General Terms and Conditions

These General Terms and Conditions (“T&C”) govern the use of the TravelCare product (“TravelCare”), offered by UAB Skycop.com (legal entity code 304423851, registered address at Dariaus ir Girėno St. 21A, Vilnius, Republic of Lithuania) (“Skycop”). By purchasing or using TravelCare, you (“Client” or “you”) agree to be bound by these T&C.

TravelCare is not a separate legal entity or insurance product, it is a service layer offered by Skycop to provide proactive travel protection, accessible via the website https://travelwithcare.io (“Website”). All claims related to flight disruptions must be submitted and processed through Skycop’s platform at https://www.skycop.com (the “Skycop Platform”). Skycop handles all claims, legal proceedings, and related services. Collinson Service Solutions Limited, legal entity code 02474708, registered address at Cutlers Exchange, 123 Houndsditch, London, EC3A 7BU (“Collinson Service Solutions Limited”), provides the SmartDelay service on behalf of Skycop and is subject to separate terms and conditions available at SmartDelay Terms and Conditions on TravelCare website.

For clarity, any references to “claims” or “compensation” in these T&C refer to processes managed exclusively by Skycop.

Unless the context requires otherwise, capitalized terms used in these T&C shall have the meanings indicated below.

Definitions

  • Agreement: The agreement between the Client and Skycop, concluded after the Client accepts these T&C, which may be signed electronically or in writing. Under the Agreement, the Client assigns to Skycop full ownership and legal title to any monetary claim pursuant to Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 (establishing common rules on compensation and assistance to passengers in the event of denied boarding, cancellation, or long delay of flights, and repealing Regulation (EEC) No 295/91) or under any other applicable international or national regulation (e.g., UK261, SHY Passenger in Turkey, ANAC in Brazil, or equivalent), including all related amounts, taxes, and other sums when passengers are unable to fly or their flight is disrupted, and any monetary compensation for lost, delayed, or damaged baggage (“Assignment”). Only where the Assignment agreement (form) cannot be considered valid in the particular jurisdiction (country) or when the parties agree on the provision of services by a separate agreement, the Agreement concluded between the Client and Skycop shall be considered as a contract for services according to which Skycop administers Client‘s Assignment and undertakes to organize and finance the collection of the Assignment and to execute all other actions in relation to the Agreement. In order to make application and interpretation of T&C‘s easier, definition of the Agreement combines the assignment agreement and agreement on provision of services, and legal relationship of the assignment and provision of services are referred to as services, unless it is clearly stated otherwise.
  • Claim: Any claim against a flight operating carrier (airline) for monetary compensation pursuant to the Flight Compensation Regulation.
  • Client: A person who has purchased TravelCare Membership, accepted these T&C, and is seeking Flight Compensation or other benefits.
  • Electronic Identification Regulation: Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.
  • Flight Compensation: The total amount paid by a flight operating carrier in relation to a Claim as compensation, settlement, or gesture of goodwill, including additional expenses compensated at the carrier’s discretion after the Client has accepted these T&C. This does not include legal fees, court costs, collection costs, interest, penalties, or similar expenses, which are borne by Skycop during the collection process.
  • Flight Compensation Regulation: Regulation (EC) No 261/2004, as well as any other applicable international or national regulation establishing rules on compensation and assistance to passengers in the event of denied boarding, cancellation, or long delay of flights, including baggage-related compensation.
  • Legal Proceedings: The process where Skycop submits the Claim to a court, alternative dispute resolution institutions, aviation regulatory agencies, consumer protection agencies and/or governmental bodies, or handling over the Claim to a contracted legal representative, such as an attorney or law firm.
  • Price List: Annex No. 1 to these T&C, specifying TravelCare Membership pricing and any applicable fees.
  • Privacy and Data Protection Requirements: All applicable laws and regulations relating to the processing of personal data and privacy, including guidance and codes of practice issued by relevant supervisory authorities, and the equivalent of any of the foregoing in any relevant jurisdiction (whether mandatory or not).
  • SmartDelay: A service provided by Collinson Service Solutions Limited on behalf of Skycop as part of TravelCare benefits, offering complimentary airport lounge access for eligible flight delays, subject to separate terms and conditions available at SmartDelay Terms and Conditions on TravelCare website.
  • TravelCare Membership: A subscription or per-booking service purchased by the Client, making them a Member entitled to benefits, as detailed in Section 2 below.

