Terms and Conditions

These Terms and Conditions (the “Terms”) constitute the legally binding agreement between a customer (“Customer” or “you”) and JusTravel LLC with regard to the provision of our Services. By accepting these Terms, you agree to be bound by them, any additional terms applicable to our Services you have selected, and the AirlineRefunds Privacy Statement.

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We recommend that you do not engage with AirlineRefunds for any of our Services until you have read and understood these Terms, the Privacy Statement, and Our Fees. If you have any questions, doubts, or concerns, please contact us at info@airlinerefunds.com or check out our FAQs.

1. DEFINITIONS

In these Terms, the following defined terms shall have the meanings stated below:

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• “Agreement” means a contract between the Customer and AirlineRefunds that is concluded upon accepting the Terms and Conditions or signing the Authorization Form, whichever appears earlier.

• “Airline” means the airline responsible for the Flight Disruption experienced by the Customer.

• “Claim” means any type of claim submitted by AirlineRefunds on behalf of the Customer to the Airline to uphold the Customer’s passenger rights to Compensation.

• “Claim Amount” means the sum that AirlineRefunds shall demand from the Airline as Compensation.

• “Claiming Process” means the process of claiming Compensation from an Airline that begins upon entering into an Agreement and terminates upon the Customer receiving Compensation through AirlineRefunds or directly from the Airline or AirlineRefunds informing the Customer that it will not pursue the Customer’s Claim any further.

• “Compensation” means any sum owed to the Customer, including but not limited to compensation for Flight Disruption or reimbursement of flight tickets under any legal regime dealing with air passenger rights including but not limited to Regulation (EC) No. 261/2004.

• “Customer” means a person who has entered into an Agreement with AirlineRefunds.

• “Flight Disruption” means any of the following: long delay, cancellation, denied boarding and/or downgrade, experienced by the Customer, for which the Customer enters into an Agreement with AirlineRefunds in order to uphold his/her right to Compensation.

• “Legal Action” means initiating proceedings in court against the Airline, either by AirlineRefunds' lawyers or a contracted legal representative such as a lawyer or a law firm.

• “Authorization Form” means the written authorization that authorizes AirlineRefunds to collect the Claim. The parties explicitly agree that the legal effect of the electronically signed Authorization Form is equivalent to the legal effect of a handwritten signature.

• “Privacy Policy” means AirlineRefunds' privacy policy that can be found here.

• “Regulation (EC) No. 261/2004” means Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights.

• “AirlineRefunds” means JusTravel LLC, a company duly incorporated under US law.

• “Terms and Conditions” means the present terms and conditions of AirlineRefunds.

2. THE AGREEMENT

Formation of Agreement

• The Terms and Conditions create an Agreement.
• By entering into an Agreement, the Customer acknowledges that he/she has the legal capacity to enter into the Agreement.
• By entering into an Agreement, the Customer acknowledges that he/she has not authorized any third parties to uphold his/her passenger rights against the Airline. The Customer warrants that no legal dispute is pending against the Airline with regards to the Flight Disruption. Any existing third-party engagements must be cancelled immediately prior to entering into an Agreement.
• The Customer warrants that all information and documentation (including information related to additional passengers) he/she provides AirlineRefunds with is accurate and exhaustive. AirlineRefunds shall not be held liable
• for any consequences stemming from inaccurate or incomplete information that in any way hampers the Customer’s right to Compensation or limits the size of the Compensation. 5. The Customer warrants that if he/she provides AirlineRefunds with information about additional passengers, he/she has their consent.
• If the Customer provides AirlineRefunds with information about additional passengers that are children, the Customer warrants that he/she is acting within his/her legal capacity to do so.
• After entering into an Agreement, the Customer warrants that he/she shall notify AirlineRefunds should his/her contact details or any personal information essential to the Claim change.
• After entering into an Agreement, the Customer warrants that he/she shall notify AirlineRefunds of any correspondence, past and present and future, kept with the Airline concerning the Flight Disruption.
• After entering into an Agreement, the Customer must notify AirlineRefunds immediately if the Airline attempts to contact him/her and send to AirlineRefunds any related correspondence.
• After entering into an Agreement and receiving all the necessary documentation and information from the Customer, AirlineRefunds will make reasonable efforts to collect the Compensation.
• After entering into an Agreement, AirlineRefunds can refuse to pursue a Customer’s Claim without any reason, but will notify the Customer of its refusal within a reasonable time period.
• After entering into an Agreement, the Customer warrants that he/she will not attempt to contact the Airline in any way with regards to the Flight Disruption. The Customer is not to attempt to collect the Compensation on their own behalf or engage a third party to do so for the duration of the Claiming Process. AirlineRefunds shall not be held liable for any consequence stemming from a Customer’s interaction with the Airline or any third party that in any way hampers the Customer’s right to Compensation or limits the size of the Compensation.
• If after entering into an Agreement, the Customer receives any payment directly from the Airline related to the Flight Disruption, the Customer must notify AirlineRefunds within the time period specified in the Fees for Services and Payments section.

