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Copyright © 2025 CompenSky

Terms and Conditions

Terms And Conditions

Last Updated: October 6, 2025

These Terms and Conditions (the "Terms") constitute the legally binding agreement between a customer ("Customer", "Client" or "you") and CompenSky Danışmanlık Limited Şirketi (“CompenSky”, “we”, “us”, “our”) 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 CompenSky Privacy Statement.

We strongly recommend that you do not engage with CompenSky 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 contact@compensky.com or check out our Frequently Asked Questions (FAQs) section on our website.

Important Notice: These Terms are applicable to all services provided by CompenSky. Should your Claim relate to a flight with specific jurisdictional requirements, additional terms may apply, and we will notify you accordingly.

1. USE AND NATURE OF OUR SERVICES

Use of our Services
  • 1.1 By accepting these Terms and using our Services you affirm that you are (a) a natural person over the age of legal majority in your country of residence who can enter into legally binding agreements under applicable law, and (b) authorized to enter into these Terms and any Service-specific terms on your own behalf, and, where applicable, on behalf of other passengers for whom you are legally authorized to act.

  • 1.2 You further affirm that you have the legal capacity to understand and comply with all obligations set forth in these Terms and that you will use our Services in good faith and in accordance with all applicable laws and regulations.

Nature of our Services
  • 1.3 CompenSky provides comprehensive services to help air passengers manage the impact of flight disruptions and enforce their rights under applicable Air Passenger Rights Regulations. These services may evolve and change from time to time to better serve our customers, but include facilitating the processing of Claims on behalf of passengers before Airlines, enforcing air passengers' rights (including, but not limited to, claiming monetary compensation, refunds, and damages) arising from delayed flights, canceled flights, denied boarding situations, overbooking incidents, baggage-related issues, and/or other related disruptions or violations of passenger rights.

  • 1.4 CompenSky operates as a professional claims management company and is not a law firm. CompenSky is not acting as a lawyer on your behalf or providing you directly with legal services or legal advice. Nevertheless, during the provision of our Services and in accordance with the Terms and Forms, CompenSky may engage with contract Lawyers, law firms, or licensed attorneys for the purpose of providing our Services, including but not limited to pursuing Legal Action on your behalf.

  • 1.5 All legal representation, where required, shall be conducted by appropriately licensed legal professionals in the relevant jurisdictions. CompenSky acts as a claims management intermediary and service provider, coordinating and facilitating the claims process on your behalf.

  • 1.6 CompenSky does not provide insurance products or act as an insurance company. Any references to insurance-related services or products offered through third parties are clearly identified as such, and separate terms and conditions apply to those products.

  • 1.7 The services provided by CompenSky are designed to maximize the likelihood of obtaining Flight Compensation for eligible Claims while minimizing the burden and complexity on passengers. We handle all communications, documentation, negotiations, and where necessary, legal proceedings, allowing you to pursue your rights without the typical hassle, time commitment, or upfront costs associated with individual claims.

2. DEFINITIONS

In these Terms, the following defined terms shall have the meanings stated below. These definitions apply throughout the document and are essential to understanding your rights and obligations:

  • 2.1 "Air Passenger Rights Regulations" means any law, regulation, directive, international convention, or similar legal instrument, whether issued on a state, federal, European Union, national, international, or regional level, and including case law and precedents, upon which a consumer may claim monetary compensation, damages, refunds, reimbursements, or other remedies in the event of overbooked flights, delayed flights, canceled flights, denied boarding, or otherwise disrupted flights, as well as baggage-related issues and other air travel disruptions. 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 Civil Aviation Authority (SHGM) passenger regulations including SHY-Passenger Rights; Canadian Transportation Act: Air Passenger Protection Regulations (APPR); "MC 99": The Montreal Convention 1999; United States Department of Transportation regulations; and any other applicable passenger protection legislation in any jurisdiction worldwide.

  • 2.2 "Airline" means the commercial airline, air carrier, or operating carrier that operated the flight for which our Services may be provided, or any airline that is legally responsible for the flight disruption or passenger rights violation that is the subject of your Claim. This includes both the marketing carrier (the airline whose code is on your ticket) and the operating carrier (the airline that actually operated the flight), where these are different entities.

  • 2.3 "Assignment Agreement" means the document, in electronic or other format, requested by CompenSky on a case-by-case basis and as legally required or advisable in certain jurisdictions, whereby you and CompenSky agree that CompenSky shall become the legal owner and holder of the Claim, subject to the terms of the Assignment Agreement, in order to pursue the Claim, collect payments, receive Flight Compensation, and take all necessary actions in connection with the Claim. The Assignment Agreement transfers your rights in the Claim to CompenSky for the duration of our representation.

  • 2.4 "Authority Document" means the document which authorizes CompenSky and/or a CompenSky Group Company or CompenSky Third Party to act on your behalf with regard to your Claim and to take all necessary actions in connection with pursuing your Claim. The document may take many shapes and forms, depending on various jurisdictional requirements, applicable laws, and the specific needs of your Claim, including, but not limited to, a power of attorney, letter of authorization, mandate, certificate of authorization, representation agreement, or similar legal instrument that grants CompenSky the authority to represent you.

  • 2.5 "Claim" means any claim, demand, or action against an Airline for monetary compensation, damages, refund, reimbursement, or other remedy in accordance with Air Passenger Rights Regulations or an Airline's voluntary gesture of goodwill, arising from flight disruptions, cancellations, delays, denied boarding, overbooking, baggage issues, or other violations of passenger rights.

  • 2.6 "CompenSky" means CompenSky Danışmanlık Limited Şirketi, a limited liability company established and operating under the laws of the Republic of Türkiye, with its principal office located in İstanbul, Türkiye. CompenSky is the service provider and contracting party under these Terms.

  • 2.7 "CS Signature" means a signature provided by you electronically via the online CompenSky signing tool, digital signature platform, or electronic signature service, and considered the legal equivalent of a handwritten signature for all purposes under these Terms and applicable law. In the event you are unable to provide a signature online or through electronic means, a handwritten signature or scanned copy of a handwritten signature may be provided and shall have the same legal effect.

  • 2.8 "CompenSky Group Company" means any entity that is, directly or indirectly, controlled by CompenSky, or which controls CompenSky, or which is under common control with CompenSky, whether through the ownership of share capital and/or voting securities, by contract, or otherwise. Control means the power to direct the management and policies of an entity, whether through ownership, contract, or otherwise.

  • 2.9 "CompenSky Third Party" means a person or entity under contract, agreement, or arrangement with CompenSky to assist in the provision of our Services either directly or indirectly to the Customer. This includes, but is not limited to, Lawyers, law firms, collection agencies, payment processors, translation services, expert witnesses, court representatives, and other professional service providers engaged to facilitate the claims process.

