Terms and Conditions

 

These Terms and Conditions (the “Terms”) constitute the legally binding agreement between a customer (“Customer” or “you”) and FairFlights with regard to the provision of our Services. By accepting these Terms, you agree to be bound by them, any additional terms applicable to our Services you have selected, and the FairFlights privacy statement.

We recommend that you do not engage with FairFlights for any of our Services until you have read and understood these Terms, the privacy statement, and Our fees. If you have any questions, doubts, or concerns, please contact us at info@fair-flights.com or check out our FAQs.

The present Terms and Conditions is an agreement between a website visitor or a client and FairFlights (FairFlights EV) a company incorporated in Hungary, individually the “Party” and collectively the “Parties” agree to this Agreement. FairFlights works closely with professionals that provide only high quality services in order to achieve the best possible result in collecting your money from the airlines. Depending on your case we choose the best approach that will suit your situation as well as a particular service provider to make the process of collecting your compensation faster. The agreement regulates the terms under which FairFlights offers the information and services (including services provided by the partners) on its website. The services of FairFLights are only offered in the case when the Client has accepted the present Terms and Conditions.

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1. Definitions

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1.1. “Application” – a claim form filled by the Client on the website fair-flaights.com, which contains Personal Data of the Client.

1.2. “Claim or Case” – means any claim against an Airline for monetary compensation, damages, or refund in accordance with Air Passenger Rights Laws or an Airline’s goodwill.

1.3. “Client” – the passenger, who enters into Agreement with FairFlights based on the terms and conditions, may be referred as customer.

1.4. FairFlights EV – a company registered in that provides FairFlights and its clients with consulting services.

1.5. “Compensation” – the amount of money that a passenger has the right to claim from an airline for a flight delay, cancellation or denied boarding.

1.6. “Partner” – an individual or a legal entity, who entered into the contractual relations with FairFlights for the purpose of providing services, marketing or information campaigns on Fairflights service.

1.7. “Services” – access to information, consulting services, including but not limited to provision of flight information, airline information, airport information, other travel related information, information about air passenger rights, consumer protection laws and other services provided by our Partners, such as intermediary financial services and other services that the Parties may agree on.

1.8. “Service fee” – the amount of compensation agreed in accordance with our Fees

1.9. “Website” – Fair-Flights.com and our partners websites

1.10. “Website visitor” – someone who views/goes to the Website.

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

1.12. “Air Passenger Rights Regulations” – means any law, regulation, directive, international convention, or similar, whether issued on a state, federal, European Union, 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. These may include, without limitation, general consumer protection laws, “EC 261”: Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated 11 February 2004; “UK 261”: The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019; Turkish “SHY” passenger regulation, Canadian Transportation Act: Air Passenger Protection Regulations, and “MC 99”: The Montreal Convention 1999.

1.13 “Assignment Agreement” – means the document, in electronic or other format, requested by FairFlights on a case-by-case basis, whereby you and FairFlights agree that FairFlights shall become the owner of the Claim, subject to the terms of the Assignment Agreement, in order to collect and receive payments.

1.14. “Authority Document” – means the document which authorizes FairFlights and/or an FairFlights Group Company or FairFlights Third Party to act on your behalf with regard to your Claim. The document may be in many shapes and forms, due to various jurisdictional requirements, including, but not limited to, a power of attorney or certificate of authorization.

1.15. “Discretion” – means the process by which FairFlights has the right to make decisions with regards to your Claim; as described further below.

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

1.17. “Eligibility Service” – means the service provided by FairFlights to determine whether your Claim is an Eligible Claim. 

1.18. “Flight Compensation” – means the total amount of money, or other receivables (where accepted by FairFlights 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 FairFlights 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 FairFlights or result from FairFlights' intervention.

1.19. “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. 

1.20. “Form” – means the Assignment Form, Authority Document, power of attorney, or other documents which enable the FairFlights and its Third Parties to provide the Customer with our Services. FairFlights will determine which Form is the most appropriate on a Claim by Claim basis. 

1.21. “Goodwill Claim” – is where FairFlights makes a request to the Airline, in absence of developed Air Passenger Rights Regulations, for Flight Compensation. The Flight Compensation for Goodwill Claims may be monetary or in kind, such as a flight voucher, fidelity points, or air miles.

1.22. “Information Service” – means FairFlights’ 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 FairFlights controlled websites.

1.23. “Lawyer” – means any attorney at law and/or law firm that FairFlights has contracted with for Legal Action or other legal services with regard to a Claim.

1.24. “Legal Action” – means the preparation and filing of a Claim for judicial action, either by filing the Claim in court or before a government body, such as a national enforcement body (NEB), or handing over a Claim to a Lawyer, for presenting the Claim directly to the Airline or for judicial action, or moving the Claim from one jurisdiction to another.

1.25. “Legal Action Fee” – means the fee listed in Our fees that FairFlights charges you when you receive Flight Compensation for the provision of the Compensation Service that included Legal Action. The Legal Action Fee is paid in addition to the Service Fee.

1.26. “Legal Expenses” – means all fees incurred by, paid by, or awarded to you or the FairFlights 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.

