GENERAL TERMS AND CONDITIONS
For transfer of receivable for delayed and cancelled flight compensation
These General Terms and Conditions regulate the conditions whereby INSA BULGARIA EOOD provides its information, software and services via its Mobile Application “Colibra” (hereinafter the “Services”). The Services shall be deemed provided only in case that the Terms and Conditions are accepted, incl. Their rules and clauses, contained therein, whereby for any flight, for which a consumer uses the Services, the General Terms and Conditions apply in the version effective at the date of the flight and the Services provided in relation to it.
INSA is INSA Bulgaria LTD, UIC 205510500, registered in Bulgaria, with its management address: 33 Simeonovsko Shose, Sofia. The mobile application “CoLibra” is available at https://colibra.io, supported and owned by INSA.
"Client” or “User” is any natural person, user and/or visitor to the Application, who has accepted these General Terms and Conditions of use.
"Power of Attorney" is the powers of representation that the Client grants to Insa in connection with the transfer of its claim for damages for a delayed or cancelled flight compensation, and whereby Insa is authorized to act on behalf of the Client and on its account as to notify the debtor for the transfer. In case that the transfer is not permissible as per restrictions set by law, contract or otherwise, or in case that the Client does not sign, due to whatever reason, assignment (transfer) agreement with Insa, by granting consent to the application of these Terms and Conditions the Client provides explicit irrevocable power of attorney to be represented actively and passively before the debtor with respect to the collection of the claim, incl. for receiving the sum of money, comprising the Compensation, on behalf of the Client. This shall not be applicable in a jurisdiction where acting on basis of a Power of Attorney and thereby collection of receivables is subject to a special license. In such jurisdiction INSA shall act only in its own name as owner of a purchased receivable for compensation and shall not represent any third party.
„Agreement“ is assignment (transfer) agreement, signed between the Client and INSA, according to which the Client transfers to INSA its claim of damage against the airline company for a delayed or cancelled flight compensation. Under this assignment (transfer) agreement INSA pays the Client one off payment for purchasing from INSA a claim of damages for a delayed or cancelled flight compensation to which these General Term and Conditions are considered an integral part.
Regulation 261/2004 is Regulation (ЕU) No. 261/2004 of the European Parliament and Council from February 11, 2004 regarding the creation of the general rules for compensation and assistance to passengers in case of refused access to the board and cancellation or a long flight delay.
“Compensation” is a cash amount which should be paid to the airway passenger by the relevant air company according to the passengers rights under Regulation 261/2004 upon the occurrence of the relevant grounds.
One-off payment is a fixed cash amount that should be paid once by INSA to the Client or the User against Client or User transfer to INSA of the compensation claim for an airline company delayed or cancelled flight. The one-off payment shall be rendered automatically by INSA within forty-eight (48) hours upon giving the consent and acceptance of these General Terms and Conditions, signing of: the transfer confirmation, the letter of notification and the assignment (transfer) agreement as well as providing all data, documents and information necessary for the purpose of entering into the Contract and/or the applicaton of the Terms and Conditions, which the team representing Insa and/or the Mobile application automatically require. This one-off remuneration shall be paid for a specific flight, and in case of trip of connected flights, the same shall be paid upon the occurrence of any delay or cancellation of the whole trip, respectively, according to the flight booking made by the Client. A On-Off Payment is the fixed sum selected by the “Client” or “Consumer” and is determined by the Maximum amount of legally regulated compensation dependent on the information contained in the documents to be provided afterwards (boarding pass and/or flight reservation, personal ID documents, etc.), and is not dependent on the final result for INSA regarding its collection, by negotiation with the airline or potential court action, as well as other external factors which influence the assessment of the Claim and the amount of compensation.
The Client or the User has given her/his consent and has accepted these General Terms and Conditions and is under obligation to sign the the assignment (transfer) confirmation, the letter of notification and the assignment (transfer) agreement, as sent by INSA team.
By giving her/his consent and accepting these General Terms and Conditions for the use of mobile application, the Client or the User agrees to sign the assignment (transfer) confirmation, the letter of notification and the assignment (transfer) agreement as soon as these are being delivered to him/her by the INSA team, by signing in compliance with the Electronic Document and Electronic Certification Services Act.
