court papers on your behalf and by instructing us to act on your behalf you agree to us taking this course of action if necessary. Signing the court papers involves us giving a statement of truth which is our affirmation that the information you have provided in the court papers are true. This statement of truth is very important and must not be taken lightly.
HOW LONG WILL IT TAKE?
Each individual case is different and it’s difficult for us to be able to tell you exactly when your claim will be settled as this very much depends on the attitude adopted by the Opponent towards your case. On average, we’re able to settle claims quickly. However, if your claim is a complicated case, there is the potential that it can take longer for it to be settled. However, you can rest assured that we will keep you updated along the way.
ENDING OUR CONTRACT WITH YOU
You expressly request and authorise us to begin working on your claim before the end of the statutory cancellation period referred to below. You understand that by giving this authorisation you cease having the right to cancel the contract if our service has been fully performed.
You can end this contract at any time. If you do so after the cancellation period, you agree you will pay us our costs calculated on the assumption that you would have won your claim on the date when you end this contract.
We can end this contract if:
• you do not keep to your responsibilities.
• we believe you are unlikely to win.
• you reject our opinion about making a settlement with your opponent.
• you become insolvent by reason of bankruptcy, entering into a voluntary arrangement.
• your opponent becomes insolvent.
• It is no longer economical to pursue your claim against your Opponent.
If we do so after the cancellation period, because you do not keep to your responsibilities you agree you will pay us our charges calculated on the assumption that you would have won your claim on the date when we end this contract.
If we do so after the cancellation period, because you reject our opinion about making a settlement with your opponent you agree you will pay us our costs calculated on the assumption that you would have won your claim on the date when we end this contract.
If you die before your claim is concluded and your personal representatives continue your claim, we will be entitled to be paid in accordance with this contract if your personal representatives go on to win your claim.
After this contract ends, we may apply to have our name removed from the record of any court proceedings in which we are acting.
CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
We are required to provide to you with certain information under Schedule 2 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Where it is relevant to this contract, the required information is contained in this document.
STATUTORY CANCELLATION RIGHTS
You have the right to cancel this contract and you can do so within 14 calendar days starting from the date on which you receive our email confirming our contract with you. If you wish to cancel your contract with us, you must inform us as soon as possible before the end of this 14-calendar day period. You can inform us of your wish to cancel via telephone, post or email. You may use the attached model cancellation form, but you do not have to.
Our contact details are:
Telephone: 01625 415 800
Address: Bott and Co Solicitors Ltd, St Anns House, Parsonage Green,
Wilmslow, SK9 1HG.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Please note that we record all our phone calls in order to provide a record of your explicit consent on a durable medium.
Your claim is being handled by the Refund Claims Team, which is headed up by Legal Manager, Coby Benson. He will supervise all the work which will be undertaken. We’re committed to high quality legal advice and client care. If you are unhappy about any aspect of the service you have received or about the bill, please contact Coby benson in the first instance on 01625 415800 or by post to our Wilmslow office. We have a procedure in place that details how we handle complaints and which is available from us. We have eight weeks to consider your complaint. If we have not resolved it within this time you may complain to the Legal Ombudsman.
If you are not satisfied with the way we’ve handed your complaint, you can ask the Legal Ombudsman to look into the complaint. The Legal Ombudsman may be contacted in writing at P.O. Box 6808, Wolverhampton, WV1 9WJ or by email at firstname.lastname@example.org or by telephone at 0300 555 0333. Further information is on the website at www.legalombudsman.org.uk. Normally, you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us about your complaint or within a year of the act or omission about which you are complaining occurring (or you becoming aware of it). In addition, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution Platform.
If you are objecting to our bill you may also have a right to apply to the court for an assessment of the bill under part 3 of the Solicitors Act 1974. You have a right to have any bill we send you assessed by a judge. Time limits apply. You have an absolute right to an assessment if you make an application within 1 month of delivery of our bill. However, the Legal Ombudsman may not deal with a complaint about a bill if you have applied to the court for assessment of that bill. You should also note that if all or part of the bill remains unpaid, we may be entitled to charge interest.
If we cease acting for you, there may be circumstances in which we may be entitled to exercise a lien for unpaid costs. Prior to exercising a lien, we would always try to ensure that your position is not prejudiced.
As part of our ongoing commitment to client care, our files are confidentially audited from time to time by an external independent auditor. If you do not wish for your files to be audited, please let us know.
After completing your case, we are entitled to keep all your papers and documents while there is money owing to us for our charges and expenses. We will archive our file of papers (except for any of your papers, which you ask to be returned to you) for six years, after which they will be destroyed unless you specifically request us to keep any documents safe and for which we may levy a charge.
Specifically, we will not release your archived file of papers to you or another firm of solicitors prior to payment of a charge for the cost of storage and retrieval which will be a minimum of £30 plus VAT.
We are required by our regulator to hold professional indemnity insurance. Our professional indemnity insurance provides cover on a UK basis and is underwritten by Axis Speciality Europe S.E. Plantation Place South, 60 Great Tower Street, London EC3R 5AZ.
This contract, and any claim or dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales will have exclusive jurisdiction to settle any such claim or dispute.
THE SMALL PRINT
Bott and Co is a trading name of Bott and Co Solicitors Ltd, which is a firm authorised and regulated by the Solicitors Regulation Authority, SRA Number 605593. The professional rules of the SRA with which we are bound to comply can be accessed at https://www.sra.org.uk/solicitors/standards-regulations. Our registered office address and address for correspondence is St. Ann’s House, Parsonage Green, Wilmslow, Cheshire, SK9 1HG. Bott and Co Solicitors Ltd is a private limited company.
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