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Terms and Conditions EUclaim B.V.

General Terms and Conditions 2025

Effective from January 2025

Article 1: Definitions

1. Assignment: the transfer of a claim from a passenger to another party.

2. Claim: a claim of a Claimant based on Regulation (EC) No 261/2004, the Air Passenger Rights and Air Travel Organisers' Licensing Regulations 2019 (the APR Regulations), Regulation (EC) No 785/2004, Regulation (EC) No 889/2002, the Convention for the Unification of Certain Rules for International Carriage by Air of 1999 (the Montreal Convention), or a (credit card, travel and/or cancellation) insurance policy.

3. Claimant: any natural or legal person, as designated by the Client, who asserts a Claim.

4. Debtor: the party who owes a debt to the Claimant.

5. Yource: the private company with limited liability Yource B.V., established and having its registered office in Amsterdam, also trading under the names: Vlucht-vertraagd and Flight-delayed, etc.

6. Miss Casey: the private company with limited liability Miss Casey B.V., established and having its registered office in Arnhem.

7. 'No cure, no pay fee': costs for the Client and/or Claimant(s) that are dependent on the result achieved. If no positive result is achieved, no costs are in principle attached to the services performed on a No cure, no pay basis. This only applies where it has been expressly indicated as such.

8. Client: any natural person and/or legal entity, its representative(s), authorised agent(s), successor(s) in title and/or heir(s), who has entered into an Agreement with Yource or has given it an instruction, on behalf of the Claimant(s) designated by that person. The Client also includes the contact person.

9. Agreement: the Agreement to which the Client and/or Claimant commits after acceptance of these Terms.

10. Terms: these general terms and conditions.

Article 2: General

1. Where these Terms refer to 'insurance', this must (among other things) be understood to mean credit card, travel and cancellation insurance.

2. These Terms apply to, and form an integral part of, every offer, quotation and Agreement between Yource and the Client and/or Claimant(s), insofar as the parties have not expressly deviated from these Terms in writing.

3. These Terms apply to the exclusion of any other terms and conditions whatsoever. Terms and conditions to the contrary form part of the Agreements entered into with Yource only if and insofar as this has been expressly agreed in writing.

4. Yource is at all times authorised to amend these Terms, subject to the provisions of Article 6:236 under (i) of the Dutch Civil Code (BW). The Client will be notified of any significant amendments.

5. If one or more provisions of these Terms should prove to be null, voidable or

unenforceable, these Terms will otherwise remain in full force. Yource is authorised to replace the null, voidable or unenforceable provisions with provisions that are not null, voidable or unenforceable, respectively, and that deviate as little as possible, having regard to the purpose and tenor of these Terms, from the null, voided or unenforceable provision(s).

6. Insofar as Yource makes use of intermediary/intermediaries and/or third party/parties in performing the Agreement, these Terms shall also apply for the benefit of that intermediary/those intermediaries and/or third party/parties.

Article 3: Agreements

1. All offers, in whatever form they are made, are without obligation and merely constitute an invitation to enter into an Agreement, unless Yource states otherwise.

2. An Agreement is only established if and insofar as the Agreement has been confirmed by Yource to the Client by e-mail or otherwise in writing, or when Yource has performed the Agreement.

3. By entering into an Agreement with Yource, the Client declares that he/she is authorised to enter into this Agreement or to give the instruction on behalf of the (co-)Claimant(s) designated by him/her. The Client thus also warrants that he/she is authorised to submit the Claim to Yource on behalf of the Claimant(s) designated by him/her.

4. Yource is entitled, without stating reasons, not to enter into an Agreement or to refuse a Client and/or Claimant(s). Yource will notify the Client of this as soon as possible.

5. Yource reserves the right to withdraw part of, or the entire, Claim, or to dissolve the entire Agreement, on the basis of new insights, or where a circumstance arises that makes proper performance of the Agreement impossible and/or renders the relationship with the Client unworkable.

6. Yource reserves the right to perform any Agreement entered into on a No cure, no pay basis entirely at its own discretion, whereby a positive result is in no case guaranteed. Yource will at all times perform the Agreement to the best of its knowledge and ability, in accordance with the requirements of good professional practice. In addition, no rights can be derived from the information provided by Yource on or via its website.

