General Terms and Conditions of Sale
Purpose of service
AirRefund is a company established in Switzerland. Its purpose is to support passengers who have been denied boarding, suffered long delays or flight cancellations, in the process of claiming the compensation they are entitled to, under current legislation. Such a service is not a substitute for the advice of a legal professional.
Definitions of terms
- ‘AirRefund‘ or ‘Claim handler’: company entered in the trade register of the canton of Geneva under number CH-660.0.717.014-3, located at 59 route des Jeunes – 1227 Carouge, Geneva (Switzerland).
- ‘Client’ or ‘Principal’: the passenger or their legal representative having signed a contract authorizing a Claim handler to act upon their behalf, and thereby accept these General Terms and Conditions of Sale.
- ‘Contract’ or ‘Agreement’: an agreement between the Client and AirRefund entered into after the Client has accepted these General Terms and Conditions of Sale and AirRefund has reviewed the admissibility of the claim.
- ‘Airline’ or ‘Air carrier’: the air carrier company designated in the transportation contract that operates or intends to operate a flight under a contract entered into with a passenger and whose flight is the subject of a claim.
- ‘Legal counsel’: officer of the court duly appointed by the Client who transfers all powers to defend their interests in legal proceedings.
- ‘Current legislation’: all standards (law, regulations, directives, jurisprudence) issued under the authority of a federal, European, national or regional state governing the rules relating to the compensation of air passengers who are denied boarding, suffer long delays or flight cancellations.
- ‘Regulation (EC)’: 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 and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91
- ‘Claim’: any compensation claim made by a passenger to an airline with the purpose of obtaining compensation under current legislation.
- ‘Case file’: For the purpose of enforcing the rights of a passenger, a case file is made up of personal identification data for that passenger, relevant documents supporting the admissibility/eligibility of the compensation claim and written or electronic communications between AirRefund and the airline.
- ‘Commission’: In the event of a successful outcome, AirRefund is paid a commission from the total compensation collected on behalf of the Client from the airline as described in the Power of Attorney accepted and signed when the claim is submitted.
Article 1: Agreement
The legal agreement between the Client and AirRefund is a contract authorizing AirRefund to act as Claim handler upon the Client’s behalf, subject to the civil laws of the Client‘s state of residence.
The contract is entered into after the Client has accepted the General Terms and Conditions of Sale and AirRefund has processed the claim and deemed it admissible.
AirRefund acts in the name of and on behalf of its Client who accepts to delegate authority to act.
Under the agreement between the Client and AirRefund, these General Terms and Conditions of Sale constitute all rights and obligations which each party undertakes to observe with loyalty and diligence.
Purpose of the agreement:
- AirRefund is authorized to represent its Client in all out-of-court actions to secure compensation from the Airline and specifically, but not limited to: sending emails, giving notice, notification etc.;
- AirRefund is authorized to collect compensation payment in the name of and on behalf of the Client ;
- AirRefund reserves the right to refuse to initiate compensation proceedings or to discontinue at any time should they deem the circumstances inappropriate given the Client’s situation, documents communicated and the information supplied by the Airline. In such cases, AirRefund shall notify the Client within a reasonable time-frame and the Client shall regain the freedom to proceed with any negotiation or proceedings they deem useful or necessary in exercising their rights regarding the Airline.
Article 2: AirRefund’s commitments
AirRefund undertakes to:
- Review and assess the compensation claim made by the Client in light of current legislation;
- Cover all costs incurred and not to invoice any costs other than its commission, unless the Client withdraws and the contract is terminated due to a serious breach by the Client of their obligations. (see Article 4.2);
- Perform their duties with care and diligence, abiding by current legislation;
- Report to the Client on the progress of the claim made in their name and their behalf;
- Pay the Client the compensation obtained in the currency of the country of residence of the Client, minus the commission of AirRefund.
- Choose the payment method (bank transfer, cheque etc.) for the aforementioned funds;
- Transfer the compensation claim to an officer of the court who will set in motion the recovery of damages, provided that the Client‘s claim has been deemed by AirRefund to be sufficiently sound to be argued before the relevant courts;
The Client remains free to decline the expertise of the legal counsel offered by AirRefund. However, AirRefund reserves the option of refusing to fund the legal counsel chosen by the Client particularly based on the financial terms of their services. In the absence of agreement on the choice of legal counsel, the contract shall be terminated in accordance with the law.
AirRefund‘s is an obligation of means whereby the company undertakes to do its utmost to successfully perform the duties assigned to it. This agreement is entered into with no guarantee of success. AirRefund shall not be held liable in the event of an unsuccessful outcome.
Article 3: The Client’s commitments
The Client undertakes to:
- Not be legally incompetent in such a way that might render this contract null and void;
- Appoint AirRefund as sole Claim handler in reviewing any information provided by the airline;
- Share with AirRefund any correspondence received from the Airline whether by telephone, mail or email, prior to or subsequent to entering into this agreement;
- Submit a real and genuine compensation claim, insofar as any information and document provided by them must not be falsified nor truncated and must offer an objective, sincere and truthful view of the situation;
- Provide any document required by AirRefund as quickly as possible. The Client shall check that the information transmitted is authentic and shall notify AirRefund of any change liable to affect the compensation claim;
- Work closely with AirRefund and together carry out the procedures necessary for a successful outcome. In order to keep in contact with AirRefund, the Client undertakes to be available, in particular by ensuring their computer equipment is in working order and their internet connection is operating effectively;
- Not interfere with the course of action taken by AirRefund, particularly by contacting the Airline in parallel and/or directly. The negotiation of a settlement either in or out of court outside of the scope of this contract and without the express agreement of AirRefund will result in the termination of the aforementioned agreement and all costs unnecessarily incurred by AirRefund being invoiced (see article 4) ;
- Follow the instructions given by AirRefund or the appointed legal counsel.
