1. General Provisions
1.1 These terms and conditions apply to any agreement entered into between Lambert Lawyers and the client
regarding a claim related to a dispute with an airline.
1.2 The client grants Lambert Avocats the use of all his personal information in accordance with
his privacy policy, for the purposes of processing his file.
1.3 The client acknowledges that it is responsible for ensuring that it collaborates effectively with Lambert Lawyers
and Lambert Lawyers cannot be held responsible for the client's negligence in taking cognizance
of the communications transmitted.
2. Contractual obligations of the customer
2.1 The client mandates Lambert Avocats, by way of power of attorney, to exercise on its behalf any recourse or
negotiation useful for obtaining compensation.
2.2 The customer certifies that all information transmitted is true and complete.
2.3 The customer must disclose any previous communications with the airline, including any offers
or compensation received.
2.4 The client undertakes to comply with Lambert Avocats' instructions and to submit his request within the
prescribed deadlines.
2.5 During the mandate, any communication with the airline must be avoided by the customer, unless
previously authorized in writing. Lambert Avocats declines all liability arising from unauthorized
communications.
3. Scope of application
3.1 Lambert Lawyers offers services in order to obtain compensation following a delayed,
cancelled or overbooked flight in the case of denied boarding, all in accordance with the relevant
legislation including, but not limited to, the Air Passenger Protection Regulations.
3.2 Lambert Lawyers offers services for the purpose of obtaining compensation for destroyed,
lost, damaged or delayed baggage, all in accordance with the relevant legislation, including, but not limited to,
the Montreal Convention.
3.3 Lambert Lawyers offers the services for the purpose of obtaining compensation for all damages
resulting from a delayed or cancelled flight, all under the relevant legislation including, but not
limited to, the Montreal Convention.
4. Procedures
4.1 Lambert Avocats alone determines the strategy for processing the request, based on the documents and
evidence provided by the client, without this constituting a guarantee of result.
4.2 In the event of inaction by the airline or refusal to pay compensation, Lambert Avocats may, at
its sole discretion, initiate or not initiate judicial or extrajudicial proceedings.
4.3 Lambert Lawyers reserves the right to cease proceedings or refuse to initiate proceedings at
any stage of the process if it deems it necessary in the circumstances.
4.4 It is the responsibility of the client to submit their request within the legal deadlines. Lambert Avocats
assumes no responsibility in the event of a statute of limitations related to a period of time that has expired between the receipt and the processing of the
file.
5. Time limits
5.1 The customer understands that relatively short limitation periods apply to the exercise of its
rights against the airline. It is the responsibility of the applicant to file its application within the time limits provided for by
law, failing which its appeal may be declared inadmissible.
5.2 The customer must file a request with the airline before the first anniversary of
the delay or cancellation or denied boarding in accordance with the Air Passenger Protection
Regulations.
5.3 The customer must make a declaration to an agent of the airline at the airport, on the day
of the discovery of the destroyed, damaged, lost or delayed baggage.
5.4 The customer must submit a claim to the airline within 7 days of the discovery
of the destroyed or damaged baggage, within 21 days from the date of the flight for the delayed baggage and within 7
days after the airline's announcement that the baggage is lost or after the 21-day
period during which the baggage is still considered delayed, has elapsed, all as prescribed by the
Montreal Convention.
5.5 An action for liability must be brought, on pain of forfeiture, within two years of
the arrival at destination or the day on which the aircraft should have arrived, or of the cessation of carriage,
under the Montreal Convention. Limitation periods may vary depending on the jurisdiction and
applicable legislation.
5.6 By accepting these terms and conditions, the client acknowledges that he or she has been informed of the legal deadlines applicable to his or her request
and assumes full responsibility for compliance with them.
5.7 The client must contact Lambert Avocats sufficiently in advance to ensure that his file is
processed within the prescribed deadlines.
5.8 Lambert Avocats excludes its liability arising from a forfeiture related to the limitation period due to the
delay between the date of receipt of the request by Lambert Avocats and the date of processing of the client's
request by Lambert Avocats.