7. If Yource agrees with the Client on a fixed fee (which deviates from the rates described in Article 5 of these Terms) or a fixed price, Yource is authorised to increase this fee and/or price at any time from three months after the conclusion of this Agreement. If a price increase results from a statutory obligation, Yource is also authorised to increase the agreed fee or price within this three-month period.

8. If the Client decides at any time to withdraw the instruction or to dissolve the Agreement after substantive work has already been carried out, or proceedings before the court have already been initiated by Yource or by one of the partners engaged by it, Yource is entitled to charge the Client and/or Claimant(s) the No cure, no pay fee, the administration costs (in accordance with Article 5 of these Terms), as well as the (actual) costs already incurred. Where legal proceedings have been initiated by Yource, '(actual) costs incurred' includes, among other things but not limited to, court registry fees, writ-service costs, other bailiff's costs, extrajudicial collection costs, the authorised representative's fee, the follow-up fee and other costs incurred. In the event of invoicing by Yource, the Client must pay the amount due within 14 days of the invoice date.

9. Yource will assess on a case-by-case basis how the Agreement is to be concluded. Yource works on the basis of a power of attorney granted by the Claimant, or on the basis of an assignment, whereby the Claimant's claim is transferred to Yource.

10. By entering into an Agreement with Yource, the Client authorises Yource to perform, (in the case of a power of attorney) in the name of the Claimant(s) designated by him, all (collection) actions that Yource considers necessary and/or useful, which may include (but are not limited to): entering into an amicable settlement, signing a final discharge, initiating legal proceedings and/or engaging a debt collection agency, another legal advisory firm, lawyer and/or bailiff. In the case of an assignment to Yource, Yource acts in its own name.

11. If and insofar as Yource considers this necessary for the successful handling of a Claim, Yource is authorised to transfer a Claim to a third party/parties and/or an intermediary, or to engage a third party/parties/intermediary for the handling thereof. If and insofar as Yource transfers a Claim to a third party/parties and/or an intermediary, or engages a third party/parties and/or an intermediary for the handling thereof, Yource retains responsibility, as agreed, for performance of the Agreement, except in cases where the Claimant(s) has/have given his/her/their consent to the transfer or engagement prior thereto.

12. Where desired or necessary, Yource will (temporarily) outsource a Claim based on Regulation (EC) No 785/2004, Regulation (EC) No 889/2002, the Montreal Convention and/or a (credit card, travel and/or cancellation) insurance policy to Miss Casey. Miss Casey will (temporarily) be responsible for handling this Claim in accordance with the rates set out in Article 5 of these Terms.

Article 4: Obligations of the Client

1. The Client is obliged to disclose or make available to Yource all necessary data and/or information, either in advance or (immediately) after submitting the Claim. The data and/or information must be provided completely and truthfully. This also includes reporting any staff discount received on the relevant flight ticket. Where the airline, insurer or credit card company has already paid out an amount or has announced that it will do so, this must also be stated when submitting the Claim, or as soon as possible after receipt of the amount/this notice. The Client and/or Claimant(s) will at all times give his/her full cooperation in order to achieve a successful settlement of the Claim.

2. The Client is responsible for providing Yource with a working e-mail address. Yource cannot in any way be held responsible for any inaccuracy in this information. All communication takes place via the online file, by telephone, by post, via chat, via social media, or via the e-mail address of the Client known to Yource.

3. The Client is responsible for providing the correct IBAN and BIC to which the (potential) collection proceeds can be paid. Yource cannot in any way be held responsible for any inaccuracy in this information.

4. Yource will immediately report to the police any knowing provision of incomplete or incorrect data/information, as well as any fraud whatsoever. In addition, the rate applied by Yource (as described in Articles 3.8 and 5 of these Terms) will be charged to the Client and/or Claimant(s).

5. The Client indemnifies Yource against all claims by third party/parties resulting from statements incorrectly made and/or data/information incorrectly provided by the Client, and/or acts performed fraudulently.

6. The Client and/or Claimant(s) will not contact or maintain contact with the airline, insurer and/or credit card company regarding the Claim submitted to Yource. Where the airline, insurer and/or

credit card company contacts the Client and/or Claimant(s) regarding the Claim submitted to Yource, this must be reported to Yource immediately.