  • 2.10 "Compensation Service" means the comprehensive service whereby CompenSky, either by itself or together with its Group Companies and CompenSky Third Parties, pursues, prosecutes, and processes a Claim on your behalf in order to obtain Flight Compensation. This service may include, but is not limited to, claim assessment, documentation preparation, correspondence with Airlines, negotiations, settlement discussions, and where necessary and appropriate, Legal Action including court proceedings, arbitration, or other dispute resolution mechanisms.

  • 2.11 "Customer" means you; the person who has accepted these Terms and is receiving or has requested Services from CompenSky. The Customer may also be referred to as "Client", "passenger", or "you" in various documents and communications. Where applicable, "Customer" includes any person on whose behalf you are authorized to act in connection with a Claim.

  • 2.12 "Discretion" means the process, authority, and right by which CompenSky makes decisions with regards to your Claim based on our professional judgment, experience, knowledge of applicable laws and regulations, assessment of the merits and likelihood of success, cost-benefit analysis, and other relevant factors, all as described in greater detail in these Terms. CompenSky's exercise of Discretion is made in good faith and with the objective of pursuing viable Claims while managing resources effectively.

  • 2.13 "Eligible Claim" means a Claim that CompenSky has assessed and determined, within its sole Discretion and based on our evaluation criteria, as a Claim that CompenSky is willing and able to pursue on your behalf by providing you with the Compensation Service. An Eligible Claim is one that meets our internal criteria for likelihood of success, legal merit, economic viability, and compliance with our service parameters.

  • 2.14 "Eligibility Service" means the service provided by CompenSky to determine, assess, and evaluate whether your Claim qualifies as an Eligible Claim based on the information you provide, applicable Air Passenger Rights Regulations, the circumstances of your flight disruption, and our internal assessment criteria and methodologies.

  • 2.15 "Fellow Passenger" means any passenger who the Customer has included in the Form for receipt of Flight Compensation, such as a family member, travel companion, or any other passenger that traveled together with the Customer on the same flight booking or the same Airline flight, and for whom the Customer is authorized to act and submit a Claim on their behalf.

  • 2.16 "Flight Compensation" means the total amount of money, monetary payment, or other receivables (where accepted by CompenSky in its sole Discretion) paid by an Airline in relation to a Claim as compensation, refund, damages, reimbursement, settlement, a voluntary gesture of goodwill, or otherwise, to you or CompenSky as a result of the Compensation Services provided by CompenSky. For the avoidance of doubt, Flight Compensation does not include any payments or reimbursements of Legal Expenses, collection costs, administrative fees, interest, or similar amounts, which have been pre-financed by CompenSky or which result from CompenSky's intervention, efforts, or legal actions, all of which shall belong exclusively to CompenSky.

  • 2.17 "Form" means the Assignment Form, Authority Document, power of attorney, mandate, claim submission form, passenger information form, or other documents, whether in electronic or physical format, which enable the CompenSky Group and CompenSky Third Parties to provide the Customer with our Services. CompenSky will determine which Form or Forms are the most appropriate, legally required, or advisable on a Claim-by-Claim basis and may request multiple Forms for a single Claim depending on jurisdictional requirements and the progression of the Claim.

  • 2.18 "Goodwill Claim" means a situation where CompenSky makes a request to the Airline, in the absence of developed, clear, or enforceable Air Passenger Rights Regulations, or where legal entitlement is uncertain or ambiguous, for Flight Compensation based on customer service principles, commercial goodwill, or voluntary airline policies. The Flight Compensation for Goodwill Claims may be monetary or in kind, such as a flight voucher, travel credit, fidelity points, frequent flyer miles, or air miles, and acceptance of such compensation is subject to CompenSky's sole Discretion.

  • 2.19 "Information Service" means CompenSky's provision of flight information, airline information, airport information, travel-related information, general information about air passenger rights under applicable Air Passenger Rights Regulations, claim status updates, and other relevant information to assist passengers. The information may be either specific to the Customer's flight and Claim or non-flight-specific general information provided for educational and informational purposes. The information will be delivered through electronic communication, including but not limited to email, SMS, a personalized customer dashboard, mobile application, or CompenSky-controlled websites and platforms.

  • 2.20 "Lawyer" means any attorney at law, advocate, barrister, solicitor, legal counsel, and/or law firm that CompenSky has contracted with, engaged, or retained for Legal Action, legal representation, legal advice, court representation, or other legal services with regard to a Claim. Lawyers engaged by CompenSky are appropriately licensed and qualified to practice law in the relevant jurisdictions where Legal Action is taken.

  • 2.21 "Legal Action" means the preparation, filing, initiation, and prosecution of a Claim through formal legal proceedings or dispute resolution mechanisms, including but not limited to filing the Claim in a court of competent jurisdiction, submitting the Claim before a government body such as a national enforcement body (NEB) or aviation authority, engaging in formal arbitration or mediation, handing over a Claim to a Lawyer for presenting the Claim directly to the Airline or pursuing judicial action, moving or transferring the Claim from one jurisdiction to another, or taking any other formal legal steps necessary to enforce the Claim through the legal system.

  • 2.22 "Legal Action Fee" means the additional fee listed in Our Fees that CompenSky charges you when you receive Flight Compensation following the provision of the Compensation Service that included Legal Action. The Legal Action Fee is charged in addition to the Service Fee and reflects the additional time, resources, costs, and expertise required to pursue your Claim through formal legal proceedings.

  • 2.23 "Legal Expenses" means all fees, costs, charges, expenses, and disbursements incurred by, paid by, charged to, or awarded to you or the CompenSky Group in furtherance of a Legal Action or in connection with legal proceedings, including, but not limited to, attorneys' fees, legal representation fees, application fees, filing fees, court fees, clerk costs, tribunal fees, translation costs, interpreter fees, expert witness fees, bailiff's costs, enforcement costs, extrajudicial collection costs, notary fees, administrative costs, travel expenses, and any other related fees, expenses, and disbursements of any nature whatsoever.

  • 2.24 "Our Fees" means the fees, charges, prices, and commission structure listed and published by CompenSky (available on our website and provided to you upon request) specifying the accepted currencies and methods of payment which are payable by you to CompenSky for the provision of our Services. In addition to Our Fees, CompenSky may be entitled to recover and retain Legal Expenses from the Airline as described in these Terms.

  • 2.25 "Reassignment Form" means the document that you and CompenSky sign, execute, or otherwise agree to, which assigns the rights of your Claim back to you, returns the ownership of the Claim to you, or authorizes and releases your Claim back to you, thereby terminating CompenSky's authority to pursue the Claim on your behalf and restoring your ability to pursue the Claim independently or through other means.

