Date of last revision: 10/05/2018

Definition

Our Price List is an annex to the Public Offer Agreement, where you will find definitions of all the Terms used in the current Price List.

Services provided on a free basis:  

PANDA CLAIM does not charge any funds for providing a service to verify compliance with the eligibility criteria, or if the Recovery Procedure on obtaining “Compensation for damage, delay or loss of luggage or/ Compensation” has not been successful.

Commission Fee

If PANDA CLAIM succeeds in the Recovery Procedure for the “Compensation” (see. the Public offer agreement), PANDA CLAIM receives a Commission Fee that is deducted from the full Fee for damage, delay or loss of luggage” (Compensation)

For the purposes of this Price List, the definition of “Special Drawing Rights” is used in the meaning implied by the Montreal Convention and refers as the reserve and payment instrument issued by the International Monetary Fund (IMF) and exists only in a non-cash form, in the form of bank account entries.

The amounts specified in the Special Drawing Rights in this Сonvention are considered as those, which are referring to special Drawing rights, as defined by the International Monetary Fund and in accordance with the provisions of Article 23 of the Montreal Convention.

For Applications for Compensation under Montreal Convention the Commission Fee shall be calculated as follows:

  1. In the case of damage caused by delay in the carriage of persons, the liability of the carrier for each passenger is limited to 4 150 Special Drawing Rights.
  2. In the carriage of luggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1 000 Special Drawing Rights for each passenger unless the passenger has made, at the time when the checked luggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger’s actual interest in delivery at destination.
  3. In the carriage of luggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum of 17 Special Drawing Rights per kilogram, unless the consignor has made, at the time when the luggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor’s actual interest in delivery at destination.
  4. In the case of destruction, loss, damage or delay of part of the luggage, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier’s liability is limited shall be only the total weight of the luggage concerned. Nevertheless, when the destruction, loss, damage or delay of a part of the luggage, or of an object contained therein, affects the value of other luggage covered by the same air waybill, or the same receipt or, if they were not issued, by the same record preserved by the other means the total weight of such luggage or shall also be taken into consideration in determining the limit of liability.

The foregoing provisions of paragraphs 1 and 2 shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment.

The limits prescribed in paragraphs 1 and 4 shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff, including interest. The foregoing provision shall not apply if the amount of the damages awarded, excluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later.

Commission Fee for successful recovery of Compensation shall constitute 20% from the total sum of Compensation, obtained by PANDA CLAIM

Pursuance of the Claim

Payment for the pursuance of the Claim under the judicial procedure shall be only charged if the litigation was necessary for the successful recovery of the Compensation. The payment of a litigation expenses, as well as the Commission Fee, shall be deducted from the amount of the Client’s Compensation and in any case is limited to the amount of the Compensation.

Bank Transfer

PANDA CLAIM shall not cover the fees from the banks-senders, as well as additional fees from the beneficiary banks. Such commission shall be carried out at the expense of the Client.

Client Bank Data

When the Client is implementing his right to remove his personal data, including banking data, PANDA CLAIM reserves the right to retain the account number, IBAN and SWIFT of the Client for the purposes of compliance with audit and taxation legislation.

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