The aforementioned definitions shall be used upon concluding and performing any document or transaction connected with T&C.

TravelCare Membership Terms and Conditions

TravelCare Membership provides proactive protection for flight disruptions and access to SmartDelay lounge services (subject to eligibility criteria). By purchasing TravelCare, the Client becomes a Member and enjoys the benefits specified on the Website’s Benefits section.

2.1. A Client can join TravelCare Membership by purchasing it via the Website.

2.2. TravelCare Membership prices are provided at the time of purchase on the Website’s Pricing section. Payment must be made using the specified methods to become a TravelCare member.

2.3. Skycop offers TravelCare Membership as: (i) a per-booking subscription; (ii) a monthly, quarterly, semi-annual, or annual subscription; or (iii) a family subscription covering up to five people. Membership covers Claims and SmartDelay lounge access originating from the booking or period for which it was purchased.

2.4. TravelCare Membership commences on the day of purchase. TravelCare Membership as a monthly, yearly, semi-yearly or quarterly subscription will respectively be billed monthly, yearly, semi-yearly or quarterly, and shall be automatically renewed for one month, one year, six months or three months thereafter until and unless the member cancels TravelCare Membership. Cancelled subscription will remain active for the duration of the period for which the TravelCare member has paid. If the TravelCare member purchases TravelCare Membership for other persons or the family subscription, one invoice will be issued to the member only, and only the TravelCare member will be charged for the TravelCare Membership and their automatic renewal. In the case of the family subscription, the family subscription organiser will be responsible for the payment and subscription organisation, such as adding and removing members, renewal and cancellation of the subscription.

2.5. Upon purchase, the TravelCare member receives a confirmation email.

2.6. For Members, Skycop waives its remuneration (if applicable) for pursuing Claims and recovering Flight Compensation covered by TravelCare Membership. Claims must be submitted via the Skycop Platform.

2.7. Benefits are personal and apply only to the TravelCare member (or covered passengers in the same booking, up to the plan limit). The TravelCare member must be named as a passenger.

2.8. Remuneration is not refunded for flights disrupted before TravelCare Membership commencement.

2.9. TravelCare Membership is non-transferable. Notify Skycop at support@skycop.com of any unauthorized use.

2.10. Prices are not refunded if no disruption occurs, services are unused, or compensation is not recovered.

2.11. The Travelcare member shall file the Claim to Skycop within 12 months from the moment of the flight for which TravelCare Membership was purchased. TravelCare Membership expires after 12 months from the flight for which Skycop Care Membership was purchased.

2.12. Upon cancellation or expiration, Skycop no longer waives remuneration, and access to SmartDelay will cease.

2.13. Skycop reserves the right to refuse TravelCare Membership.

2.14. When filing a Claim, provide proof of TravelCare Membership (e.g., confirmation email).

2.15. TravelCare must be activated at least 24 hours before departure. Claims are submitted post-flight via the Skycop Platform, where TravelCare purchases are automatically recognized.

2.16. To access SmartDelay, TravelCare members must register their flight at least 2 hours before the scheduled departure time, as specified in the SmartDelay Terms and Conditions. SmartDelay is subject to availability and eligibility criteria managed by Collinson Service Solutions Limited. The SmartDelay service is provided free of charge to TravelCare members.