  • 2.26 "Service Fee" means the fee listed in Our Fees that CompenSky charges you when you receive Flight Compensation following the provision of the Compensation Service. The Service Fee is calculated as a percentage of the Flight Compensation received and is payable only upon successful recovery of Flight Compensation. If CompenSky is unsuccessful in obtaining Flight Compensation, no Service Fee is charged.

  • 2.27 "Services" means any of our services, including, without limitation, the Eligibility Service, Compensation Service, Information Service, or any other service provided by CompenSky or a CompenSky Third Party to you in accordance with these Terms and any additional terms specific to the Services selected by you or offered to you.

  • 2.28 "Withdrawal" means the process set forth in the Withdrawal and Termination section of these Terms by which the Customer withdraws from the Compensation Service, terminates the service agreement, or whereby CompenSky withdraws from the Compensation Service, terminates our representation, or declines to continue pursuing the Claim. Withdrawal may be initiated by either party subject to the terms and conditions set forth in these Terms.

  • 2.29 "VAT" means Value Added Tax (Katma Değer Vergisi - KDV in Turkish) or any similar or successor system of indirect taxation, sales tax, goods and services tax, or consumption tax applicable under Turkish law or the law of any other relevant jurisdiction.

3. THE ELIGIBILITY AND INFORMATION SERVICES

Getting Started
  • 3.1 After you have accepted these Terms by using our Services, submitting a claim inquiry, or otherwise engaging with CompenSky, we will provide you with the Eligibility Service and Information Service to determine whether CompenSky believes, in its sole Discretion and based on the information provided and our assessment criteria, that you have an Eligible Claim that we are willing to pursue on your behalf.

  • 3.2 The Eligibility Service involves a comprehensive assessment of your Claim, including but not limited to: reviewing the details of your flight disruption, analyzing the applicable Air Passenger Rights Regulations, evaluating the circumstances and causes of the disruption, assessing the Airline's liability, determining the potential compensation amount, and evaluating the likelihood of successfully obtaining Flight Compensation based on our experience and expertise.

  • 3.3 If CompenSky makes a positive determination that your Claim is an Eligible Claim, CompenSky will provide you with the Form or Forms necessary to proceed. The purpose of the Form is to permit, authorize, and enable CompenSky to engage on your behalf either directly or indirectly with Lawyers, the Airline or its representatives, insurance companies, government authorities, courts, tribunals, and/or any other relevant parties in order to pursue your Claim and obtain Flight Compensation.

  • 3.4 Provision of the Information Service or Eligibility Service by CompenSky shall not constitute a binding offer, guarantee, or commitment to provide you with any other Services, including, without limitation, the Compensation Service. CompenSky reserves the right to decline to provide Compensation Service for any Claim that we determine, in our sole Discretion, is not an Eligible Claim or for any other reason set forth in these Terms.

  • 3.5 The Information Service is provided to help you understand your rights as an air passenger, the applicable regulations, the claims process, and the status of your Claim. Information provided through the Information Service is for general informational purposes only and does not constitute legal advice. You should not rely solely on information provided through the Information Service for legal decisions without consulting with a qualified attorney if you have specific legal questions.

  • 3.6 CompenSky makes reasonable efforts to ensure that information provided through the Information Service is accurate, current, and complete; however, Air Passenger Rights Regulations may change, and interpretations may vary by jurisdiction. CompenSky does not guarantee the accuracy or completeness of general information provided and shall not be liable for any decisions you make based on such general information.

4. COMPENSATION SERVICE

Submitting the Form
  • 4.1 Prior to commencing the Compensation Service and before CompenSky begins actively pursuing your Claim, you will be required to complete the following steps:

  • 4.1.1 Authorize your CompenSky CS Signature on the Form which will specify, confirm, and acknowledge that you:

  • 4.1.1.1 Agree to receive the Compensation Service from CompenSky and authorize CompenSky to act on your behalf in connection with your Claim in accordance with these Terms;

  • 4.1.1.2 Acknowledge and agree that CompenSky will primarily pursue monetary Flight Compensation, and that it is in CompenSky's sole Discretion to accept or decline travel vouchers, flight credits, airline miles, loyalty points, and/or other non-monetary forms of compensation as Flight Compensation. You further acknowledge that Airline offers for non-monetary compensation may be treated by CompenSky as an Airline's refusal of Flight Compensation, and CompenSky may continue to pursue monetary compensation or may decline to accept non-monetary offers;

  • 4.1.1.3 Affirm, represent, and warrant that you are not currently pursuing the Claim by any other means, either directly with the Airline or through any other third parties, claims companies, lawyers, or representatives, and that no legal dispute, legal action, arbitration, mediation, or other proceeding is directly or indirectly pending, in progress, or expected between you and the Airline on the same matter, the same flight, or the same Claim;

  • 4.1.1.4 Agree that all information provided by you is true, accurate, complete, and provided in good faith, and that you have the legal authority to submit the Claim and bind yourself and any Fellow Passengers to these Terms;

  • 4.1.1.5 Agree to cooperate fully with CompenSky in the pursuit of your Claim, including providing additional information, documentation, or assistance as reasonably requested by CompenSky;

  • 4.2 If you have any existing engagement, assignment, authorization, mandate, or agreement with regard to your Claim with any other claims company, lawyer, or third party, you must cancel, terminate, and revoke these immediately before engaging CompenSky's Services. You must provide CompenSky with written confirmation of such cancellation or termination if requested.

  • 4.3 If you have not completed these steps, provided the required Forms, or satisfied the prerequisites set forth above, you will not receive the Compensation Service and CompenSky will not commence work on your Claim.

  • 4.4 Upon receipt and review of the Form and all required information, CompenSky will confirm to you in writing, either by email, SMS, through your customer dashboard, or other written form, that CompenSky will commence the Compensation Service. CompenSky may decide, in its sole Discretion, whether to proceed with or reject the provision of the Compensation Service, or may request further information, clarification, or documentation prior to commencement of the Compensation Service.

  • 4.5 After submitting the Form and once the Compensation Service has commenced:

  • 4.5.1 You may not assign, transfer, or convey the Claim to any other party as the legal title to the Claim has been assigned to CompenSky, or you have authorized CompenSky to act on your behalf, and such assignment or authorization is exclusive during the term of our engagement;

  • 4.5.2 You may not mandate, authorize, or engage another third party, claims company, lawyer, or representative to act on your behalf concerning the same Claim, as doing so would create conflicting representations and could jeopardize the successful prosecution of your Claim;

  • 4.5.3 All rights to pursue, negotiate, settle, and resolve the Claim are vested exclusively in CompenSky for the duration of our engagement, subject to the terms of these Terms.

