These terms and conditions apply to the client and to Lambert Lawyers, including its representatives, including partners, assistants, employees and articling students. By accessing the site or using the services offered therein, the client agrees that Lambert Lawyers and its representatives may invoke and enforce all the rights and obligations provided for herein.
The information transmitted by the client or obtained through the site may be used by Lambert Avocats for the purpose of performing legal services, managing the client relationship, or for any other purpose permitted by law and in accordance with these conditions.
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.
2.1 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.
3.1 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.
4.1 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.
5.1 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.
6.1 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.
7.1 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.
8.1 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.
9.1 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.
10.1 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.
11.1 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.
12.1 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
The following terms are used in this document:
Lambert Lawyers : A business corporation under the Business Corporations Act (CQLR, c. S-31.1) and is also governed by the Act respecting the Barreau du Québec. The head office of the company 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.