Flight Compensation Checker

1. Introduction

These Terms and Conditions ("Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Refundmyflight Limited ("Refundmyflight," "we," "us," or "our"), a company registered in Ireland with registration number [REGISTRATION NUMBER], having its registered office at [ADDRESS], Ireland.

By accessing our website at refundmyflight.co.uk ("Website"), using our services, or submitting a claim through our platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, please do not use our services.

2. Definitions

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

Claim: A request for compensation for flight delays, cancellations, denied boarding, or other issues related to air travel submitted through our platform.
Compensation: The monetary amount potentially recoverable from an airline for eligible flight disruptions under applicable regulations.
Force Majeure: Extraordinary circumstances beyond the control of the airline, including but not limited to political instability, meteorological conditions, security risks, strikes affecting airline operations, and air traffic management decisions.
Regulations: Including but not limited to EC Regulation 261/2004, the Montreal Convention, and other applicable national and international air passenger rights laws.
Success Fee: The percentage of the Compensation that Refundmyflight will charge for successfully obtaining Compensation from an airline.

3. Our Services

3.1 Refundmyflight provides a platform for passengers to claim compensation from airlines for flight disruptions in accordance with applicable regulations.

3.2 Our services include:

a) Evaluating the eligibility of your Claim;
b) Preparing and submitting your Claim to the relevant airline;
c) Negotiating with the airline on your behalf;
d) If necessary, engaging legal representation to pursue your Claim; and
e) Processing and transferring any recovered Compensation to you, minus our Success Fee.

3.3 By submitting a Claim, you authorize Refundmyflight to act on your behalf in all matters related to your Claim, including negotiation, settlement, and, if necessary, legal proceedings.

4. User Representations and Warranties

By submitting a Claim, you represent and warrant that:

4.1 You are at least 18 years of age and have the legal capacity to enter into this Agreement.

4.2 You are either the passenger affected by the flight disruption or have proper authorization to submit a Claim on behalf of the affected passenger(s).

4.3 All information provided in connection with your Claim is true, accurate, complete, and not misleading.

4.4 You have not already received compensation from the airline for the same Claim.

4.5 You have not engaged another company or legal representative to pursue the same Claim.

4.6 You will promptly provide any additional information or documentation that may be reasonably requested in connection with your Claim.

4.7 You will promptly inform us of any direct communication from the airline regarding your Claim.

5. Submission of Claims

5.1 To submit a Claim, you must complete our online claim form, providing all requested information about your flight disruption.

5.2 You must upload copies of all relevant documentation, which may include:

a) Booking confirmation;
b) Boarding passes;
c) Identification documents;
d) Any communication received from the airline regarding the disruption; and
e) Any additional documents that may support your Claim.

5.3 You must submit your Claim within the applicable limitation period specified by relevant laws and regulations, which may vary depending on the jurisdiction and the nature of the Claim.

6. Power of Attorney and Authority

6.1 By submitting a Claim, you grant Refundmyflight a limited power of attorney to:

a) Act on your behalf in all matters related to your Claim;
b) Communicate with the airline and relevant authorities;
c) Accept or reject settlement offers in consultation with you;
d) If necessary, initiate and pursue legal proceedings; and
e) Receive Compensation payments on your behalf.

6.2 This power of attorney may be revoked only in accordance with the termination provisions set forth in Section 11 of this Agreement.

7. Fees and Payment

7.1 Refundmyflight operates on a "No Win, No Fee" basis. If we are unable to recover Compensation for your Claim, you will not be charged any fees.

7.2 If we successfully recover Compensation, we will charge a Success Fee of 35% (including applicable VAT) of the recovered amount.

7.3 The Success Fee covers all costs associated with pursuing your Claim, including administrative costs and, if necessary, legal fees.

7.4 In the event that legal proceedings are required and additional court fees or other disbursements are incurred, these may be deducted from the recovered Compensation in addition to our Success Fee. We will inform you before incurring any such additional costs.

7.5 Payment of recovered Compensation, minus our Success Fee and any applicable costs, will be made to your designated bank account within 7 business days of receipt from the airline.

7.6 If the airline provides compensation in the form of vouchers, miles, or other non-monetary benefits, our Success Fee will be calculated based on the cash equivalent value of such compensation.

8. Eligibility Assessment and Claim Processing

8.1 Upon submission of your Claim, we will conduct an initial assessment of its eligibility based on the information provided.

8.2 We reserve the right to decline to pursue any Claim that we determine, in our sole discretion, has limited prospects of success or falls outside the scope of applicable regulations.