  • 4.6 If you receive any direct payments, compensation, refunds, vouchers, credits, or any other form of compensation from the Airline after entering into the Compensation Agreement with CompenSky, you must advise CompenSky immediately and without delay. Such payments shall be considered Flight Compensation under these Terms and entitle CompenSky to the Service Fee, and the Legal Action Fee if Legal Action was taken or initiated by CompenSky prior to you having received payment from the Airline. You must remit to CompenSky the applicable fees from such compensation within a reasonable time period.

  • 4.7 After submitting the Form and during the pendency of your Claim, you must cease all direct negotiations, communications, and correspondence with the Airline regarding your Claim and must direct any communication you receive from the Airline regarding your Claim to CompenSky immediately. This ensures consistent representation and prevents conflicting positions or statements that could harm your Claim.

Reassignment
  • 4.8 Your Claim may be reassigned back to you either at your request, at CompenSky's initiative, or by mutual agreement of the parties. In each case, this will be done in writing by you and CompenSky signing a Reassignment Form or similar document. In the event that you have signed an Authority Document (rather than an Assignment Agreement), you may Withdraw the authority given in the Authority Document by giving written notice to CompenSky in accordance with the Withdrawal and Termination section of these Terms.

  • 4.9 Reassignment returns the ownership and control of the Claim to you and terminates CompenSky's authority and obligation to pursue the Claim on your behalf. Upon reassignment, you regain all rights to pursue the Claim independently, but you also assume all obligations and potential liabilities associated with the Claim.

Withdrawal
  • 4.10 At any time after signing and submitting the Form, you have the right to Withdraw from the Compensation Service and/or request reassignment of your Claim as described in the Withdrawal and Termination section below, subject to the terms, conditions, and potential fees or obligations set forth therein.

  • 4.11 CompenSky may also Withdraw from the Compensation Service, decline to continue pursuing your Claim, or terminate our representation as described in the Withdrawal and Termination section below, subject to the terms and conditions set forth therein.

Customer Representative
  • 4.12 If you are acting as the representative or agent for, or on behalf of, a passenger or passengers (such as Fellow Passengers, family members, minor children, or other travelers), then you shall first obtain a valid power of attorney, authorization, or consent to act on their behalf and produce evidence of such authorization upon request by CompenSky. For minor passengers (individuals under the age of 18), you shall provide their complete data and information, including: full legal name, date of birth of the minor, the names and signatures of the parents, custodians, or legal guardians, and proof of your authority to act on behalf of the minor.

  • 4.13 By submitting a Claim on behalf of Fellow Passengers or other individuals, you represent and warrant that you have the legal authority to bind such individuals to these Terms and that they have consented to your submission of the Claim on their behalf.

Commencing the Compensation Services
  • 4.14 Where CompenSky has notified you in writing as stated above that we will commence the Compensation Service, CompenSky will provide the Compensation Service with the intention, objective, and goal of obtaining Flight Compensation on your behalf through negotiation, settlement discussions, formal legal proceedings, or other appropriate means.

  • 4.15 You will provide CompenSky with all data, information, documents, evidence, and materials that are required, necessary, or helpful for the execution of the Compensation Service. You warrant, represent, and guarantee that the data and information you provide is correct, accurate, complete, true, and provided in good faith, and, where applicable, with the full knowledge, consent, and authorization of Fellow Passengers. Flight data and information may be submitted to CompenSky via the website, mobile application, email, other electronic or software solutions supported by CompenSky, telephone, postal mail, or any other method communicated to you by CompenSky.

  • 4.16 CompenSky may request that you provide additional information, documentation, or evidence such as:

  • 4.16.1 Passenger name, surname, contact email address, phone number, mailing address, date of birth, nationality, passport or identification number, type of disruption (delay, canceled flight, denied boarding, overbooking, or other), reason for delay or cancellation (if known or provided by the Airline), length of delay (arrival time at final destination compared to scheduled arrival time), name of the Airline (both marketing and operating carriers if different), flight number, date of the flight, place of departure and arrival (airports), booking reference or confirmation number, ticket number, boarding passes, and detailed description of the incident, disruption, or circumstances;

  • 4.16.2 Supporting documents which may include but are not limited to: booking confirmation, e-ticket receipt, boarding passes, baggage claim tags, written communication from the Airline (emails, letters, or notifications), receipts for expenses incurred due to the disruption, medical documents if relevant, photographs or videos documenting the situation, and any other evidence that may support your Claim;

  • 4.16.3 An additional Form, declaration, affidavit, or sworn statement which may be sent to CompenSky via the web form, mobile application, or any other electronic solutions supported by CompenSky, or using email, postal service, or courier service.

  • 4.17 You acknowledge and agree that failure to provide CompenSky with any such information, documents, or evidence as requested will negatively impact CompenSky's ability to provide the Compensation Service, may result in delay or inability to pursue your Claim effectively, and may result in CompenSky declining to continue the Compensation Service.

Flight Compensation and Legal Action
  • 4.18 On receiving your Form and confirming commencement of the Compensation Service, CompenSky will prepare, draft, and submit a formal request for payment or compensation to the Airline and will handle all further correspondence, communications, negotiations, and interactions with the Airline or its representatives. For this part of the Compensation Service, if Flight Compensation is successfully obtained and paid, you will be required to pay CompenSky the Service Fee in accordance with Our Fees.

  • 4.19 If the Airline fails to pay Flight Compensation, refuses the Claim, disputes liability, offers insufficient compensation, or fails to respond within a reasonable period after being notified by CompenSky, or should CompenSky, in its sole Discretion, assess that the Airline is unlikely to respond favorably to a request for payment or that Legal Action would be the most effective means of obtaining Flight Compensation, CompenSky may initiate, commence, or pursue Legal Action.

  • 4.20 In the event that Legal Action is initiated, pursued, and Flight Compensation is ultimately obtained and paid (whether through court judgment, settlement during litigation, or otherwise), you will be required to pay CompenSky the Legal Action Fee in addition to the Service Fee, both in accordance with Our Fees.

  • 4.21 In the event that a Lawyer, law firm, or legal counsel is engaged, retained, or used for Legal Action, you expressly consent, authorize, and agree to CompenSky providing the Lawyer access to all the data, information, documents, and evidence communicated to CompenSky in order for the Lawyer to effectively take Legal Action, represent your interests, and pursue your Claim through the legal system.

  • 4.21 In the event that a Lawyer, law firm, or legal counsel is engaged, retained, or used for Legal Action, you expressly consent, authorize, and agree to CompenSky providing the Lawyer access to all the data, information, documents, and evidence communicated to CompenSky in order for the Lawyer to effectively take Legal Action, represent your interests, and pursue your Claim through the legal system.

