General Terms and Conditions of refund.me GmbH
A. Course of procedure
- refund.me will assert your claim for compensation vis-a-vis the operating airline, solely depending on success, based on Regulation (EG) No. 261/2004 of the European Parliament and the European Council of 11th February 2004 regarding rules for airline passengers’ compensation and benefits in the cases of failure to fly passengers and flight cancellations or long flights delays (hereinafter referred to as Airline Passenger Rights Regulation).
- Towards this goal, refund.me gives you the option to enter your flight data through the website or via our app. refund.me will conduct an extensive online data bank research on the flight. If our system considers the pursuit of your claim to be sufficiently promising, you will receive an offer to conclude a collection agreement for the collection of the claim. Please note that the result of the review does not include any binding statement on the actual chances of a successful enforcement of your claim. Subsequently, you have the possibility to accept the offer by entering your personal data.
- As a rule, refund.me pursues the claims on the basis of a power of attorney. In detail under paragraph 4. Exceptionally, you will be asked to assign your possible claim to refund.me. In detail under paragraph 5.
- To assert your claim on the basis of a power of attorney, you must sign the form we send you and you can return it to us via e-mail, telefax or regular mail, or upload it into the electronic client portal as a file. After the power-of attorney has been received, refund.me will immediately draw up and send a demand for payment as well as handle any and all further correspondence with the airline.
- In certain cases, we can only enforce your claim if you assign it to us. This applies to the legal enforcement in Italy and Spain (status: March 2018). The assignment is made by signing the assignment agreement sent to you. After successful enforcement of the claim, you will receive the compensation paid by the airline minus the commission due to refund.me, as stipulated in C.
- If the airline fails to pay within the deadline allotted by us or fails to make an appropriate offer, we will refer the case to our contract attorneys for the purpose of further extrajudicial and judicial enforcement. You agree to your data being forwarded. In so far as the airline provides reasons that would constitute extraordinary circumstances, and provided our research confirms this result, we will terminate any further action and we will inform you accordingly; no costs will be charged to you.
- If the contract attorney comes to the conclusion that the probability of successfully enforcing the claim is sufficiently high, he will arrange the legal enforcement for you. In such a case, you authorise us to provide the contract attorney access to any and all data submitted by you and you authorise the contract attorney to forward information on the legal proceedings to us. Please note that in many countries, due to the processing time of the courts, it can take a substantial amount of time to enforce a claim in court. Unfortunately, this means that we have no influence on how fast your claim can be enforced. If the power-of-attorney must be submitted to the court as an original document, you agree to sign and send the relevant document to our contract attorney without delay and at your own costs.
- If the contract attorney comes to the conclusion that the probability of successfully enforcing the claim is not sufficiently high, we will inform you about this conclusion and refund.me will refrain from any further activities. The collection order shall end with that notification to you. You will receive a brief email outlining the reasons your claim cannot be successfully enforced. In such a case, you will not be charged any costs. If we have acted for you on the basis of an assignment, the eventual claim will automatically be retransferred back to you upon termination of our activity.
- If the contract attorneys proceed with enforcing your claim in court, we will exempt you from paying the costs incurred in conjunction with such legal proceedings in case the lawsuit is lost. In case of a settlement, the legal fees – unless they are borne by the airline – will also be borne by us. You will not be charged court or attorney’s fees.
- Out-of-court and judicial settlement agreements with the airlines will only be entered into with your approval.
- In the event of a successful transaction or settlement of your case, you agree that all costs incurred by refund.me and claimed from the airlines go to the contracted attorney who is treating your case.
B. Obligations to cooperate
- In order to be able to enforce your claim successfully, we depend on your support. That means that you inform us completely and correctly, not only when you order our services but also during the entire process.
- Even without a specific request, please provide us with all the data and documents that are required for processing your case, e.g. your boarding pass, delay notification, correspondence with the airline.
- If you fail to submit the documents or the information, we are entitled to terminate the contract after informing you previously and observing an appropriate period of notice.
- If you (1) provide incorrect or incomplete data against your better judgement or if (2) you have withheld from us that you have already received compensation from the airline for the applicable claim, and our contracted law firms in the respective European countries have lost the adopted claim in court or are forced to withdraw the lawsuit, refund.me reserves the right to assert its claim against you for the resulting damage.
- If you receive any direct payments or any other type of compensation, e.g. flight voucher, from the airline after engaging our services, you are obligated to inform us immediately.