3. OUR SERVICES

Overview of Services

AirlineRefunds helps Customers uphold their right to Compensation from an Airline.

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• AirlineRefunds performs a preliminary assessment of a Customer’s prospect of receiving Compensation from an Airline. Based on the outcome of the preliminary assessment, the Customer is given the option of creating an account on AirlineRefunds' website for the purpose of authorizing AirlineRefunds to initiate the Claiming Process.
• Once AirlineRefunds is authorized by the Customer to submit a Claim and has received all the necessary documentation and information, AirlineRefunds will contact the Airline for the purpose of obtaining Compensation.
• The Customer acknowledges that AirlineRefunds regards Compensation only as a monetary sum and that AirlineRefunds will not accept as Compensation the offer of services such as travel vouchers, airline miles, or any other type of non-monetary service offered by the Airline in response to a Claim. A non-monetary offer by the Airline will be regarded as a refusal on the part of the Airline to pay Compensation.
• In case the Airline refuses to pay Compensation and AirlineRefunds considers that the Airline does not have a legal basis to do so, AirlineRefunds will take measures such as but not limited to taking the case to a dispute resolution body or a relevant administrative body.
• In case the Airline persists in its refusal to pay Compensation and AirlineRefunds has strong grounds to consider that it is unlawful to do so, AirlineRefunds may take Legal Action against the Airline. The Customer will be notified by email in advance if it is AirlineRefunds' intention to take Legal Action and may be asked to sign a separate written authorization.
• Lodging a complaint with a dispute resolution body, an administrative body, or taking Legal Action might be barred by a limitation period. AirlineRefunds shall not be held liable for any damages arising out of an expiration of a limitation period.
• In case the Airline pays Compensation to AirlineRefunds, AirlineRefunds will transfer the agreed part of the Compensation to the Customer by the means specified in the Fees for Services and Payments section without unreasonable delay.
• If a Customer has entered into an Agreement after being included in the additional passenger list, AirlineRefunds will transfer the agreed part of the Compensation to the account holder who included the Customer in the additional passenger list.
• The Customer acknowledges that AirlineRefunds may pursue a sum larger than what is offered by the Airline as Compensation based on the knowledge and experience of its legal experts. In this case, the Airline’s unsatisfactory offer shall be treated as a refusal on the part of the Airline to pay Compensation.
• If at any point during the Claiming Process AirlineRefunds arrives at the conclusion that the Claim can no longer be considered meritorious, it will notify the Customer that it will not pursue the Claim any further.

4. FEES FOR SERVICES AND PAYMENTS

Payment Structure

AirlineRefunds operates on a “no win, no commission” basis, meaning that it gets paid only when the Customer receives Compensation.

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• If AirlineRefunds is successful in claiming Compensation without taking Legal Action, it will charge a standard fee of 30% from the sum received from the Airline (excluding any accrued incoming bank transfer fees). AirlineRefunds shall provide the Customer with information on the respective incoming bank transfer fees upon request.
• If AirlineRefunds is successful in claiming Compensation after taking Legal Action, it will charge, in addition to the standard fee, a litigation fee of 15% from the Compensation sum that a court awards or was settled extrajudicially as a consequence of taking Legal Action.
• All legal expenses and charges including legal interest that are included in an award of the court shall belong to AirlineRefunds, unless otherwise specified in writing.
• If the Customer receives Compensation directly from the Airline, he/she shall owe AirlineRefunds a fee of 30% from the sum received from the Airline. The Customer must notify AirlineRefunds immediately and send a bank statement that states the amount received from the Airline. If the Customer does not send a bank statement to AirlineRefunds, he/she shall instead owe AirlineRefunds a fee of 30% from the Claim Amount.
• If the Customer receives as Compensation services such as travel vouchers, airline miles, or any other type of non-monetary service offered by the Airline, he/she must transfer to AirlineRefunds a fee of 30% from the Claim Amount.
• The Customer must notify AirlineRefunds that he/she received Compensation (monetary or otherwise) from the Airline within 3 working days from the day he/she received Compensation. The Customer shall transfer the agreed service fee to AirlineRefunds within 5 working days from receiving Compensation. Any expenses related to the transfer shall be borne by the Customer.
• If the Customer fails to fulfill any payment obligation to AirlineRefunds, AirlineRefunds will charge to the Customer all costs incurred in attempting to collect the payment.
• AirlineRefunds
• will transfer the agreed part of the Compensation by means of an electronic bank transfer in USD or EUR. Any expenses related to the transfer shall be borne by the Customer.
• If the Customer negligently or otherwise provides wrong or incomplete information that hampers the electronic bank transfer and requires AirlineRefunds to resend the agreed part of the Compensation, the Customer shall owe AirlineRefunds a resend fee of USD 50.
• A Customer may request an electronic invoice to be sent to him/her by mail.
• All fees in this section include VAT.