7. The Client and/or Claimant(s) will not have his/her Claim handled elsewhere. If his/her Claim is already being handled elsewhere, the Client and/or Claimant(s) will immediately terminate that handling. Where Yource is compelled to discontinue the Claim as a result of the foregoing situation, Article 3(8) of these Terms applies accordingly.

Article 5: Rate

1. All amounts and/or prices of Yource are expressed in euros and include 21% turnover tax (VAT), unless expressly stated otherwise in writing.

2. The No cure, no pay fee for a Claim based on Regulation (EC) No 261/2004, the APR Regulations, Regulation (EC) No 785/2004, Regulation (EC) No 889/2002, the Montreal Convention or an insurance policy amounts to 31% of the full (claim) amount to which the Client and/or Claimant(s) is/are entitled, or of the amount paid out by the airline, see Article 7(4) of these Terms. The full No cure, no pay fee is charged to the Client where a (partial) payment has been made directly to the Client, Claimant(s), a (legal expenses) insurer or any other third party. The No cure, no pay fee is also payable where a situation as described in Article 3(8) of these Terms applies.

3. For the administrative work involved in a Claim based on Regulation (EC) No 261/2004 and/or the APR Regulations, in addition to the foregoing paragraph, €33 in file costs per Claimant will be charged to the Client.

4. For the administrative work involved in a Claim based on Regulation (EC) No 785/2004, Regulation (EC) No 889/2002, the Montreal Convention or an insurance policy, in addition to the foregoing paragraph, €33 in file costs per Claim will be charged to the Client.

5. As soon as Yource has accepted a Claim, an Agreement between Yource, the Client and the Claimant(s) has come into existence. From that moment on, Yource is entitled to charge the Debtor statutory interest and the (actual) costs it has incurred, which may include (but are not limited to): (extra)judicial (collection) costs, court registry fees, writ-service costs, bailiff's costs, the authorised representative's fee,

the follow-up fee and other costs incurred. In the event

of payment by the Debtor, these costs accrue entirely to Yource. Where the Client and/or Claimant(s) decide(s) to withdraw the Claim, thereby dissolving the Agreement between Yource, the Client and the Claimant(s), Yource is entitled to charge the Client and/or Claimant(s) the costs just described (in addition to the rates referred to in paragraphs 2, 3 and 4).

6. All banking and/or transaction costs associated with international payments of amounts due to the Client and/or Claimant(s) will be passed on to the Client and/or Claimant(s).

7. All costs associated with cashing a cheque for amounts due to the Client and/or Claimant(s) will be passed on to the Client and/or Claimant(s).

Article 6: Payment and funds received

1. Yource is entitled to suspend or dissolve performance of the Agreement and any related agreement(s) if the Client and/or Claimant(s) is/are in default of any payment or any obligation resting on it/them.

2. Payments by the Debtor, made either to Yource or directly to the Client and/or Claimant(s), a (legal expenses) insurer or a third party, are considered collection proceeds. The following must first be paid from these proceeds: the No cure, no pay fee, the file costs, (extra)judicial (collection) costs, statutory interest, court registry fees, writ-service costs, bailiff's costs, the authorised representative's fee, the follow-up fee and other (actual) costs incurred. These funds accrue directly and entirely to Yource.

3. Payments based on Regulation (EC) No 261/2004, the APR Regulations, Regulation (EC) No 785/2004, Regulation (EC) No 889/2002, the Montreal Convention or an insurance policy, made by the Debtor directly to the Client and/or Claimant(s) or to a (legal expenses) insurer or third party, must be reported to Yource immediately. Payment may be deemed to include, among other things, payment by cheque, a credit to a credit card, a bank transfer to an IBAN, receipt of (travel) vouchers and/or cash. Within 7 days of receipt of the funds by the Client, Claimant(s), (legal expenses) insurer or third party, the No cure, no pay fee, any file costs, as well as the statutory interest claimed by Yource and the (actual) costs incurred, namely: (extrajudicial collection) costs, writ-service costs, (other) bailiff's costs, court registry fees, the authorised representative's fee, the follow-up fee and other (actual) costs incurred, must be paid to Yource. Where the Client and/or Claimant(s) remain(s) in default in this regard, Yource will pass on to the Client and/or Claimant(s) all costs, including the costs associated with obtaining the payments referred to in the first sentence of this paragraph.