- In order to achieve an optimal result for you, you are obligated to refrain from negotiating with the relevant airline upon engaging our services.
- While the contract is in effect, you may not transfer the claim to another entity (e.g. an attorney or a board of arbitration) for the purpose of collection, and you may not initiate any legal action on your own, either.
- For the successful enforcement of your claims, refund.me receives a commission of 25% plus 19% German VAT, which is in total 29,75% incl. VAT. If our efforts to enforce your claims, are unsuccessful, you don’t have any costs.
- refund.me is entitled to deduct the commission from the airline’s payment. If the airline makes a payment directly to you, you undertake to pay out the commission to refund.me without delay after you have received payment.
- The success commission is calculated on the basis of all benefits granted by the airline after you ordered our services. If, with your permission, the compensation is not paid by means of money but by means of payment in kind, e.g. flight voucher, we are entitled to a success commission in cash, in the amount of the value in kind. The entitlement to the success commission exists even if the benefits are given directly to you.
- In Spain, additional costs may be incurred for the engagement of our contract lawyers with regard to the judicial enforcement of your claims. The fees for the notarial power of attorney (35 EUR) will be borne by you. We will inform you in advance.
D. Payment processing
- Payments are initiated via cash remittance. You can choose between bank or PayPal transfer.
- Remittance fees and the cost of currency conversion shall be assumed by the payee.
- Bank transfers outside the SEPA single Euro payment area, require manual processing and generate additional fees for refund.me. Therefore, such transfers outside the single Euro payments area, cost a lump sum of 25 Euro plus 19% VAT, which is offset against the total compensation by the airline.
- If you enter inaccurate bank details, resulting in a transfer to an account which you are not authorised to access, you are not entitled vis-a-vis refund.me to receive the compensatory payment anew.
- If, either by mistake or knowingly, you reject our PayPal payment, requiring us to transfer it to you again, we are entitled to charge you a service flat fee of 20 Euro plus 19% VAT, to be deducted from the sum that is awarded to you by the airline.
- If the airline has made the compensatory payment directly to you or if you have received a voucher, you are obligated to pay the commission to refund.me GmbH via the payment portal “PayPal” or to transfer the amount to refund.me’s business account. In case of default upon our invoicing we are entitled to charge a reminder fee of 5.00 EUR flat. It is up to the client to prove that refund.me incurred less damage than the sum of the reminder fee. The costs of the transfer are borne by you.
- All payments are made through a third-party fund account. The third-party fund account is non-interest bearing. There is no entitlement to receive interest between the receipt of payment and payout. In so far as the airline pays by direct debit or by cheque, the third-party funds included therein will not be settled until at least refund.me’s six week objection period is up. Any costs the bank charges refund.me for presenting the cheque will be deducted directly from the payment that we are to make to you.
- refund.me is entitled to charge you for fees incurred through submission of a cheque.
E. Right of withdrawal and instructions on the right of withdrawal for consumers
If you are a consumer in the sense of § 13 BGB [German Civil Code], i.e. if you are a natural person that concludes the legal transaction for a reason that can be considered neither a commercial nor an independent professional activity, you have the statutory right of withdrawal, regarding which we inform you as follows: to the instruction on the right of withdrawal
F. Term of contract
The contractual relationship ends through termination on part of the client for important grounds under the provisions of C5 and the general obligation to cooperate in accordance with B, or, when the claim is settled in full or in part, by payment or by means of a flight voucher, or if – after a detailed examination of the case – refund.me or the commissioned contract attorney respectively determine the pointlessness of a continued pursuit and you are informed accordingly via e-mail.
G. Data protection
refund.me will use your personal data exclusively for enforcing your claim. Any and all information regarding the extent and the form of data collection, storage and usage of personal data can be found in our Data Protection Statement.
H. Applicable law and place of jurisdiction
- The laws of the Federal Republic of Germany apply to this contract, whereas the UN Convention on Contracts for the International Sale of Goods is excluded. If you are a consumer in the sense of § 13 BGB [German Civil Code], i.e. if you are a natural person that concludes the legal transaction for a reason that can be considered neither a commercial nor an independent professional activity, and your usual stay of living is in a different state than Germany, then the mandatory consumer protection provisions of your home country are also applicable.
- If the client is an entrepreneur, a legal entity under public law or a special fund under public law, the sole place of jurisdiction for all claims resulting from this contractual relationship shall be Potsdam.
The German version of the Terms and Conditions shall prevail.
Last update: 3 April 2018