1.27. “Our Fees” – means the fees and charges listed on Fairflights’ website specifying accepted currencies, methods of payment which are payable by you to FairFlights. In addition to Our Fees, FairFlights may be entitled to Legal Expenses from the Airline as described in these Terms.

1.28. “Reassignment Form” – means the document that you and FairFlights sign assigning the rights of your Claim back to you, or authorizing your Claim back to you.

1.29. “Service Fee” – means the fee listed on Fairflights’ website that FairFlights charges you when you receive Flight Compensation following the provision of the Compensation Service. 

1.30. “Services” – means any of our services, including, without limitation, the Eligibility Service, Compensation Service or Information Service provided by FairFlights or a FairFlights Third Party to you in accordance with these Terms and any additional terms specific to the Services selected by you.

1.31. “Withdrawal” – means the process set forth in the Withdrawal and Termination section by which the Customer withdraws from either the Compensation Service or whereby FairFlights withdraws from the Compensation Service. 

1.32. “VAT” – means any system of value added tax.

 

2. Compensation Service

Submitting the Form

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

   1. authorize FairFlights on the Form which will specify that you:

      1. agree to receive the Compensation Service.

      2. acknowledge that FairFlights will only claim Flight Compensation that is monetary, and that it is in FairFlights’ 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 FairFlights 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, FairFlights will confirm to you in writing, either by email or other written form, that FairFlights will commence the Compensation Service. FairFlights 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 assign the Claim to any other party as the legal title to the Claim has been assigned to FairFlights. 

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

6. If you receive any direct payments or any other compensation from the Airline after entering into the Compensation Agreement, you must advise FairFlights immediately. Such payments shall be considered Flight Compensation and entitle FairFlights to the Service Fee, and Legal Action Fee if Legal Action was taken by FairFlights prior to you having received payment from the Airline. 

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 FairFlights.
   
   Reassignment

8. Your claim may be reassigned back to you either at your request or by FairFlights’ initiative. In each case, this will be done in writing by you and FairFlights signing a Reassignment Form. In the event that you have signed an Authority Document, you may Withdraw the authority given in the Authority Document by giving written notice to FairFlights.
   
   Withdrawal

9. At any time after signing and submitting the Form, you have the right to Withdraw and/or reassign your Claim as described in the Withdrawal and Termination section below.

10. FairFlights may also Withdraw from the Compensation Service as described in the Withdrawal and Termination section below.
    
    Customer Representative

11. 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 FairFlights. 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 Services

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

13. You will provide FairFlights with all data or information that is required for the execution of the Compensation 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 FairFlights via the website, email, other electronic or software solutions supported by FairFlights.

14. FairFlights 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..

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

15. You acknowledge that failure to provide FairFlights with any such information will negatively impact FairFlights’ ability to provide the Compensation Service.
    
    Flight Compensation and Legal Action

16. On receiving your Form, FairFlights will prepare a request for payment and send it to the Airline and handle all further correspondence. For this part of the Compensation Service, if Flight Compensation is paid, you will be required to pay FairFlights the Service Fee.

17. If the Airline fails to pay Flight Compensation within a reasonable period after being notified by FairFlights , or should FairFlights, in its sole Discretion, assess that the Airline is unlikely to respond to a request for payment, FairFlights may initiate Legal Action.

18. In the event that Legal Action is initiated and Flight Compensation is paid, you will be required to pay FairFlights the Legal Action Fee in addition to the Service Fee. 

19. In the event that a Lawyer is used for Legal Action, you expressly consent to FairFlights providing the Lawyer access to all the data communicated to FairFlights in order for the Lawyer to take Legal Action.

20. Where a separate Form or other additional documents are required to undertake Legal Action, you undertake to provide such additional documents. In cases where you have signed an Assignment Agreement, and later sign an Authority Document (or similar), you accept that the Authority Document assigns the Claim back to you.

21. If FairFlights or the Lawyer commences Legal Action to pursue a Claim, FairFlights will cover any Legal Expenses incurred during the Legal Action, even if the Legal Action is lost. In the event that the lawsuit is won or a settlement has been reached between the Airline and FairFlights, FairFlights may cover any costs incurred that are not covered by the Airline. When applicable, if a lawsuit is won, a claim for reimbursement of Legal Expenses will be put forward. The same applies to Legal Expenses regardless of whether the legal proceedings are performed by FairFlights or a Lawyer. For the avoidance of doubt, all reimbursements, including Legal Expenses and interest, shall belong to FairFlights.

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

23. FairFlights, in its sole Discretion, may offer to or accept from the Airline individual or collective Claim settlements for Flight Compensation.

24. You acknowledge that the decision to accept a settlement from the Airline for Flight Compensation rests solely with FairFlights, since you have assigned the Claim to FairFlights. In case FairFlights acts on your behalf in accordance with an Authority Document, you authorize FairFlights to accept or reject settlement offers based on FairFlights’ Discretion, without the need for your additional consent.

25. FairFlights may pursue the assigned Claim in its own name, with or without the help of a Lawyer. Where appropriate and/or legally necessary, FairFlights may reassign the Claim to you and you agree to authorize again FairFlights with an Authority Document to deliver the Compensation Service and collect and/or receive payments.