4. If the Debtor offers the Client and/or Claimant(s), a (legal expenses) insurer or a third party compensation in kind, for example in the form of tickets or vouchers, the Client and/or Claimant(s), (legal expenses) insurer or third party is free to accept this (subject to what is provided in the next paragraph of this Article), except where legal proceedings have already been initiated. The Client and/or Claimant(s) must notify Yource immediately after accepting this. In such a case, the Client and/or Claimant(s) is obliged to pay Yource the fee due, as stated in Article 5 of these Terms. Article 3.8 of these Terms applies accordingly.

5. Where Yource has already initiated legal proceedings in the name of the Client and/or Claimant(s), it is not possible for the Client and/or Claimant(s) to withdraw the Claim free of charge, dissolve the Agreement, or accept a settlement offer from the Debtor. If the Client and/or Claimant(s), without express prior written consent, chooses to accept a (settlement) offer, dissolve the Agreement or withdraw a Claim, the Client and/or Claimant(s) owes Yource the fee stated in Article 5 of these Terms. Article 3.8 of these Terms applies accordingly.

6. If the Client and/or Claimant(s) is/are in default with any payment owed to Yource, Yource will charge the Client and/or Claimant(s) all costs associated with obtaining that payment.

7. The amounts intended for the Client and/or Claimant(s) – where traceable – will, subject to the provisions of Articles 5 and 6 of these Terms, in principle be paid out to the Client within 30 days of receipt of the Client's and/or Claimant(s)' bank details and payment by the Debtor. Payments are made to the IBAN known to Yource.

8. If Yource has mistakenly paid the Client too much, the Client must

repay this to Yource without delay. The amount overpaid by Yource must be regarded as an undue payment within the meaning of Article 6:203 of the Dutch Civil Code (BW).

9. The amount intended for the Client and/or Claimant(s) will be held in Yource's passenger funds account for one year. This year commences once the Client has been informed, at the Client's e-mail address known to Yource, of the amount collected on his/her (and/or the Claimant's(s')) behalf. Upon expiry of this year, the right of the Client and/or Claimant(s) to obtain this amount lapses.

Article 7: File access and proceedings

1. Only the Client has the right to access the file, which includes:

  •   Access to the data and documents provided by the Client and/or Claimant(s);
  •   Access to correspondence between the Client and/or Claimant(s) and Yource, as well as correspondence between Yource and the Debtor, insofar as this relates solely to the Claim submitted by him/her.

2. With regard to legal proceedings that have been initiated, Yource is entitled to conduct these on the merits and at its own discretion, or to reach settlements. (Draft) court documents will not be provided, in view of possible confidential (personal or business) information.

3. Yource is free to submit a request for enforcement to the competent national regulator. If this request is rejected, or the regulator refuses to cooperate in any way, Yource is free to initiate administrative (legal) proceedings, as well as to withdraw the relevant Claim and discontinue further handling of it.

4. If Yource does not consider it opportune to initiate or continue legal proceedings due to new insights, new information or other circumstances, it is authorised to withdraw or terminate the Claim, or to reach an amicable settlement for an amount lower than the amount to which the Client and/or Claimant(s) is/are entitled under Regulation (EC) No 261/2004, the APR Regulations, Regulation (EC) No 785/2004, Regulation (EC) No 889/2002, the Montreal Convention or an insurance policy. The provisions of Articles 5 and 6 of these Terms remain in full force. Yource will not initiate legal proceedings if the (remaining) amount is less than €150. If it becomes apparent during the handling of the claim that the remaining amount has become less than €150, Yource is entitled to withdraw the claim.

Article 8: Personal data

1. In the context of performing the Agreement, Yource processes the (personal) data provided by the Client. Yource complies with the provisions of privacy legislation, including the General Data Protection Regulation (GDPR).

2. Yource will not disclose (personal) data to third parties without separate consent, except and insofar as this is necessary for the performance of the Agreement. The foregoing means that the necessary personal data will also be shared with the companies affiliated with Yource and (cooperation) partners.