2.17. Personal data provided via the TravelCare Website is collected and processed in accordance with the TravelCare Privacy Policy. In the event of a service being triggered (e.g. flight disruption claims), such data will subsequently be processed under Skycop’s Privacy Policy. For the SmartDelay service specifically, personal data is also processed by Collinson Service Solutions Limited in accordance with the SmartDelay Privacy Policy.

2.18. TravelCare benefits do not guarantee compensation, eligibility depends on applicable regulations. Skycop manages eligible Claims at no extra cost, including Legal Proceedings if needed.

Entering into the Agreement

3.1. By purchasing TravelCare Membership and submitting the Claim via the Skycop Platform, the Client authorizes Skycop to evaluate the eligibility of the Claim for Flight Compensation or to provide other TravelCare benefits, such as SmartDelay lounge access.

3.2. Skycop uses online authentication service for advanced electronic signatures complying with requirements set forth in Article 26 of the Electronic Identification Regulation that is internationally recognised and accepted even by courts, so the Client does not have to print, sign and return the Agreement by registered mail.

3.3. By signing the Agreement and agreeing with T&C the Client confirms that he (she) will not maintain any direct contact or accept the payment from an operating carrier.

3.4. Skycop evaluates Claims submitted via the Skycop Platform and decides whether to accept them or reject them based on eligibility, however, the result of such assessment does not include any binding statement and does not guarantee successful enforcement of the Claim. If, after assessing the merits of the Claim, the legal representative considers that pursuit of the Claim during Legal Proceedings is unlikely to succeed, the Client will be informed and Skycop will pursue the Claim no further. Such notification of the Client shall mean that the collection of the Flight Compensation has ended and full ownership and legal title to the Assignment is automatically returned to the Client without conclusion of additional agreements. For SmartDelay, eligibility is determined by Collinson Service Solutions Limited in accordance with the SmartDelay SmartDelayTerms and Conditions.

3.5. If the Claim is accepted, Skycop pursues the Claim out-of-court or via Legal Proceedings (at Skycop’s discretion), covering all costs. The Client acknowledges that the Claim handling may take considerable time and that Skycop cannot influence how quickly the Claim can be asserted. Skycop has sole discretion to accept and/or reject any settlement offer in accordance with experience with the respective flight operating carrier. The Agreement is considered as sufficient legal ground for such discretion to be effective.

3.6. During Legal Proceedings, the legal representative of Skycop shall be granted access to all data provided by the Client to Skycop in order to pursue the Claim. If third parties require any additional documents proving the powers of the legal representative, the Client, with the guidance of Skycop, shall immediately provide to the legal representative with any of such documents. If, for the successful recovery of the Flight Compensation, it is necessary that the Claim is submitted by the legal representative (e.g. attorney at law) on the Client’s behalf, the Client will sign a respective agreement with the legal representative, and the Client’s monetary claim will be assigned back to the Client from the moment of conclusion of the respective agreement with the legal representative. In such case, the Client and Skycop will settle between each other according to the terms and conditions specified in these T&C and (or) other agreement concluded by and between the Client and Skycop.

3.7. Skycop shall be entitled to accept only Flight Compensation, and no travel vouchers and/or other services that may be offered by the flight operating carrier are accepted. Skycop pays the Client the recovered Flight Compensation upon recovery.

3.8. The Client confirms and declares that T&C are a direct proof and expression of true will and to be respected by flight operating carriers. The Client agrees with Skycop that all Flight Compensation payments made by operating carriers under Skycop‘s Claims should be made directly to the bank accounts owned by Skycop or other bank accounts as agreed by Skycop and the Client.

3.9. If the Claim is unsuccessful, no fees are charged to the Client, but TravelCare Membership fees remain non-refundable.

Cooperation by the Client

4.1. The Client undertakes to provide Skycop with all the data and documents that are required for processing the Claim. The Client warrants that data and information provided by the Client to Skycop in relation to the Claim is correct, complete, true and not misleading. The Client shall keep Skycop indemnified for any claims which arose due to incorrect information provided by the Client and/or lack of cooperation or improper cooperation by the Client.