  • 4.22 Where a separate Form, additional documentation, notarized documents, or other additional documents are required, necessary, or advisable to undertake Legal Action in a particular jurisdiction or before a particular court or tribunal, you undertake and agree to provide such additional documents promptly upon request by CompenSky. In cases where you have previously signed an Assignment Agreement, and later sign an Authority Document (or similar document) for purposes of Legal Action, you acknowledge and accept that the Authority Document may assign the Claim back to you while authorizing CompenSky to continue to represent you, or may serve as a mandate for CompenSky to act on your behalf, depending on the legal requirements of the relevant jurisdiction.

  • 4.23 If CompenSky or the Lawyer commences, pursues, or engages in Legal Action to pursue a Claim, CompenSky will cover, pay, and bear all Legal Expenses incurred during the Legal Action, even if the Legal Action is lost, unsuccessful, or results in an unfavorable outcome. You will not be responsible for any Legal Expenses incurred by CompenSky, regardless of the outcome of the Legal Action, except as otherwise specifically provided in the Withdrawal and Termination section of these Terms.

  • 4.24 In the event that a lawsuit is won, a favorable judgment is obtained, or a settlement has been reached between the Airline and CompenSky (whether during or after Legal Action), CompenSky may cover any costs, fees, or expenses incurred that are not covered, reimbursed, or paid by the Airline. When applicable under the law or court rules, if a lawsuit is won or a favorable settlement is reached, CompenSky will put forward a claim for reimbursement of Legal Expenses to the Airline or the court. The same applies to Legal Expenses and related costs regardless of whether the legal proceedings are performed by CompenSky directly or through a Lawyer. For the avoidance of doubt, all reimbursements obtained from the Airline or awarded by a court, including Legal Expenses, collection costs, administrative fees, interest, and any other amounts beyond the base Flight Compensation, shall belong exclusively to CompenSky and shall not be shared with or paid to the Customer.

  • 4.25 You agree, acknowledge, and understand that the final outcome of Legal Action and the process of obtaining Flight Compensation through the legal system may take a considerable period of time, potentially months or even years, depending on the jurisdiction, the complexity of the case, the court's schedule, the Airline's tactics, and other factors beyond CompenSky's control. CompenSky makes no guarantee or representation regarding the timeline for resolution of Legal Action.

Settlements
  • 4.26 CompenSky, in its sole Discretion and professional judgment, may offer to or accept from the Airline individual Claim settlements or collective Claim settlements for Flight Compensation. Settlement decisions are made based on various factors including the strength of the Claim, the likelihood of success in litigation, the costs and time associated with continued Legal Action, the Airline's settlement offer, and other relevant considerations.

  • 4.27 You acknowledge, agree, and understand that the decision to accept a settlement offer from the Airline for Flight Compensation rests solely with CompenSky, since you have assigned the Claim to CompenSky or authorized CompenSky to act on your behalf with full discretion. In cases where CompenSky acts on your behalf in accordance with an Authority Document, you expressly authorize CompenSky to accept or reject settlement offers based on CompenSky's sole Discretion, without the need for your additional consent, approval, or consultation, provided that CompenSky acts in good faith and in accordance with these Terms.

  • 4.28 CompenSky may pursue the assigned Claim in its own name, in your name, or in the name of CompenSky on your behalf, with or without the assistance, representation, or involvement of a Lawyer, as CompenSky determines to be appropriate or necessary. Where appropriate, advisable, and/or legally necessary or required by the jurisdiction or court, CompenSky may reassign the Claim to you and you agree to authorize CompenSky again with an Authority Document to continue to deliver the Compensation Service and collect and/or receive payments on your behalf.

  • 4.29 You are fully responsible for providing correct, accurate, complete, and truthful data, information, and documentation to CompenSky in order to proceed with the Compensation Service. CompenSky shall not be held liable for any incorrect communications, erroneous documents, incorrect data or information, misrepresentations, and fraudulent conduct shared, provided, or submitted by you. In the event that you provided deliberately incorrect information or data, engaged in fraud or misrepresentation, or otherwise breached your obligations under these Terms, in addition to any other recourse, remedies, or rights that CompenSky may have under these Terms or applicable law, you will, upon request by CompenSky, reimburse CompenSky for the Legal Expenses, costs, fees, and any damages incurred by CompenSky as a result of your breach.

Goodwill Claims
  • 4.30 In jurisdictions where the Air Passenger Rights Regulations may be less developed, unclear, ambiguous, or not well-established, and where obtaining Flight Compensation through legal means is less likely, uncertain, or impractical, CompenSky may, upon your decision, consent, and agreement to proceed, attempt to obtain Flight Compensation through a Goodwill Claim made to the Airline based on customer service principles and voluntary airline policies.

  • 4.31 You acknowledge and understand that Goodwill Claims are not based on legal entitlement but rather on the Airline's voluntary discretion and goodwill, and therefore the likelihood of success may be lower than Claims based on established Air Passenger Rights Regulations. CompenSky makes no guarantee or representation that a Goodwill Claim will be successful.

How CompenSky makes decisions with regards to your Claim
  • 4.32 CompenSky uses its Discretion in making all decisions regarding whether to pursue your Claim during the Eligibility Service or at any time during the Compensation Service, including but not limited to decisions regarding whether to pursue your Claim with Legal Action, whether to make or accept a settlement offer from the Airline, whether to withdraw from the Claim, whether to pursue a Goodwill Claim, which jurisdiction to pursue the Claim in, which legal strategies to employ, and all other substantive and procedural decisions related to your Claim.

  • 4.33 CompenSky's Discretion is based on a number of factors including, without limitation: the applicable Air Passenger Rights Regulations and their interpretation by courts and authorities; the jurisdictions and court systems in which we may pursue your Claim and their respective advantages and disadvantages; Legal Expenses and the likelihood that CompenSky may obtain reimbursement of or be obliged to pay Legal Expenses; the Airline's historic behavior, practices, and track record with similar Claims; the Airline's financial condition and ability to pay; the average length of time it may take to obtain Flight Compensation or a favorable ruling through Legal Action in the relevant jurisdiction; the quality, completeness, and credibility of the information that you have provided CompenSky with regards to your Claim; any factual information, circumstances, or legal issues that may make obtaining Flight Compensation difficult, uncertain, or unlikely; advice, opinions, and recommendations from Lawyers and legal experts; CompenSky's experience with similar Claims; cost-benefit analysis; and any other relevant factors that may impact the likelihood of success or the economic viability of pursuing the Claim.

  • 4.34 You acknowledge and agree that CompenSky's Discretion is exercised in good faith, based on our professional judgment and expertise, and with the objective of maximizing the likelihood of obtaining Flight Compensation while managing resources and risks effectively. You further acknowledge that CompenSky's decisions made in the exercise of Discretion are final and binding, and you agree not to challenge or dispute such decisions except in cases of bad faith, gross negligence, or willful misconduct.