The payment of the One-off payment is subject only to the fulfilment of the following cumulative preconditions: (1) flight reservation or electronic ticket registered on the name of the Client for a particular flight; (2) registration of the Client for the respective flight and boarding on the aircraft bound for that flight; (3) boarding at the airplane carrying out the respective flight (unless the flight is cancelled); (4) grounds for the Compensation due under Regulation 261/2004 should have arisen; (5) completion of all actions as per these Terms and Conditions for the purpose of assignment of the Compensation due to the Client to INSA, including providing of all necessary information for this purpose by the Client.
By the simultaneous automatic signing of the assignment (transfer) confirmation, the letter of notification and the assignment/transfer agreement against the immediate receipt of the one-off payment, the Client User shall transfer to INSA all her/his rights on the Claim.
“Claim” means an extra-judicial or judicial claim for Compensation of a passenger directed against an airway company and based on the rights granted to the passenger according to Regulation 261/2004.
“Mobile Application” means an automatic system incorporated in the Platform/Site through which any User and/or visitor can enter her/his data and provide the required documents. This
System is automatic and operates on the basis of computer algorithms, developed according to the rules of Regulation 261/2004.
“System” means a computer software of the Mobile Application, owned by INSA that stores all information about the Claim upon the transferred claim for compensation by the Client, including the documents uploaded by the Client.
Art.1. After completing the flight route, the take-off and landing/arrival place data in the Mobile Application, the Client or the User may accept / agree to accept thеsе General Terms and Conditions for one-off payment / compensation upon the occurrence of the conditions for this, and in amount which the customer selects according to a scale contained in the app, regarding period of flight delay of 1 to 3 hours, upon which email confirmation is delivered.
Art.2. By using the Mobile application, giving consent to use the services for receiving the immediate one-off payment, the Client consents fully that the Client accepts and is bound to comply with these General Terms and Conditions. These General Terms and Conditions have the nature of a contract between Insa and the Client/Customer and on their basis rights and obligations as between Insa and the Client arise. By giving consent to use the Services via the Mobile Application and giving consent to and acceptance of these General Terms and Conditions , the latter become binding on the Client. Acceptance of the General Terms and Conditions via the Mobile Application constitutes an electronic statement as per the Electronic Document and Electronic Certification Services Act, namely a verbal statement, represented in digital form through a commonly accepted standard for transformation, reading and presentation of information. Giving consent to, and acceptance of the General Terms and Conditions by the Client via the Mobile Application shall be considered as equal to a handwritten signature. By acceptance of the General Terms and Conditions the Client accepts and undertakes the obligations for the subsequent signing of the written assignment (transfer) confirmation, the letter of notification and the assignment (transfer) agreement.
Subject to the relevant applicable law and to the extent permissible, these General Terms and Conditions have the legal nature of a preliminary agreement as per Art. 19 of the Obligations and Contracts Act regarding the assignment (transfer) agreement between Insa and Client. By virtue of the General Terms and Conditions Insa and the Client agree that in the event that a Compensation under Regulation 261/2004 arises, it shall be assigned (transferred), as per these General Terms and Conditions, by an assignment (transfer) agreement, to Insa by the Client, and in exchange for this, Insa shall render the One Off Payment. Insa and the Client agree that Insa has the right under Art. 19 (3) of the Obligations and Contracts Act, namely to bring a claim for conclusion of a final contract. In this case the preliminary agreement comprising these General Terms and Conditions, shall be declared as a final assignment (transfer) agreement for the Compensation receivable of the Client for payment of One Off Payment to the Client.
Subject Matter of the Agreement and Transfer of Claim
Art.3. INSA shall make one-off payment to the Client or User, upon purchasing the claim of compensation by the airline company. Afterwards INSA shall undertake any legally valid actions, including out-of-court and judicial proceedings on its own behalf and at its own expense in order to collect and receive successfully the full amount of the due Compensation for delayed or cancelled flight, based on the grounds provided in the Regulation 261/2004.