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

27. In jurisdictions where the Air Passenger Rights Regulations may be less developed and obtaining Flight Compensation less likely, upon your decision to proceed, FairFlights may attempt to obtain Flight Compensation through a Goodwill Claim.
    
    How FairFlights makes decisions with regards to your Claim

28. FairFlights uses its Discretion in making decisions regarding whether to pursue your Claim during the Eligibility Service or at any time during the Compensation Service, including whether to pursue your Claim with Legal Action, to make or accept a settlement offer from the Airline, to withdraw the Claim, or to pursue a Goodwill Claim.

29. FairFlights’ Discretion is based on a number of factors including, without limitation, the applicable Air Passenger Rights Regulations, the jurisdictions and court systems in which we may pursue your Claim, Legal Expenses and the likelihood that FairFlights may obtain or be obliged to pay Legal Expenses, 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 FairFlights with regards to your Claim, any factual information that may make obtaining Flight Compensation difficult, advice from Lawyers, and FairFlights’ experience with similar Claims.

 

3. Fees and Payments

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Our Fees

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

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

3. FairFlights provides Compensation Service free of charge except where FairFlights is successful in obtaining Flight Compensation for you. 

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

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

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 FairFlights of the payment, and (ii) be invoiced and liable to pay Our Fees, Legal Expenses, interest, or similar, if any, to FairFlights without unreasonable delay.

7. When FairFlights has paid the Flight Compensation in accordance with the instruction of and method selected by the Customer, FairFlights shall not be liable for:

   1. checks, prepaid debit cards, credit cards, and similar lost in transit to the Customer;

   2. 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, FairFlights 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 FairFlights receives it and when it is transferred to you. FairFlights reserves the right to retain any interest that it has recovered from the Airline, including interest recovered following Legal Action.

9. FairFlights 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 FairFlights’ control, including, but not limited to, strike, lock-out, labor dispute, force majeure, natural disasters, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, and storm.

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

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4. Withdrawal and Termination

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Your Right of Withdrawal of Compensation Service or membership

1. If you qualify as a consumer under the European Union (EU), the European Economic Area (EEA), and the UK consumer regulations, 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 the Compensation Service or Membership within 14 days from the commencement of the Compensation Service or Membership for free and without the need to specify any reasons. To exercise your right to Withdrawal, the Withdrawal must be communicated (e.g., by letter, email, or contact form) within the 14-day period mentioned above, and it must clearly state your wish to withdraw from the Compensation Service or Membership. Due to the nature of the service provided, you cannot withdraw from our Compensation Service or Membership if FairFlights has informed you that the Airline has accepted the Claim, as in such an event we have completed the service you requested. 

3. The Withdrawal shall be sent to:
   e-mail: info@fair-flights.com
   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:
   FairFlights Claim number:
   Date claim was filed:
   Name of customer:
   Address of the customer:
   Signature of customer:
   Date:
   —---------
   *End of sample text

1. Following the 14-day Withdrawal period, you may Withdraw your acceptance of the Compensation Service or Membership subject to the Terms.
   
   Withdrawal of Compensation Service by FairFLights

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

3. 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 FairFlights, if any, have been paid, or

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

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

4. FairFlights reserves the right to claim its losses when terminating as a result of your breach.
   
   FairFlights Right to Refuse or Terminate Membership

5. FairFlights reserves the right to refuse the Membership to any person and, in case of breach of the Terms by the Member, terminate the Membership at any time.
   
   Consequence of Termination and Withdrawal of the Compensation Service

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

7. FairFlights will not automatically reassign your Claim to you upon Withdrawal or termination. You must request FairFlights to reassign your Claim, and FairFlights will send you the Reassignment Form for you to sign. 

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

   1. FairFlights’ Legal Expenses, if FairFlights has commenced a Legal Action; or,

   2. An amount equal to the Legal Expenses, if, following the withdrawal, FairFlights is requested by a Judicial Authority to pay the Legal Expenses due to the Airline; or, 

   3. FairFlights’ Service Fee, and, where there was Legal Action, the Legal Action Fee, where you subsequently obtained Flight Compensation directly from the Airline.

 

5. Data Protection

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1. All personal data collected during the provision of our Services, or connected to the provision of our Services, will be subject to the FairFlights Privacy Statement.

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6. General Provisions

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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 FairFlights 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 FairFlights 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. FairFlights has many sources of information and data that make up the information and services available under these Terms. Although FairFlights 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, FairFlights 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. FairFlights 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, FairFlights 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 FairFlights, 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. FairFlights reserves the right to amend sections of these Terms at any time without further notice. The latest version will always be available on the FairFlights website. Please visit the FairFlights 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 FairFlights.

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

9. If you wish to pursue your Claim through other alternatives than FairFlights’ 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.
   
   Governing Law and Jurisdiction

10. These Terms, Forms, and the agreement between FairFlights 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 Hungary, 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 FairFlights 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 English version of these Terms shall prevail in case of inconsistency to any other language version.