5. FEES AND PAYMENTS

Our Fees
  • 5.1 Our Fees is the comprehensive price list that details all the fees, charges, commissions, and prices that CompenSky receives in consideration for providing you with our Services. Our Fees are published on our website and are provided to you before you submit your Claim. Our Fees may be updated from time to time, and the version of Our Fees applicable to your Claim is the version in effect at the time you submit your Form and engage our Compensation Service.

  • 5.2 CompenSky provides you with the Eligibility Service and Information Service free of charge, with no upfront fees, costs, or expenses to you.

  • 5.3 CompenSky provides the Compensation Service on a "no win, no fee" basis, meaning that CompenSky provides the Compensation Service free of charge except where CompenSky is successful in obtaining Flight Compensation for you. You pay fees only if and when you receive Flight Compensation.

  • 5.4 If CompenSky is successful in obtaining Flight Compensation for you, CompenSky will transfer the Flight Compensation to you after deducting Our Fees (the Service Fee and, if applicable, the Legal Action Fee) in accordance with the fee structure set forth in Our Fees.

  • 5.5 If you have provided CompenSky with incorrect, incomplete, invalid, or outdated payment information (such as incorrect bank account details, expired payment information, or wrong recipient details) and the amounts we have paid to you for Flight Compensation have been returned to CompenSky, rejected by the financial institution, or otherwise not successfully delivered to you, CompenSky will make reasonable efforts to contact you, including email reminders, phone calls, SMS messages, and other means of communication provided by you to CompenSky. If you do not respond to provide correct payment information within a reasonable time period (typically sixty (60) days from our first attempt to contact you), CompenSky shall be entitled to retain and keep the part of the Flight Compensation that otherwise should have been transferred to the Customer, as compensation for our efforts and as liquidated damages for your failure to provide correct information.

  • 5.6 In the event that the Flight Compensation and/or Legal Expenses, interest, collection costs, or similar amounts are transferred, paid, or remitted directly from the Airline to you (rather than to CompenSky), you will (i) as soon as reasonably practicable and without delay, inform and notify CompenSky of the payment, including the amount received and the date of receipt, and (ii) be invoiced for and liable to pay Our Fees (the Service Fee and, if applicable, the Legal Action Fee), Legal Expenses (if any were incurred and not reimbursed), interest, collection costs, or similar amounts, if any, to CompenSky without unreasonable delay. Payment shall be made within thirty (30) days of receipt of CompenSky's invoice.

  • 5.7 When CompenSky has paid the Flight Compensation to you in accordance with the instructions and payment method selected by the Customer, CompenSky shall not be liable for:

  • 5.7.1 Checks, bank drafts, prepaid debit cards, credit cards, payment cards, and similar payment instruments lost in transit to the Customer, stolen, or otherwise not received by the Customer due to circumstances beyond CompenSky's control;

  • 5.7.2 Any effect, consequence, or loss resulting from the Customer providing wrong bank account information, wrong address, invalid payment details, or similar incorrect information, including, but not limited to, the Flight Compensation being paid to the wrong recipient, rejected by the financial institution, or otherwise not successfully delivered. If Flight Compensation has been paid to a wrong recipient due to the fault, error, or incorrect information provided by the Customer, CompenSky shall not be obligated to actively reclaim it, pursue recovery, or compensate the Customer for the loss, although CompenSky may, in its sole discretion, make reasonable efforts to assist in recovery.

  • 5.8 You shall not be entitled to claim, demand, or receive any interest on the Flight Compensation during the time period between when CompenSky receives it from the Airline and when it is transferred to you. CompenSky reserves the right to retain any interest that it has recovered from the Airline, including interest recovered following Legal Action, as well as any interest earned on Flight Compensation held by CompenSky during the claims process.

  • 5.9 CompenSky shall not be liable for any amount of compensation, damages, losses, or similar claims, if we are prevented from transferring the payment to you by an event or circumstance beyond CompenSky's control, including, but not limited to: strike, labor unrest, lock-out, labor dispute, force majeure events, natural disasters, earthquakes, floods, fires, pandemics, epidemics, war, terrorism, riot, civil commotion, civil unrest, malicious damage, compliance with a law or governmental order, rule, regulation, directive, or court order, accident, breakdown of systems or technology, financial institution failures or closures, banking system disruptions, international sanctions, currency controls, and any other events or circumstances beyond CompenSky's reasonable control.

  • 5.10 The Service Fee and the Legal Action Fee apply to any kind of settlement, payment, or compensation obtained whenever CompenSky is able to obtain Flight Compensation, whether obtained through court decision, arbitration award, settlement with the Airline before litigation, settlement with the Airline during litigation, voluntary payment by the Airline, or where CompenSky has settled the Claim with the Airline jointly or collectively with other Claims.

  • 5.11 All fees are exclusive of VAT unless otherwise stated. Where applicable under Turkish law or other relevant jurisdictions, VAT will be added to Our Fees at the prevailing rate and shall be payable by the Customer.

  • 5.12 CompenSky reserves the right to modify, update, or adjust Our Fees from time to time. Any changes to Our Fees will be published on our website and will apply to Claims submitted after the effective date of the change. Claims submitted before any fee change will remain subject to the fee structure in effect at the time of submission.

6. WITHDRAWAL AND TERMINATION

Your Right of Withdrawal of Compensation Service
  • 6.1 If you qualify as a consumer under the European Union (EU), the European Economic Area (EEA), the United Kingdom (UK), or Turkish consumer protection 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 under applicable consumer protection laws.

  • 6.2 You have the right to withdraw from the Compensation Service within fourteen (14) days from the commencement of the Compensation Service for free and without the need to specify any reasons for your withdrawal. To exercise your right to Withdrawal, the Withdrawal must be communicated (e.g., by letter, email, contact form, or through your customer dashboard) within the 14-day period mentioned above, and it must clearly state your wish to withdraw from the Compensation Service.

  • 6.3 Due to the nature of the service provided, you cannot withdraw from our Compensation Service if CompenSky has informed you that the Airline has accepted the Claim, agreed to pay compensation, or paid the Flight Compensation, as in such an event CompenSky has completed or substantially completed the service you requested and Our Fees have been earned.

  • 6.4 The Withdrawal notice shall be sent to:

    CompenSky Danışmanlık Limited Şirketi
    Esentepe Mah. Talat Paşa Cad. No: 5 İç Kapı No: 1
    Şişli, İstanbul / TÜRKİYE
    or
    contact@compensky.com

    To request your withdrawal you may copy and use the sample text below, adding your details. (You are not obliged to use exactly this text, but it may serve as a helpful template.)


Sample Withdrawal Form

I hereby withdraw from and terminate the Compensation Service agreement concluded by me with CompenSky:

CompenSky Claim reference number: _______________

Date claim was filed: _______________

Address of the customer: _______________

Email address: _______________

Signature of customer: _______________

Date: _______________


End of sample text

  • 6.5 Following the 14-day Withdrawal period, you may still Withdraw your acceptance of the Compensation Service, but such Withdrawal will be subject to the Terms set forth in this section, including potential payment obligations.