4.2. By entering into an Agreement, the Client confirms that he (she) is authorized and has legal capacity to sign documents binding both Skycop and the Client or, if applicable, has a right to sign on behalf of another person (e.g. a child).

4.3. The Client warrants that the Assignment of Flight Compensation has not been assigned to third parties and no other agreement was concluded in relation to the Compensation, and no legal dispute is pending or expected between the Client and the flight operating carrier on the same matter. The Client understands that by making Assignment he/she may not conclude the same and/or any similar agreement, including companies competing with Skycop, take legal action in relation to collection of the Flight Compensation.

4.4. For SmartDelay lounge acces, the client shall provide accurate flight details at least 2 hours before scheduled departure, as required by Collinson Service Solutions Limited, and comply with the SmartDelay Terms and Conditions.

4.5. If the Client receives any payment or any other type of the Flight Compensation, e.g. flight voucher, from the flight operating carrier after engaging Skycop’s services, the Client is obligated to inform Skycop immediately.

Remuneration and Payments

5.1. Skycop pursues the Claim free of charge. Provided that the Claim is successful and the Flight Compensation is received, the full Flight Compensation amount is paid to the Client.

5.2. If the Client fraudulently provides incorrect or incomplete data and Skycop incurs additional costs due to that, the Client shall reimburse such costs to Skycop.

5.3. If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to Skycop, Skycop is entitled to deduct all additional costs incurred by Skycop. If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and (or) it is returned to Skycop, and the Client, after reminders and reasonable endeavors from Skycop to contact the Client by means provided by the Client to Skycop, does not amend or provide information needed to pay the Flight Compensation, Skycop is entitled to keep the Flight Compensation that otherwise should have been paid to the Client.

5.4. For the accounts in the Single Euro Payments Area (SEPA), all payments will be sent to the account via bank transfer. When making an international transfer to the Client, all bank fees are deducted from the Flight Compensation.

5.5. To save banking costs, in case of shared booking or in other cases (e.g., parents get paid for children), Skycop shall transfer all payments to a single account if the Client permits Skycop to do so or one account is specified while submitting data to Skycop. A person, which received money for other persons, is obliged to settle with them, and, in such case, Skycop does not take the risk of non-payment.

5.6. Skycop shall not be liable for any checks, prepaid debit cards, credit cards and similar means which are lost by the Client as well as for any effect of the Client giving wrong bank account information.

5.7. When it is mandatory, Skycop shall provide an electronic invoice or another document via email.

5.8. Skycop shall not be liable for any failure to pay the agreed Flight Compensation due to circumstances which are beyond its reasonable control, including, but not limited to strike, lock-out, labour dispute, act of God, war, riot, compliance with a law or governmental order, rule, regulation, etc.

5.9. Flight Compensation and any other payments will be made by Skycop only to final beneficiaries with the right to claim Flight Compensation. Skycop shall not pay Flight Compensation and (or) any other payments to intermediaries, agencies, representatives and (or) other third parties which, together with the request for payment of the Flight Compensation do not provide any specific written proof clearly and unambiguously confirming the authority to accept payments on behalf of the final beneficiary. In case of any doubt regarding the right to receive payments, Skycop has the right to request additional proof confirming the right to accept payments on behalf of the final beneficiaries and (or) unilaterally refuse to pay the Flight Compensation directly to such person.

Termination

6.1. Skycop may terminate the Agreement immediately for material breach of the Agreement by the Client. In this case, the Client shall be refunded the portion of the fee paid for the Membership, proportional to the period remaining until the expiration of the Membership, after deducting the reasonable direct losses incurred by the Skycop due to non-compliance with the Agreement.

