Terms and conditions of use
Head office:
Ninho de Empresas DNA Cascais, Rua Cruz da Popa,
2645-449 Alcabideche
Regulatory authority:
ASAE – Autoridade de Segurança Alimentar e Económica
Rua Rodrigo da Fonseca, N.º 73
1269-274 Lisboa, Portugal”
Welcome to www.paxdefender.com. PaxDefender, also known as Douglas & Santos, Lda., a private limited company based at Ninho de Empresas DNA Cascais, Rua Cruz da Popa, 2645-449 Alcabideche, Portugal, and registered at the Cascais Commercial Registry Office with the single registration and legal person number 518 301 230, regulates its relationship with users and clients through the Terms and Conditions of Use described here and the Privacy Policy.
By accessing, browsing and using our website, you declare that you fully accept these Terms and Conditions. These govern the use of our site and the services offered. If you do not agree with any part of these Terms, please refrain from using our services.
PaxDefender is a platform specializing in mediation, consultancy and assistance, designed to make it easier to obtain compensation for flights. It should be noted that we are not a law firm, nor do we operate as a legal entity specializing in law. However, to ensure the effectiveness of our services, we may collaborate with external lawyers to obtain legal support in specific cases.
If you do not agree with the Terms and Conditions or any specific term of our subscribed services or functionalities, we ask that you cease using them immediately.
1. ACCEPTANCE CAPACITY
By accepting these Terms and using our services, you confirm that:
1.1) Has full legal capacity, is of legal age according to the legislation in force in his/her country of residence, and is legally able to enter into contracts.
1.2) You hold sufficient authority to accept these Terms and any additional conditions applicable to the services, both on your own behalf and, where relevant, on behalf of third parties who may be party to the transactions covered by this agreement.
2. DEFINITIONS
For clarity, the following terms should be interpreted as defined below:
2.1) Contract: Agreement between the Customer and PaxDefender, whereby the Customer transfers the right to claim compensation under Regulation (EC) No 261/2004.
2.2) Complaint: Formal request submitted by PaxDefender, or by appointed legal representatives, to the airline responsible, in accordance with Regulation (EC) No. 261/2004.
2.3) Customer: Natural or legal person who enters into a contract with PaxDefender, delegating the claim for any compensation.
2.4) Regulation (EC) No. 261/2004: European Union regulation defining passengers’ rights in the event of delays, cancellations or denied boarding.
2.5) Compensation: Amount awarded by the airline as a result of a successful claim.
2.6) Process: Procedure conducted by PaxDefender, which may involve direct negotiations with the airline, legal actions or official regulatory mechanisms, to obtain the compensation due.
2.7) Service Fee: Percentage set at 30% of the amount of compensation obtained, plus VAT at the legal rate in force.
2.8) PaxDefender: Platform dedicated to defending the rights of air passengers and claiming compensation, in accordance with Regulation (EC) No 261/2004.
3. GENERAL RULES
3.1) PaxDefender undertakes to act as an intermediary in complaint procedures, with the aim of obtaining compensation under the European Regulation applicable to air passenger rights.
3.2) The Customer declares that he/she has the legal capacity to enter into the contract, either in his/her own name or on behalf of a third party.
3.3) The contract is formalized by signature, which can be digital or handwritten.
3.4) If there are any doubts about the authenticity of the signature, the Customer may be asked to send a physical version of the signed contract, accompanied by a valid copy of their identification document.
3.5) PaxDefender reserves the right to accept or refuse cases on the basis of the information submitted, informing the Customer of the decision by e-mail or via the reserved area on the website.
3.6) The contract enters into force upon submission of the Customer’s and flight details, as well as acceptance of the Terms and Conditions, and remains valid until a final decision is reached or termination by either party.
3.7) The compensation simulator available on the website is merely indicative and is not binding.
3.8) PaxDefender may negotiate and enter into agreements with airlines for the benefit of the Customer, even if the amounts agreed are lower than the initial estimates.
3.9) The Customer will be regularly informed of the status of their case through notifications sent by e-mail or through the customer area on the website.
3.10) If the process requires legal action, an additional fee of 10% may be applied to the amount of final compensation obtained, in addition to the standard service fee.
4. THE CLIENT’S RESPONSIBILITIES
4.1) The Customer expressly authorizes PaxDefender to act on his behalf to claim compensation related to the flight in question.
4.2) During the term of the contract, the Customer undertakes not to negotiate directly, or through third parties, any compensation relating to the same case.
4.3) The Customer warrants that all information provided to PaxDefender is complete, accurate and true.
4.4) It is the Client’s responsibility to respond promptly to requests for additional information and to submit the documents necessary for the process to proceed.
4.5) Any change in personal data or communications received from airlines must be immediately communicated to PaxDefender to ensure the continuity and effectiveness of the process.
5. FEES AND PAYMENTS
5.1) The Customer will be entitled to receive 70% of the amount of compensation obtained, while the remaining 30% will be allocated to PaxDefender’s Service Fee, plus VAT at the legal rate in force.
5.2) Bank charges associated with international transfers, where applicable, will be deducted from the amount to be transferred to the Client.
5.3) PaxDefender undertakes to transfer the amounts due to the Customer within a maximum of 30 days of receipt of the compensation from the airline.
5.4) If the Customer does not provide the necessary bank details within six months of being notified to do so, the remaining amounts will revert to PaxDefender.
5.5) If the Customer receives payment directly from the airline, they must inform PaxDefender within five working days. In this case, the previously agreed Service Fee will apply and must be paid to PaxDefender.
6. RIGHT OF WITHDRAWAL
6.1) The Customer has the right to withdraw from the contract within 14 days, in accordance with current consumer protection legislation.
6.2) However, if compensation is paid to the Customer prior to the withdrawal request, the right of withdrawal may not be exercised.
7. TERMINATION OF CONTRACT
The contract between PaxDefender and the Customer may be terminated under the following circumstances:
7.1) After the conclusion of the complaint process, with the payment of compensation by the airline and the subsequent transfer of the amount due to the Customer.
7.2) If PaxDefender determines that the claim is unfounded or has no legal viability to proceed.
7.3) If the Customer violates any provisions of the Terms and Conditions or provides false information that undermines the good faith necessary for the performance of the contract.
8. FINAL PROVISIONS
8.1) PaxDefender reserves the right to make changes to these Terms and Conditions. Every effort will be made to inform Customers of any significant changes, using the contact details provided.
8.2) The contract and all matters arising from its application shall be governed by Portuguese law. Any dispute shall be resolved exclusively by the competent courts in Portugal.
8.3) If any provision of these Terms is held by a court or other competent authority to be invalid or ineffective, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
8.4) In the event of discrepancies between the translated versions of these Terms and the original Portuguese version, the Portuguese version shall always prevail as the official reference.
By using PaxDefender’s services, you are taking an important step towards guaranteeing your rights as an air passenger. We value your trust and are committed to providing an excellent service, ensuring that all arrangements are clear, fair and effective for everyone involved.