Withdrawal of Compensation Service by CompenSky
  • 6.6 CompenSky has the right to withdraw from the Compensation Service in the event of identifying obstacles, circumstances, or impediments beyond the control of CompenSky that prevent CompenSky from obtaining Flight Compensation for you or make it impractical, inadvisable, or economically unviable to continue pursuing the Claim. These may include, but are not limited to: Airline insolvency, bankruptcy, or liquidation; court closure or suspension of operations; government lockdown measures or travel restrictions; changes in applicable law or regulations that eliminate or reduce the basis for the Claim; discovery of facts that undermine the merit of the Claim; very low Flight Compensation value that makes pursuit economically unviable; lack of cooperation or response from you; or any other circumstances that make successful prosecution of the Claim unlikely or impossible. In these cases, CompenSky shall notify you of the obstacles and circumstances and close your Claim. No fee will apply in such circumstances.

Termination of the Compensation Service
  • 6.7 The Compensation Service will terminate upon the earlier of the following events to occur:

  • 6.7.1 When the Claim has been successfully resolved, settled with the Airline, you have received the Flight Compensation (after deduction of Our Fees), and all amounts payable by you to CompenSky, if any, have been paid in full; or

  • 6.7.2 Either you or CompenSky, at any time for any reason, give timely written notice of termination to the other party in accordance with these Terms; or

  • 6.7.3 By CompenSky immediately and without prior notice where (i) you have materially breached your obligations under the Terms, (ii) you have provided incorrect information, incomplete information, engaged in fraud, misrepresentation, or engaged in activities that CompenSky may reasonably suspect to be misleading, fraudulent, or in bad faith, in which case you will not be entitled to receive any Flight Compensation and must reimburse CompenSky for any costs incurred; or

  • 6.7.4 By operation of law or by order of a court or governmental authority.

  • 6.8 CompenSky reserves the right to claim and pursue its losses, damages, costs, and expenses when terminating as a result of your breach, fraud, or misrepresentation.

Consequence of Termination and Withdrawal of the Compensation Service
  • 6.9 Upon termination of the Compensation Services for any reason, you shall immediately pay any fees, charges, or amounts payable to CompenSky under the Terms, including without limitation in the case of Customer Withdrawal after CompenSky has substantially performed the service or after the Airline confirms the payment of Flight Compensation.

  • 6.10 CompenSky will not automatically reassign your Claim to you upon Withdrawal or termination. If you wish to regain control of your Claim, you must specifically request CompenSky to reassign your Claim, and CompenSky will send you the Reassignment Form for you to sign and execute. CompenSky may, in its discretion, charge a reasonable administrative fee for processing the reassignment.

  • 6.11 In the event that you Withdraw from the Compensation Service or CompenSky terminates the Compensation Service due to your breach of the Terms, CompenSky shall be entitled to obtain and recover the following amounts from you:

  • 6.11.1 All Legal Expenses incurred by CompenSky, if CompenSky has commenced, initiated, or pursued a Legal Action on your behalf prior to the Withdrawal or termination; or,

  • 6.11.2 An amount equal to the Legal Expenses, if, following the Withdrawal or termination, CompenSky is requested, ordered, or required by a Judicial Authority, court, or tribunal to pay Legal Expenses due to the Airline as a result of the termination of the Claim; or,

  • 6.11.3 CompenSky's Service Fee, and, where there was Legal Action initiated or pursued, the Legal Action Fee, where you subsequently obtained Flight Compensation directly from the Airline after Withdrawal or termination, whether through your own efforts, through another representative, or through direct negotiation with the Airline.

  • 6.12 Any amounts owed to CompenSky under this section shall be paid within thirty (30) days of CompenSky's written demand for payment. Failure to pay amounts owed may result in CompenSky pursuing collection through legal means, and you shall be responsible for all collection costs, legal fees, and expenses incurred by CompenSky in collecting such amounts.

7. DATA PROTECTION AND PRIVACY

  • 7.1 All personal data, information, and documents collected during the provision of our Services, or connected to the provision of our Services, will be processed, stored, and handled subject to the CompenSky Privacy Statement and in accordance with applicable data protection laws and regulations, including but not limited to the Turkish Law on Protection of Personal Data (Kişisel Verilerin Korunması Kanunu - KVKK), the European General Data Protection Regulation (GDPR) where applicable, and other relevant data protection legislation.

  • 7.2 By accepting these Terms and using our Services, you acknowledge that you have read, understood, and agree to the CompenSky Privacy Statement, which explains how we collect, use, store, share, and protect your personal data.

  • 7.3 You consent to CompenSky collecting, processing, and using your personal data for the purposes of providing the Services, including sharing your data with CompenSky Group Companies, CompenSky Third Parties (including Lawyers, courts, Airlines, and other parties), and any other parties necessary to pursue your Claim.

  • 7.4 You acknowledge that in order to provide the Compensation Service, CompenSky may need to transfer your personal data internationally, including to countries outside of Türkiye and the European Economic Area. CompenSky will ensure that appropriate safeguards are in place for such transfers in accordance with applicable data protection laws.

  • 7.5 You have certain rights regarding your personal data under applicable data protection laws, including rights to access, rectification, erasure, restriction of processing, data portability, and objection to processing. These rights are detailed in our Privacy Statement. To exercise these rights or for any data protection inquiries, please contact us at contact@compensky.com.

  • 7.6 CompenSky implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk and to protect your personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage.

8. GENERAL PROVISIONS

Third Party Services
  • 8.1 Our Services, website, mobile application, or platforms may contain links to third-party providers' websites, interfaces, services, or may provide functionality to book services or obtain information via third parties. Such websites, platforms, and services are controlled by independent parties over which CompenSky has no control, authority, or responsibility. Although our Services may provide information about or access to third-party suppliers and may facilitate use of these third-party providers, such Services do not constitute any sponsorship, affiliation, partnership, or endorsement of these third-party providers by CompenSky.

  • 8.2 We remind you that by accessing third-party websites, platforms, or services, or using third-party services made available through our Services, you agree to be bound by these third parties' policies, terms and conditions, and privacy practices. We encourage you to review these terms and conditions, policies, and privacy statements carefully and to use them at your own risk and discretion.

  • 8.3 You hereby acknowledge and agree that CompenSky will not be a party to any agreement, transaction, or arrangement entered into with any such third party and will not be responsible or liable for any errors, omissions, inaccuracies, defects, or failures in such third parties' services or for any direct or indirect claim, breach, loss, damage, injury, or inconvenience caused or allegedly caused by or in connection with the access, use, or reliance on such third parties' services, products, or information.