8.3 We will keep you informed of the progress of your Claim via email or through your account on our Website.

8.4 The time required to process a Claim varies depending on numerous factors, including the responsiveness of the airline and whether legal proceedings are necessary. We do not guarantee any specific timeframe for the resolution of Claims.

9. Limitation of Liability

9.1 While we strive to achieve the best possible outcome for your Claim, we do not guarantee success or the recovery of any specific amount of Compensation.

9.2 Our maximum liability for any Claim arising out of or related to this Agreement shall not exceed the amount of Compensation actually recovered for your Claim.

9.3 We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or related to this Agreement.

9.4 We shall not be liable for any delay or failure to perform our obligations under this Agreement due to circumstances beyond our reasonable control.

10. Data Protection and Privacy

10.1 We are committed to protecting your personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).

10.2 By submitting a Claim, you consent to our collection, processing, and storage of your personal data for the purposes of:

a) Assessing and processing your Claim;
b) Communicating with airlines, authorities, and legal representatives on your behalf;
c) Fulfilling our contractual obligations to you;
d) Complying with legal and regulatory requirements; and
e) Improving our services.

10.3 We may share your personal data with:

a) Airlines against which your Claim is made;
b) Legal representatives engaged to pursue your Claim;
c) Relevant regulatory authorities;
d) Payment processors; and
e) Third-party service providers who assist us in providing our services.

10.4 For more information about how we collect, process, and protect your personal data, please refer to our Privacy Policy, which forms an integral part of this Agreement.

11. Term and Termination

11.1 This Agreement comes into effect when you submit a Claim and remains in effect until:

a) Your Claim is resolved and all Compensation has been distributed; or
b) The Agreement is terminated in accordance with this Section.

11.2 You may terminate this Agreement by providing written notice to us at support@refundmyflight.co.uk, subject to the following conditions:

a) If you terminate before we have submitted your Claim to the airline, no fee will be charged.
b) If you terminate after we have submitted your Claim to the airline but before any Compensation has been offered, a cancellation fee of £70 may be charged to cover administrative costs.
c) If you terminate after the airline has offered Compensation, our full Success Fee will be due on the offered amount, regardless of whether you accept the offer.

11.3 We may terminate this Agreement by providing written notice to you if:

a) We determine, in our sole discretion, that your Claim has limited prospects of success;
b) You breach any provision of this Agreement;
c) You provide false or misleading information; or
d) You fail to provide requested information or documentation within a reasonable timeframe.

11.4 Termination of this Agreement shall not affect any rights, remedies, obligations, or liabilities that have accrued up to the date of termination.

12. Intellectual Property

12.1 All content on our Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Refundmyflight or its content suppliers and is protected by international copyright laws.

12.2 You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Website, except as follows:

a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
b) You may store files that are automatically cached by your web browser for display enhancement purposes.
c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

13. Amendments to the Agreement

13.1 We reserve the right to modify this Agreement at any time by posting the revised version on our Website. The revised version will be effective immediately upon posting.

13.2 For Claims already submitted, the version of the Agreement in effect at the time of submission will continue to apply, unless the changes are required by law or government order or are not materially adverse to you.

13.3 Your continued use of our services after any changes to this Agreement constitutes your acceptance of such changes.

14. Governing Law and Dispute Resolution

14.1 This Agreement shall be governed by and construed in accordance with the laws of Ireland, without giving effect to any principles of conflicts of law.

14.2 Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Rules of the International Chamber of Commerce, which Rules are deemed to be incorporated by reference into this clause.

14.3 The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Dublin, Ireland. The language to be used in the arbitral proceedings shall be English.

14.4 Notwithstanding the foregoing, nothing in this Agreement shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the service.

15. Miscellaneous Provisions

15.1 Entire Agreement: This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Refundmyflight regarding the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.

15.2 Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

15.3 Waiver: No waiver by Refundmyflight of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Refundmyflight to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

15.4 Assignment: You may not assign any of your rights or obligations under this Agreement without our prior written consent. We may assign our rights and obligations under this Agreement in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

15.5 Force Majeure: Neither party shall be liable for any failure or delay in performance under this Agreement for causes beyond that party's reasonable control.

15.6 Notices: Any notice required to be given under this Agreement shall be in writing and delivered via email to you at the email address provided in your Claim submission and to us at legal@refundmyflight.co.uk.

15.7 Survival: The provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Contact Information

If you have any questions about this Agreement, please contact us at:

Refundmyflight Limited
[ADDRESS]
Dublin, Ireland
Email: support@refundmyflight.co.uk
Phone: [PHONE NUMBER]

By submitting a Claim, you acknowledge that you have read, understood, and agree to be bound by this Agreement.