IIn case that the transfer is not permissible as per restrictions set by law, contract or otherwise, or in case that the Client does not sign, due to whatever reason, assignment (transfer) agreement with Insa, with acceptance to these Terms and Conditions, the Client provides authority on the basis of power of attorney for Insa to act as his representative for the purpose of undertaking any actions for collection of the receivable, on Insa’s expense, as well as assumes obligation not to contact or authorize third parties, and not to transfer the Claim to them, for the purpose of collection of the Claim.
For the avoidance of any doubt, the current clause of the General Terms and Conditions shall be considered as authorization to Insa and any third party Lawyers they instruct to, undertake any and all actions, legal and factual, for collection of the receivable for Compensation of the Client, incl. judicial and extrajudicial ones, with full rights to bring claims for collection of the receivable, incl. with rights to execute a settlement, increase, waiver of claim, acknowledgement of the arguments of the opposite party, receipt of money or other valuables, as well as actions constituting disposal of the subject of the claim. The Client confirms that the facts of their case are true to the best of their knowledge and they authorise INSA or any third party Lawyers they instruct to sign a statement of truth on their behalf. The Client does also undertake the legal obligation to sign a power of attorney for a lawyer or third party company, appointed by INSA, if and when INSA requires so from the Client, for the purpose of enforcement of any rights under Regulation 261/2004 which the Client may have and to the extent such rights are not or could not, for whatever reason, be transferred to INSA. The Client is not under duty to make payment to Insa and shall not have a right to withdraw the authorization made herein. In case such is done, it shall constitute an infringement of the General Terms and Conditions and shall lead to sanctions as per the General Terms and Conditions, incl liquidated damages under Art. 16 and 23 of these General Terms and Conditions. Apart from this, in this case the Client shall be due to pay to Insa compensation for any costs related to the collection of the receivable, incl. state fees and attorney fees. In the event that the Compensation is collected from the airline, Insa shall transfer to the Client the sum comprising the One Off Payment, unless this has already been transferred to the Client. The Client consents that the remainder to the full amount of Compensation constitutes necessary, adequate and well founded remuneration to Insa for Insa undertaking actions for collection of the receivable for Compensation on behalf of the Client, but for Insa account, incl. for incurred attorney fees, state fees and any other costs. This clause regarding Insa’s authorization to act on behalf of the Client shall not apply where such actions to collect receivables on behalf of a Client require special license.
Art.4. (1) The use of the Mobile application and the registration therein, in addition to accepting and agreeing to these Terms and Conditions, is also an assignment to INSA to perform all actions for filing the compensation Claim for delayed or cancelled flight on its own behalf and at its own expense. Thereby the Client makes a legally binding proposal to INSA to enter into an assignment (transfer) agreement for transferring the claim of compensation. In this way, INSA has the right for extra-judicial and judicial collection of the claim for the Compensation, against the receipt of an immediate one-off payment by the Client from INSA instead of from the relevant airline company.
(2) INSA accepts the proposal under Art.1 and Art.4, para.1, by sending written confirmation to the Client’s registered email.
Art.5. After the registration in the INSA System, the latter automatically generates a written assignment confirmation, a letter of notification and an assignment (transfer) agreement, which must be signed by the Client, including electronically, which shall be considered as equal to handwriting signature. By the assignment (transfer) agreement, as well as these Terms and Conditions, the Client authorizes INSA to notify the debtor regarding the assignment (transfer) in connection with the collection of the transferred Claim for Compensation by Client.
Art.6. The information that the Client provides to the Mobile application and the System thereto, namely flight number, airline, reservation/airplane ticket, name and email, as well as bank account details, must be precise with respect to the identity of the Client, flight data, and in case of connected flights, for each of them, and to reflect the real factual situation. The Client provides the information and inserts it in the Mobile app no later than 30 minutes prior to the time of departure of the concerned flight according to the airline flight schedule. INSA has the right to require at any time information from the Client regarding his flight and/or the compensation, as well as his identity and any other data necessary for the judicial and extrajudicial claims for compensation. The non-performance of this obligation is sanctioned by payment of liquidated damages according to these Terms and Conditions.
