Service Agreement - RCG Delay Protection
This Service Agreement (the "Service Agreement") applies from the date of purchase of the air navigation service product offered by Resecentrum i Stockholm AB, also called RCG ("the Supplier") by, or on behalf of, the air passenger ("Passenger"). The Supplier and Passengers are hereinafter collectively referred to as the "Parties".
The parties agree on the following:
Terms and conditions
Section 1 – definitions
In these terms and conditions (the “Terms”), the defined terms below shall have the following
1.1 ”Air Passenger Rights Regulation”: any law, regulation, directive or similar, whether issued on state, federal, EU, national or regional level, that establishes rules on monetary compensation, damages or refund to passengers in the event of overbooked, delayed, cancelled or otherwise disrupted flights or luggage claims.
1.2 “Agreement”: an agreement between a Client and RCG that is reached after the acceptance of these Terms by the Client.
1.3 “Claim”: any claim against an airline for monetary compensation, damages or refund pursuant to Air Passenger Rights Regulation.
1.4 “Client(s)”: person(s) that has accepted these Terms.
1.5 "Delay compensation" which is the compensation paid by RCG in connection with a valid customer claim for compensation in the event of delayed flight according to the definitions of RCG delay protection.
.1.6 “RCG”: Resecentrum i Stockholm AB. Box 19025, 104 32 Stockholm. Org nr: 556460-0491. Styrelsens säte: Stockholm
1.7 “RCG Service”: is RCG’s delivery of claim eligibility determination. The Eligibility Service is conducted on Claims reported via RCG’s web form. The RCG Service will inform the Client of the likelihood of having an eligible Claim. An eligible Claim will have a high likelihood of getting paid and RCG will provide its service for such Claims.
1.8 ”Regulation 261/04”: Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights.
1.9 “Service Fee”: RCGs fee for performing the “RCG Delay Protection”-service :SEK 99 per person and flight ticket.
Section 2 – agreement
2.1 After the Client has accepted these Terms, RCG agrees to deliver and the Client agrees to receive RCG Service.
2.2 After the Client has accepted these Terms and signed the Authority Document, the Client agrees to receive and RCG agrees to deliver its service by filing a Claim, unless RCG notify the Client without unreasonable delay that RCG cannot deliver for such Claim.
2.3 By entering into an Agreement with RCG, the Client warrants that he/she is authorized and has legal capacity to enter into the Agreement.
2.4 The Client warrants that the Claim has not been assigned to third parties and no legal dispute is pending or expected between the Client and the airline in the same matter.
Section 3 – description of RCG service
3.1 If your flight has been canceled or has been significantly delayed or if you have been denied boarding a flight where you have a confirmed booking, you are entitled to the rights defined in EU Regulation No. 261/2004, which entered into force on 2005-02-17 (Read more EU Regulation 261/2004) https://eur-lex.europa.eu/legal-content/en/TXT/?uri=celex:32004R0261. The airline whose flight was affected by the disruption is responsible for granting your rights.
In this context, RCG delay protection is an additional protection that aims to give you extra compensation in the event of unannounced and significant flight delays.
Note - the protection only applies to flight delays not canceled flights. When signing up for RCG delay protection, you can claim compensation from RCG if:
- you were delayed to your final destination by at least three hours due to circumstances within the airline's control and
- includes flight delay deviations of at least 3 hours against announced arrival times that occur for scheduled flights within one day (24 hours) before departure.
3.2 Delay Compensation
RCG delay protection covers and provides compensation for delayed flights, but not canceled flights, according to the definitions and tariff determination below.
If you are delayed three hours or longer on arrival, you may be entitled to compensation.
(A) 2500 SEK for flights within Europe – with 3 hours delay
(B) 4000 SEK for flights within Rest of the World– in the event of a 4 hours delay.
This fee can be reduced by 50% if the arrival time of the alternative flight does not exceed the planned arrival time of the originally booked flight.
- With two hours (flights covered by A),
- With three hours (flights covered by B),
RCG is not obliged to pay compensation if the flight is canceled due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.
Such extraordinary circumstances may arise in the event of political instability, weather conditions incompatible with the conduct of the flight in question, safety risks, unexpected shortcomings in flight safety, decisions by the air traffic control and strikes affecting the operations of the airline operating a flight
3.3 RCG asserts the right to close an ongoing case if the validity of the case can not be proven by the documentation received from the customer and that the corresponding confirmation from the airline that there was a flight delay. The customer will be informed of this decision.
3.4 Flight data and information may be submitted to RCG via website, email, other electronic or software solutions supported by RCG or phone.
3.5 In order to be able to verify the customer's requirements, RCG needs to obtain a delay certificate from the customer, which is signed by the airline that performed the flight. The customer's signed delay certificate can be sent to RCG via the web form, the customer portal or by e-mail or postal service. When RCG receives a customer's signed delay certificate, RCG prepares a check of the validity of the claim and sends it to the airline concerned for verification. Upon confirmation of the validity of the customer claim, RCG shall handle the payment of compensation without unreasonable delay.
Section 4 – fees and payment
4.1 Payment of the agreed part of the Flight Compensation to the Client will be done without unreasonable delay.
4.2 If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to RCG and the Client, after several reminders and reasonable endeavours from RCG to contact the Client by other means than the email provided by the Client to RCG, does not respond to correct or provide information needed to pay the agreed part of the Flight Compensation, RCG shall be entitled to keep the part of the Flight Compensation that otherwise should have been transferred to the Client.
4.3 When RCG has paid the agreed Flight Compensation pursuant to the instruction of the Client, RCG shall not be liable for: i) checks, prepaid debit cards, credit cards and similar lost in transit to the Client; ii) any effect of the Client 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 at the fault of the Client has been paid to a wrong receiver, RCG shall not be obligated to actively reclaim it.
4.4 No interest may be claimed for the period between the incoming and outgoing payments. RCG reserves the right to retain any interest that has been recovered from the airline.
4.5 RCG shall not be liable for any amount of compensation, damages or similar, if RCG is prevented to transfer the payment to the Client by an event beyond its reasonable control, including without limitation, strike, lock-out, labour dispute, act of God, 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.
Section 5 – limitation of liability
5.1. RCG is only responsible for damage caused by negligence of RCG. These Terms and Conditions shall be complied with at all times. RCG does not accept any responsibility for any damage that occurs due to non-compliance with these Terms and Conditions.
Section 6 – governing law and disputes
6.1 The laws of Sweden apply to these Terms, the Authority Document and the Agreement between RCG and the Client.
6.2 Should any provision of these Terms be or become void, illegal or unenforceable, this shall not affect the validity of the remaining provisions in any way whatsoever.
6.3 Rights and obligations fully or partially related to any submitted Claim may be transferred without restrictions by RCG to any entity within the corporate group of RCG and by RCG to third parties.
6.4 The Swedish version of these Terms shall prevail in case of inconsistency to any other language version.
Section 7 – final provisions
7.1 RCG is authorized to alter these Terms and to set forth additional conditions at any time and without notice. However, changes with a negative effect to the Client will not apply to the Client, unless the Client agrees to new changes.
Last updated 2022-02-28