3. At the request of the Client and/or Claimant(s), Yource will delete the personal data from its database. Only the Client can (have) adjust(ed) and (have) amend(ed) (online) data (on behalf of the Claimant(s)). On request, Yource will provide an overview of the data of the Client and/or Claimant(s) known to Yource.

4. For a comprehensive overview of Yource's approach to personal data, see Yource's privacy statement.

Article 9: Intellectual property

1. Yource reserves all rights and powers to which it is entitled under the Copyright Act and (other) laws and regulations in the field of intellectual property. Yource has the right to also use the knowledge acquired through the performance of an Agreement for other purposes, if and insofar as no strictly confidential information of the Client is thereby disclosed to third parties.

2. The Client and/or Claimant(s) is/are not permitted to use and/or process letters or (legal) documents drawn up by Yource without Yource's prior written consent.

Article 10: Liability and indemnification

1. If Yource should be liable in any way, such liability is limited to what is provided in this Article.

2. If and insofar as Yource should attributably fail, or has failed, to perform an obligation entered into, Yource is never liable for the

(potential) (in)direct damage suffered or yet to be suffered by the Client, Claimant(s) and/or third

party/parties. Indirect damage includes, among other things but not limited to, consequential damage, non-material damage, business damage, loss of orders and loss of profit.

3. Yource's liability can relate to direct damage only, at most, and never exceeds the amount (including VAT) to which the Client and/or Claimant(s) is/are entitled under Regulation (EC) No 261/2004, the APR Regulations, Regulation (EC) No 785/2004, Regulation (EC) No 889/2002, the Montreal Convention or an insurance policy, subject to Article 5 of these Terms.

4. The provisions of the preceding paragraphs are without prejudice to any liability of Yource under mandatory statutory provisions.

5. Yource is in no way liable for missing or incorrect data that were, or should have been, provided by the Client (see Article 4 of these Terms).

6. The Client and/or Claimant(s) indemnifies/indemnify Yource against any claims by third party/parties who suffer damage in connection with the performance of the Agreement.

7. If Yource should be held liable by third party/parties on that basis, the Client and/or Claimant(s) is/are obliged to assist Yource both out of court and in legal proceedings, and to promptly do everything that may be expected of the Client and/or Claimant(s) in that case. Should the Client and/or Claimant(s) fail to take adequate measures, Yource is entitled, without notice of default, to take such measures itself. All costs and any damage suffered by Yource, the intermediary/intermediaries and third party/parties resulting therefrom are entirely for the account and risk of the Client and/or Claimant(s).

8. Untimely performance of the Agreement by Yource does not give the Client and/or Claimant(s) any right to compensation or any right to suspend any obligation towards Yource.

9. Yource is never liable for any administrative error(s) made by it, its partner(s) or a third party engaged by it. It reserves the right to correct such administrative error(s).

Article 11: Force majeure

1. Yource is not obliged to perform any obligation towards the Client and/or Claimant(s) if it is prevented from doing so as a result of a circumstance that is not attributable to its fault, and that is not for its account under the law, a legal act or generally accepted standards.

2. Force majeure is understood to mean, in addition to what is understood as such under law and case law, all external causes, foreseen or unforeseen, over which Yource cannot or could not exercise any actual influence, but as a result of which Yource is unable to fulfil its obligations towards the Client and/or Claimant(s). Yource also has the right to invoke force majeure if the circumstance prevents (further) performance of the Agreement after Yource should have fulfilled its obligation.

3. Yource may suspend its obligations under the Agreement for as long as the force majeure situation continues.

4. If, at the time the force majeure situation arises, Yource has already (partially) performed its obligations under the Agreement or will be able to perform them, and independent value can be attributed to the part performed or yet to be performed, Yource is entitled to invoice separately for the part already performed or yet to be performed.

Article 12: Lapse

1. By way of derogation from the statutory limitation periods, the lapse period for all claims against Yource and the third party/parties involved by Yource in the performance of an Agreement is one (1) year (see also Article 6(11) of these Terms).

Article 13: Applicable law/disputes

1. All Agreements entered into with Yource and these Terms are governed exclusively by Dutch law.

2. Any disputes with Yource will be submitted exclusively to the competent Dutch court in Amsterdam.

All Terms and Conditions