If more than one options are possible to indemnify the Client, the most consistent one with the circumstances of the damage experienced by the Client will be chosen also according to the current legislation and jurisprudence.
If the compensation amount is at least the minimum according to Article 7 of Regulation (EC), the Client authorizes AirRefund to accept on their behalf the proposed amount without the express consent of the Client.
Otherwise, if the amount proposed is below the mentioned regulatory stipulations, AirRefund requires the agreement of the Client before accepting any compensation.
However, if the Client accepts a non-monetary compensation from the Airline – goods, service(s), loyalty points (e.g. miles) -, the Client recognizes that AirRefund’s commission, as defined in the Power of Attorney signed when submitting the claim, will be calculated from the value of the compensation.
Article 4: Costs and Expenses
AirRefund or the duly appointed legal counsel shall collect the sums awarded by the Airline in the name of and on behalf of the Client.
AirRefund shall receive a commission, as defined in the Power of Attorney signed when the claim is submitted, of the total compensation obtained, however long the process of the claim, whatever the complexity of AirRefund or its partners’ actions.
Such commission is invoiced by AirRefund to the Client as soon as the compensation by the Airline is obtained by AirRefund.
The Client is in compliance with the tax provisions of their country of residence in terms of any tax payable on the sums they receive.
In the event that the involvement of legal counsel is required, the Client acknowledges that the sums obtained for legal costs, or on the basis of articles 699 and 700 of the French Civil Procedure Code (or any other equivalent provisions in the signatory countries to the (EC) Regulation), are not included in the calculation of the compensation as they are intended to cover costs incurred by AirRefund and the legal counsel appointed in handling the legal claim.
The Client may be required to refund any administrative costs incurred by AirRefund should they fail to meet their duties under this contract, including, but not restricted to:
- If the Client has supplied false information, the knowledge of which appeared to be an essential and determining factor in entering into the agreement.
- If the Client has reached a settlement with the Airline outside of the scope of the agreement with AirRefund or the appointed legal counsel, without having notified them.
- If the Client intentionally fails to share with AirRefund the necessary documents for handling the claim.
- If, on their own initiative, the Client revokes the agreement with AirRefund or if they enter into a contract with a competitor company to handle the same dispute.
The aforementioned fees amount to a 59€ fixed-fee.
Any bank or exchange fees relating to the payment of any compensation may be charged to the Client.
Article 5: Data protection
AirRefund is appointed as controller of any data processed electronically in accordance with the provisions below.
- Directive 95/46/EC of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data
- Decision 2000/518/EC of 26 July 2000 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data provided in Switzerland;
- Swiss Federal Data Protection Act (LPD) of 19 June 1992, entered into force 1 January 2014;
- The recommendations of the Swiss Federal Data Protection Commissioner (PFPDT).
The Client gives their permission for their personal data to be processed by AirRefund. The aforementioned data are to be used to handle claims so as to satisfy the request for compensation and defend the client’s interests as effectively as possible.
Personal data shall only be kept for the time strictly necessary for AirRefund to perform its duties no longer than one year after the case is closed.
The Client is responsible for the veracity of any information shared.
To do so they have a right to access and rectify data which they may exercise by sending a written request by email to email@example.com or by mail to:
59 route des Jeunes
1227 Carouge, Genève (Switzerland)
Article 6: End of agreement
The Client may withdraw their request for AirRefund to handle their claim within 14 business days from the day after the aforementioned agreement is entered into.
Should the Client exercise their right to withdraw during the cooling-off period, no fee will be charged.
In order to terminate the aforementioned agreement, the Client must make the request by recorded delivery letter with proof of receipt. The termination shall take effect upon the receipt of the letter by AirRefund.
The appointment of a new Claim handler for the same claim amounts to termination upon notification.
Withdrawal by AirRefund
AirRefund may withdraw from handling the claim. In such scenario, AirRefund will support all costs incurred.
AirRefund shall notify the Client of their decision by any means. The withdrawal takes effect on the date the notification is sent.
AirRefund reserves the right to terminate this contract, should circumstances hold the claim submitted by the Client in check, particularly in, but not limited to, the following circumstances:
- Unfavorable rulings by the relevant court;
- Grounds for exemption from liability reported by the Airline;
- Overturning of case law.
Termination in accordance with the law, in the event of a serious breach of contractual duties by one of the parties.
Expiry of the agreement
The agreement ends with the successful outcome of the claim handler’s assignment, i.e. when the Client is paid the compensation awarded by the Airline and the commission to AirRefund is paid.
The personal nature of the agreement means that it must be terminated immediately in the event of the death of the Client.
Article 7: Applicable law and jurisdiction
In the event that the various translations of these General Terms and Conditions of Sale vary, the French version will be taken as the reference.
The parties hereby agree that these General Terms and Conditions of Sale are subject to Swiss law.
In the event of a dispute, particularly due to the interpretation or discharge of the aforementioned agreement or the General Terms and Conditions of Sale, the parties shall undertake to reach an out-of-court settlement; where this is not possible, the dispute shall fall within the exclusive jurisdiction of the Canton of Geneva.
If a provision of these General Terms and Conditions of Sale is, or becomes, ineffective, illegal or unenforceable, it does not, in no way, affect other provisions.