Disclaimer of Warranties and Limitation of Liability
  • 8.4 CompenSky has many sources of information and data that make up the information and services available under these Terms. Although CompenSky makes reasonable efforts to provide accurate, current, and complete information, our Services may be subject to omissions, errors, inaccuracies, or outdated information due to the nature of the information sources and the constantly changing nature of laws, regulations, and airline practices. Our Services are provided "as is" and "as available" without warranties of any kind.

  • 8.5 To the fullest extent permitted by applicable law, CompenSky disclaims all warranties, representations, and conditions, 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, completeness of information, fitness for a particular purpose, and quiet enjoyment.

  • 8.6 CompenSky makes no representations, warranties, or guarantees that our Services will result in Flight Compensation, will meet your specific requirements or expectations, will be secure, free of viruses or other harmful components, timely, uninterrupted, accurate, complete, reliable, or error-free. You acknowledge and agree that your use of our Services is at your own risk and that CompenSky does not guarantee any particular outcome or result.

  • 8.7 To the fullest extent permitted by applicable law, CompenSky and its Group Companies, officers, directors, employees, agents, and representatives will not be liable for any direct, indirect, punitive, incidental, special, consequential losses or damages, or any loss of income, profits, business opportunity, goodwill, data, or reputation arising out of or in any way related to: (a) our Services or inability to use our Services; (b) delay or inability to access our Services; (c) virus, bugs, trojan horses, malware, software defects, information obtained through the use of our Services; (d) third parties' linked websites, products, or services obtained through the use of our Services; (e) decisions made by CompenSky in the exercise of Discretion; (f) the outcome or results of Claims; or (g) any other matter relating to our Services, whether based on contract, tort, strict liability, negligence, or otherwise, even if CompenSky, its Group Companies, or any of its suppliers has been advised of the possibility of such damages.

  • 8.8 These Terms do not affect any of your statutory legal rights that cannot be excluded, limited, or waived by law. If you are not satisfied with any portion of our Services or with these Terms, your sole and exclusive remedy is Withdrawal or termination in accordance with the Terms.

Modifications and Entire Agreement
  • 8.9 Any new features, enhancements, updates, or modifications of our Services will be subject to these Terms unless otherwise specified. CompenSky reserves the right to amend, modify, update, or change sections of these Terms at any time without further notice to you. The latest version of these Terms will always be available on the CompenSky website at www.compensky.com. Please visit the CompenSky website from time to time to review the changes as they are binding on you.

  • 8.10 Your continued use of our Services following the posting of changes to these Terms or other policies means you accept and agree to the changes. If you do not agree to the modified Terms, you must discontinue use of the Services and may terminate the Compensation Service in accordance with these Terms.

  • 8.11 These Terms, together with the Privacy Statement and Our Fees (which are incorporated herein by reference), constitute the complete, entire, and exclusive statement of the agreement between you and CompenSky relating to the subject matter hereof and supersede all prior communications, understandings, agreements, representations, and negotiations (oral or in writing) between you and CompenSky regarding the Services.

  • 8.12 You may not transfer, assign, or delegate any of your rights or obligations under these Terms without CompenSky's prior written consent. CompenSky may transfer, assign, or delegate any of its rights or obligations under these Terms to any CompenSky Group Company or any third party designated by CompenSky, and you consent to such transfer, assignment, or delegation.

Alternatives to the Compensation Services
  • 8.13 If you wish to pursue your Claim through alternatives other than CompenSky's Compensation Services, the following are other options available for enforcing the Claim: your own extrajudicial or judicial action against the Airline through direct negotiation or litigation; seeking support from a private lawyer or law firm; making an inquiry or complaint directly with the respective Airline's customer service or claims department; filing a complaint with the relevant national aviation authority or civil aviation authority; using alternative dispute resolution mechanisms such as mediation or arbitration; or filing a complaint with consumer protection agencies.

Governing Law and Jurisdiction
  • 8.14 These Terms, Forms, and the agreement between CompenSky and you, and any dispute, controversy, or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the substantive laws of the Republic of Türkiye, without regard to its conflict of laws principles. This shall not affect mandatory provisions of the legal system that would apply without this choice of law clause, such as the mandatory provisions of your country of residence where you qualify as a consumer under applicable consumer protection laws.

  • 8.15 Subject to the mandatory consumer protection provisions referenced above, any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts and enforcement offices of İstanbul, Türkiye (İstanbul Merkez Adliyesi). However, CompenSky may, at its sole discretion, bring proceedings in the courts of your place of residence or any other court having jurisdiction.

  • 8.16 If any provision (or part thereof) of these Terms is held by any court, tribunal, or other competent authority to be void, invalid, illegal, or unenforceable in whole or in part, such void or unenforceable provision shall be deemed to be severed from these Terms and shall, to the extent possible, be replaced by an enforceable provision with the closest effect possible to the original provision. These Terms shall continue to be valid, binding, and enforceable with respect to all other provisions and the remainder of the affected provisions.

  • 8.17 Any failure or delay by CompenSky in enforcing (in whole or in part) any provision, right, or remedy under these Terms will not be interpreted as a waiver of CompenSky's rights or remedies, and shall not prevent CompenSky from enforcing such provision, right, or remedy in the future. No waiver by CompenSky shall be effective unless made in writing and signed by an authorized representative of CompenSky.

  • 8.18 The English version of these Terms shall prevail and control in case of any inconsistency, discrepancy, or conflict with any other language version or translation of these Terms.

Force Majeure
  • 8.19 CompenSky shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events or circumstances beyond its reasonable control ("Force Majeure Event"). A Force Majeure Event includes, but is not limited to: natural disasters, floods, earthquakes, storms, fires, explosions, pandemics, epidemics, war, invasion, hostilities, acts of terrorism, rebellion, revolution, insurrection, military or usurped power, civil unrest, riots, strikes, lockouts, labor disputes, governmental actions, regulations or restrictions, court orders, embargoes, telecommunications failures, internet failures, power failures, and any other events or circumstances beyond CompenSky's reasonable control.

  • 8.20 CompenSky's obligations under these Terms shall be suspended for the period that the Force Majeure Event continues, and CompenSky shall have an extension of time for performance equal to such period. CompenSky shall use reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.

Intellectual Property
  • 8.21 All intellectual property rights in and to the Services, including but not limited to the CompenSky website, mobile application, logos, trademarks, service marks, trade names, software, content, designs, graphics, text, and materials, are owned by or licensed to CompenSky. These Terms do not grant you any right, title, or interest in such intellectual property.

  • 8.22 You may not copy, reproduce, modify, distribute, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services without CompenSky's prior written consent.

  • 8.23 The CompenSky name and logo are trademarks of CompenSky Danışmanlık Limited Şirketi. You may not use these trademarks without CompenSky's prior written consent.

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