5. COOPERATION BY THE CUSTOMER

• The Customer warrants that data and information provided by the Customer to AirlineRefunds in relation to the Claim is correct, complete, true, and not misleading. The Customer shall keep AirlineRefunds indemnified for any claims that arose due to incorrect information provided by the Customer and/or lack of cooperation or improper cooperation by the Customer.
• Before engaging in the services of AirlineRefunds, the Customer has not disposed of the Assignment in any other manner, nor has engaged any third party to enforce the Claim.
• The Customer shall, with or without a specific request, provide AirlineRefunds with all the data and documents that are required for processing the Claim, e.g., copies of identity documents, boarding pass, delay notification, correspondence with the Airline.
• If the Customer receives any payment or any other type of Compensation, e.g., flight voucher, from the Airline after engaging AirlineRefunds' services, the Customer is obligated to inform AirlineRefunds immediately. In such a case, the Customer shall be obliged to pay AirlineRefunds the remuneration indicated in Section 4 within 10 (ten) days from the day the Compensation is received from the Airline to the bank account provided in the contact column of AirlineRefunds website or any other bank account provided by AirlineRefunds in written form.
• If the Customer provides incorrect or incomplete data or if the Customer withheld from AirlineRefunds that the Customer has already received the Compensation from the Airline for the respective Claim and AirlineRefunds is not able to collect the Compensation or losses through the Legal Proceedings, AirlineRefunds reserves the right to assert its claim against the Customer for the resulting damage.

6. TERMINATION AND WITHDRAWAL

Termination

• The contractual relationship between the parties ends when the Agreement is fully performed, i.e., the payment under the Agreement is fully performed.
• The Agreement is terminated immediately:
  1. when AirlineRefunds considers that the Claim may not be successful after conducting an in-depth review of the Claim and the Customer is informed regarding such a decision; or
  2. in case of incorrect data/information and fraudulent conduct by the Customer upon decision by AirlineRefunds; or
  3. if within 14 (fourteen) days since the conclusion of the Agreement, the Customer, who is a consumer, submits a withdrawal notice by email. The right to terminate the Agreement on this ground ends prematurely if the Agreement is fully performed until the expiration of the above-mentioned time limit.

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Withdrawal by Customer

• The Customer has the right to withdraw from the Compensation Service within 14 days from the commencement of the Compensation Service for free and without the need to specify any reasons. To exercise your right to Withdrawal, the Withdrawal must be communicated (e.g., by letter, email, or contact form) within the 14-day period mentioned above, and it must clearly state your wish to withdraw from the Compensation Service.

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Consequences of Termination and Withdrawal

• Upon termination of the Compensation Services for any reason, the Customer shall immediately pay any fees payable to AirlineRefunds under the Terms, including without limitation in the case of Customer Withdrawal after the Airline confirms the payment of Compensation
• AirlineRefunds will not automatically reassign your Claim to you upon Withdrawal or termination. You must request AirlineRefunds to reassign your Claim, and AirlineRefunds will send you the Reassignment Form for you to sign.
• In the event that you Withdraw from the Compensation Service or AirlineRefunds terminates due to your breach of the Terms, AirlineRefunds shall be entitled to obtain the following from you:
  1. AirlineRefunds' Legal Expenses if AirlineRefunds has commenced a Legal Action; or,
  2. An amount equal to the Legal Expenses if, following the Withdrawal, AirlineRefunds is requested by a Judicial Authority to pay the Legal Expenses due to the Airline; or,
  3. AirlineRefunds' Service Fee, and, where there was Legal Action, the Legal Action Fee, where you subsequently obtained Compensation directly from the Airline.

7. DATA PROTECTION

All personal data collected during the provision of our Services will be subject to the AirlineRefunds Privacy Statement.

8. GENERAL PROVISIONS

• AirlineRefunds may amend these Terms at any time. The latest version will always be available on the AirlineRefunds website. Continued use of our Services following changes means you accept the new Terms.
• These Terms are governed by the laws of the United States, without regard to conflict of laws principles. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• AirlineRefunds' Privacy Policy and Cookies Policy are part of these Terms. By entering into an Agreement, the Customer shall be deemed to have been notified of and accepted the Privacy Policy and Cookies Policy.
• Any failure or delay by AirlineRefunds in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of our rights or remedies.
• The English version of these Terms shall prevail in case of inconsistency with any other language version.

Updated: 06/13/2024

Version: 1.0

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