6.2. Members who are considered consumers under the EU consumer laws and who have purchased their Membership remotely may withdraw from their Membership within 14 days of the date of purchase without giving any reason. To exercise the right of withdrawal and receive a full refund, the withdrawal must be notified within 14 days from the date of purchase and clearly stated that the Member wishes to withdraw from TravelCare Membership. The withdrawal notice may be sent to: support@skycop.com. If the Member travelled on any flight related to the Membership that was disrupted and for which the Member contacted Skycop, the Member can no longer cancel the Skycop Care Membership under the procedure set out in this section.

6.3. After more than 14 days after the purchase of TravelCare Membership, the Member has the right to cancel the Membership, but the Member will not be entitled to a refund of the TravelCare Membership price. This shall be considered a Membership termination fee, and such Membership termination fee shall be regarded as agreed in advance compensation for direct losses and necessary expenses incurred by Skycop due to the termination of the Membership before its expiry. 

Final Provisions

7.1. Skycop has the right to change the T&C or to provide additional T&C at any time for important reasons, such as: information systems and/or technological improvements, changes in legislation, in order to clarify, amend or improve the T&C.

7.2. Each Client will be notified of the T&C changes applicable to the Client by posting them on Skycop website as well as by notifying the Client by email and/or providing the information in the Client’s account.

7.3. Changes of the T&C applicable to Client will come into effect not earlier than 7 calendar days after the Client has been duly informed of the changes to the T&C. If the Client does not agree with the changes to the T&C, he has the right to terminate the contract by informing Skycop by email within the period specified in this clause.

7.4. The laws of the Republic of Lithuania apply to the T&C, the Agreement and/or any other document concluded in relation to the T&C and the Agreement, except if otherwise agreed in the specific document. The SmartDelay service is governed by English law, as detailed in the SmartDelay Terms and Conditions. The Client (consumer) is also entitled to claim protection under mandatory provisions provided by the laws of the country where the Client (consumer) resides.

7.5. Skycop will use the Client’s and, if applicable, its employees’ personal data exclusively for enforcing the Claim. Any and all information regarding the extent and form of data collection, storage and usage of personal data can be found in Skycop’s Privacy Policy.

7.6. In the case the Client is a legal entity, it warrants and represents that:

– the personal data provided by such to Skycop has been collected and is to be provided to Skycop at all times in accordance with the Privacy and Data Protection Requirements;

– for the purposes of this Agreement, Skycop is the data controller.

– for the purposes of the SmartDelay service, Collinson Service Solutions Limited shall act as an independent data controller. Customer personal data will be shared with Collinson strictly on the basis of this Agreement and only to the extent necessary for the provision of the SmartDelay service.

7.7. Any dispute, controversy or claim, arising out of or relating to the T&C, its breach, termination or validity shall be finally settled in the respective court of the Republic of Lithuania subject to the rules of jurisdiction unless mandatory provisions of law specify otherwise. Disputes related to SmartDelay service shall be governed by the SmartDelay Terms and Conditions and resolved under English law in the exclusive jurisdiction of English courts.

7.8. If any provision of T&C is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the other provisions of T&C will remain in full force and effect. Any provision of T&C held to be illegal, invalid or unenforceable only in part, or to a certain degree, will remain in full force and effect to the extent that it is not held illegal, invalid or unenforceable. Skycop will amend T&C by replacing such illegal, invalid or unenforceable provisions with legal, valid and enforceable provisions that would produce the result as close as possible to the intentions of Skycop and the Client. Skycop will put all their best efforts into ensuring the implementation of all the provisions hereof.

7.9. In case of discrepancies of the English version of T&C and any other language, the English text shall prevail.

Annex No. 1 – Price List

Pricing is published on the Website’s Pricing section. For Members, remuneration is waived; non-Members pay per Skycop’s standard rates on the Skycop Platform.

Contact: For questions, contact support@skycop.com. For SmartDelay-specific inquiries, refer to the SmartDelay Terms and Conditions and/or contact customerservice@collinsongroup.smartdelay.com

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