6. Applicable fees
6.1 For the purposes of the airline application process, there is no advance fee for
the services provided.
6.2 The client agrees to pay Lambert Avocats 25% plus taxes of any compensation paid following the
submission of the application to the airline.
6.3 The client acknowledges that in the event of a judicial or quasi-judicial process, the client must pay
Lambert Avocats 35% plus taxes of any amount obtained after the commencement of the judicial or quasi-judicial
action. In this case, a new mandate and fee agreement may be necessary to better
reflect the parties' intentions.
6.4 Any amount received following the filing of the application by Lambert Lawyers with the airline is
received through the service of Lambert Lawyers, even in the case of interventions independent of the client.
6.5 Any additional amount awarded by a court, such as interest, shall accrue to Lambert Lawyers unless
otherwise specified in writing.
6.6 If an offer in non-monetary form is made after the start of the process, the customer may
not accept it without written permission. In the event of acceptance after the initiation of legal proceedings, a
fee corresponding to $500 may be charged.
7. Payment
7.1 Amounts received by Lambert Lawyers on behalf of the client will be transferred within a reasonable period of time.
7.2 If the compensation is paid directly to the client, the latter undertakes to pay the amounts due to
Lambert Avocats within a maximum period of 30 days following receipt of the invoice.
7.3 Lambert Avocats declines all responsibility for delays related to inaccurate bank data or contact details
provided by the client. Foreign bank charges are the responsibility of the customer.
8. Late payment
8.1 If the client fails to inform Lambert Lawyers of any payment received, the services provided will be invoiced
at the hourly rate of $325 plus taxes, in addition to any disbursements incurred.
8.2 In the event of late payment, Lambert Lawyers may claim the costs and sums incurred in
obtaining said payment, in particular by billing the hours at a rate of $325 plus taxes.
9. End of contract
9.1 This contract remains in force until Lambert Avocats sends a written
notification indicating the closure of the file, whether the request has been settled or the client himself has requested its
closure.
9.2 Lambert Lawyers reserves the right to terminate the mandate, if it deems it necessary in the
circumstances, regardless of the stage of progress of the case.
9.3 The customer may terminate the contract at any time. In this case, the employee will have to pay all costs incurred
to date, invoiced at an hourly rate of $325 plus taxes.
10. Applicable law
10.1 These terms and conditions are subject to Quebec law. Any dispute will be brought before the courts
of the judicial district of Montreal.
10.2 The contract is deemed to have been accepted and concluded in Montreal.
11. Severability clause
11.1 If any of the clauses is declared invalid under any applicable law, it shall be deemed unwritten
, without affecting the validity of the remaining provisions.
12. Coming into force
12.1 These Terms and Conditions shall be effective and binding upon the Customer's acceptance of the
Terms and Conditions and the submission of the Documents through the volannule.ca
Appendix – Definitions
Lambert Avocats : Business partnerships under the Business Corporations Act (CQLR, C.
S-31.1) and also governed by the Act respecting the Barreau du Québec. The head office is located at 1200 McGill College Avenue
, Suite 1800, Montreal, Quebec H3B 4G7.
Client : Lambert Avocats' client is the passenger who makes a request to the
airline.
Contract : The agreement entered into between the client and Lambert Avocats to allow Lambert
Avocats to obtain a power of attorney to represent the client. Through this contract, the client entrusts Lambert
Avocats with the mandate to obtain and collect any amount of compensation resulting from the application at the agreed costs and
fees.
Montreal Convention : Convention for the Unification of Certain Rules for International Carriage by
Air (1999).
Claim : Any claim for compensation made by the customer to the
airline in connection with denied boarding, lost, damaged or delayed baggage, delayed or
cancelled flight, and damages incurred as a result of such delay.
Extrajudicial procedure : A set of steps taken before any legal recourse,
including the drafting of letters of request, communications with the airline and attempts
at voluntary resolution.
Legal proceedings : Proceedings brought before the competent court in order to obtain any
amount of compensation including, but not limited to, the sums that may be collected by negotiation
or amicable settlement following the filing of the legal action.