Services proposed by INSA
Art.7. (1) INSA pays within 48 hours one-off payment to the Client upon signing of the cession agreement and providing the required documents such as a boarding pass, as well as any related necessary information which Insa requires from the Client. The Services rendered by INSA are limited to, and in connection with, flights which are scheduled to depart no later than 30 minutes from the moment when the information under Art. 6 of the General Terms and Conditions is provided by the Client.
(2) Upon the acquiring a claim, INSA shall undertake subsequently all admissible extra-judicial legal actions to collect the amount of the Claim for Compensation, which has been acquired and purchased without requiring the Client to pay any costs.
Art.8. (1) All risks in the event of any eventual refusal on the part of the airline company to pay the Compensation for any reason, without grounds for this, are entirely at the expense of INSA. In this case INSA can decide and initiate judicial proceedings without involvement of the Client, by the court proceedings against the airline company before the competent court on the territory of the European Union.
(2) Legal actions may be initiated also in the cases where INSA efforts fail during the conducted negotiations with the airline company, for reaching out-of-court settlement with payment in acceptable terms for INSA .
Art.9 (1). In the case that, despite of the claim compensation transfer the Client receives the compensation directly from the airline company in the course or after the extra-judicial or judicial proceedings initiated by INSA, the Client undertakes to notify INSA for this and to provide all evidence for the receipt of payment directly from the airline. The Client shall transfer to INSA this compensation in full amount within three (3) days from the receipt date by the airline company, according to these General Terms and Conditions.
Client's Rights and Obligations
Art.10. The Client is allowed to review the Mobile application and to give its consent for its use through accepting the General Terms and Conditions, as well as to make request for receiving one-off payment through the System, which in its essence is a binding proposal for the use of INSA provided services.
Art.11. The Client is entitled to receive an one-off payment within forty eight (48) hours upon she/he has accepted the General Terms and Conditions and has signed the written assignment (transfer) confirmation, the letter of notification and the Assignment (Transfer) Agreement and has provided a bank account for payment execution, as well as any necessary other information for the purpose of realization of the rights and obligations regulated herein.
Art.12. The Client shall be fully responsible for the protection of its user name, password, provided information and personal data, as well as for any actions performed by the same or by any third person through the use of her/his username and password. The User shall immediately notify INSA for any case of illegal access through the use of her/his user name or password, as well as there is always a risk of such use exists.
Art.13. (1) Every INSA Client is obliged to render assistance for the successful conducting of the procedure for receiving the one-off payment by the same and the relevant collection of the claim compensation by INSA, through the provision of the necessary information, documents and evidence (e.g. the boarding pass, the flight reservation, identity document, etc.).
(2) The Client undertakes to send any information to INSA immediately upon its receipt and which is relevant to her/his right to Compensation.
(3) The Client undertakes within two (2) days to inform INSA, if the airline company directly gets in touch with her/him and/or proposes to her/him, or sends to her/him a compensation alternative (i.e. travel vouchers, free-of-charge replacement tickets or other services provided by the airline company).
Art.14. (1) In order to receive immediately the one-off payment, the Client shall state her/his bank account. The one-off payment is due and payable only to the Client's own bank account (bank account beneficiary of which is the Client).
(2) If the Client wishes that the one-off payment is transferred in any other way, she/he shall explicitly notify INSA by email stating the requested way of payment.
(3) Any bank and other fees, including re-evaluation on and in connection with the transfer under para.1 and para.2, shall be at the expense of the Client.
Art.15. (1) Upon the acceptance of these General Terms and Conditions, the Client undertakes not to get in touch with other companies, agents or attorneys who provide similar services, as well as to use identical or similar services as those falling in the scope of these General Terms and Conditions and/or the assignment (transfer) agreement. If the Client does it, the Client is under obligation to pay the liquidated damages stipulated under Art. 22 of the General Terms and Conditions.
(2) The Client shall not undertake any other legal or factual action against the relevant airline company independently. If the same wishes to undertake any other actions not included in the INSA services against the airline company, the Client can do this only upon the INSA consent.
Art.16. After a Client uses the services of INSA and subject to the below paragraph, the Client is not entitled to refuse the services provided by INSA after the acceptance of the General Terms and Conditions, but prior to the signing of the binding documents, such as a assignment agreement, a written assignment confirmation, a letter of notification. In case that the documents provided to the Client are not signed, the latter indemnifies INSA by payment in triple amount of the Compensation due.
The Client is not entitled to cancel or refuse the services provided by INSA after the actual cancelation or flight delay has occurred – under these General Terms and Conditions, INSA provides payment in case of flight cancelation or delay against the commitment that the Client transfers or, if not possible or practical, authorizes INSA to undertake actions to enforce Client’s rights upon occurrence of such event. After such event occurs, INSA would have already effected its service, and the parties would not be able to be returned into any prior position before the Client used the service.
INSA Rights and obligations
Чл.17. INSA does not guarantee intermittent service by way of the Mobile app. INSA reserves the right to cease the Services via the Mobile app on its own discretion for unspecified period of time without prejudice of any rights of Clients of INSA that have already arisen prior such cessation. INSA does have the right to refuse to pay One Off Compensation and to provide its Services to a Client in case that the information provided by the Client is not correct or is in breach of the General Terms and Conditions.
Art.18. INSA undertakes to notify the airline company for the transfer of claim compensation and acquisition of Client rights upon this compensation, as well as to provide a letter of notification by the Client to the airline company for the transfer of claim to INSA or any other document or notice necessary for notifying the airline. Irrespective of this, by virtue of these General Terms and Conditions Insa is authorized to notify the airline for the transfer.
Art.19 (1) The General Terms and Conditions can be changed at any time by INSA.
(2) INSA undertakes to notify the Client for the changes in the General Terms and Conditions, by publication in a noticeable place within its electronic page a notice regarding the changes and send to their email a copy thereof.
Art.20. (1) INSA reserves the right to cancel or restrict the access to the mobile application and the services being rendered at any time.
(2) INSA reserves the right to modify or cancel (temporarily or finally) an element or part of its services.
Чл.21. INSA reserves the right to cancel the providing of the services to the Client if the Client has breached her/his obligation described in Art.15 of these General Terms and Conditions.
Liquidated Damages (Penalties)
Art.22. If the Client fails to fulfill her/his obligations under Art.15 of these General Terms and Conditions she/he shall immediately refund to INSA the one-off payment, as well as triple amount of Compensation. In case that the liquidated damages do not apply, the Client compensates Insa for all costs incurred in relation to the Services that Insa rendered to the Client.
Art.23. If the Client fails to fulfill her/his obligations under Art.16 of these Terms and Conditions and refuses to sign the remaining documents within 7 (seven) days after the term specified in these Terms and Conditions for signing the documents, she/he shall owe to INSA the triple amount of the Compensation due in this case. In case that the liquidated damages do not apply, the Client compensates Insa for all costs incurred in relation to the Services that Insa rendered to the Client.
Art.24 By signing of these General Terms and Conditions, the PARTIES clearly express their consent that their personal data shall be used, processed and archived for the needs and purposes of this Agreement in compliance with the EU - Regulations) 2016/679 of April 27, 2016. The grounds to use, process and archive personal data shall include realization of the rights and obligations under these General Terms and Conditions and the assignment (transfer) agreement.
We aim to take reasonable steps to allow the Client to correct, amend, delete, or limit the use of personal data.
The Client has the right:
•to access and receive a copy of the Personal Data we hold about the Client;
•to rectify any Personal Data held about the Client that is inaccurate;
•to request the deletion of Personal Data held about the Client.
The Client can update Personal Data by contacting us at: firstname.lastname@example.org.
The Client can request to obtain a copy of the Personal Data in a commonly used electronic format so that can manage and move it. Please note that we may ask you to verify your identity before responding to such requests.
The Client can request deletion of your Personal Data by email to: email@example.com. Such Personal Data cannot be deleted if its processing is necessary for the performance of the contractual rights and obligations under these General Terms and Conditions.
The relevant authority is: Commission for Protection of Personal Data
Art.25. These General Terms and Conditions are prepared according to the Bulgarian law and all disputes in relation to them shall be considered by the competent Bulgarian court in the city of Sofia.
However, the mandatory provisions of the laws of Germany as well as the laws of Germany as to formation of contract and assignment shall apply in the event that German law would have otherwise applied if there was no explicit choice of Bulgarian law made in this clause.
Effective as of 11 March 2020