Refund My Ticket

General Terms & Conditions

PREAMBLE :

This website is published and operated by CLAIM ASSISTANCE (« CLAIM ASSISTANCE »), a French limited liability company (société par actions simplifiée) registered with the Nanterre companies register under number 803 147 446, with share capital of 1000 euros and having its registered office 19, rue Honoré d’Estienne d’Orves 93500 Pantin FRANCE. CLAIM ASSISTANCE intercommunity VAT number is FR883803147446.

CLAIM ASSISTANCE is the owner of the websites www.refundmyticket.net and www.remboursermonbillet.com, hosted by the company OVH.

REFUNDMYTICKET is a registered trademark at the French National Institute of Industrial Property (INPI).

CLAIM ASSISTANCE offers on its webiste a recovery service of debts due to passengers under Regulation (CE) n° 261/2004 dated 11 February 2004 or the Montreal Convention dated May 28 1999, granting to flight passengers a right to compensation and assistance in the event of denied boarding and of cancellation or long delay flights. Any judicial proceedings shall be intiated by an attorney in accordance with the provisions of these general terms and conditions.

CLAIM ASSISTANCE assists the claimant in order to facilitate the recovery proceedings and will receive payment only in the event of success of the claim. CLAIM ASSISTANCE advances any and all fees and expenses related to the debt recovery. Those fees and expenses shall not be claimed to the claimant in case of failure of the recovery proceedings.

The conditions of use of the services offered on the website are set out below.

CLAIM ASSISTANCE can be contacted via the online contact form or by email at contact(at)refundmyticket.net.

ARTCILE 1 DEFINITIONS

« Attorney » means any lawyer duly registered in any bar of any country or any law firm duly registered.

« Client » means any person using the services offered by CLAIM ASSISTANCE on the Website and having accepted these general terms and conditions

« Airline » means the air carrier that performed or intended to perform the flight subject of the recovery proceedings initiated by CLAIM ASSISTANCE on behalf of the Client

« General terms and conditions » means these general terms and conditions

« Contract » means these General Terms and Conditions together with the power of attorney duly signed by the Client

« User Account » means the account opened under the name of the Client following confirmation of his/her online request by email under the conditons set out below.

« Compensation » means the payment made by the Airline to the benefit of the Client following amicable settlement or judicial proceedings initiated by an Attorney.

« Power of attorney » means the document whereby the Client authorizes CLAIM ASSISTANCE to act on their behalf in order to claim compensation to the concerned Airline.

« Website » means the websites www.refundmyticket.net and www.remboursermonbillet.com

« Services » means any and all services offered by CLAIM ASSISTANCE on the Website.

ARTCILE 2 SCOPE OF THE GENERAL TERMS AND CONDITIONS

The General Terms and Conditions apply, without restriction or reserve, to any and all Services offered by CLAIM ASSISTANCE on the Website and to all Clients.

The Clients confirm their acknowledgement and acceptation of the General Terms and Conditions by checking the box provided when registering their Compensation request.

Any request implies full and complete acceptance by the Client of the General Terms and Conditions in force on the day of the request.

CLAIM ASSISTANCE has the right to amend the General Terms and Conditions at anytime provided the Client is informed by email of such amendment. Failing to reply within seven (7) days following reception of the informative email, the Client will be deemed to have accepted the amended General Terms and Conditions, which shall apply to the ongoing contracts.

The General Terms and Conditions have been originally drafted in French and CLAIM ASSISTANCE may provide translation of those in any language on the Website. In case of discrepancy, the French version shall prevail.

The General Terms and Conditions are available on the Website where they can be directly consulted.

The invalidity, illegality, voidness or unenforceability of any provision of these General Terms and Conditions, shall not affect the other provisions of the General Terms and Conditions.
Failure of CLAIM ASSISTANCE to enforce any provision of these General Terms and Conditions at any time shall not operate to waive its right enforce the same provisions subsequently.

ARTCILE 3 PURPOSE OF THE GENERAL TERMS AND CONDITIONS

The purpose of these General Terms and Conditions is to determine the contractual rights and obligations of the Parties in relation to the use of the Services offered on the Website.

CLAIM ASSISTANCE acts as agent on behalf of the Client, in accordance with the provisions of Articles 1984 et seq. of the French Civil Code.

The General Terms and Conditions determine the conditions of use of the Services.

ARTCILE 4 SERVICES

CLAIM ASSISTANCE offers on the Webiste a service allowing passengers to claim Compensation to Airlines in the event of denied boarding and of cancellation or long delay flights under the conditions set out below.

The Website services are available to the Client 24 hours a day and 7 days a week during the whole year except in case of unintentional or intentional disruption, whatever the reason. The disruption may be caused by maintenance. CLAIM ASSISTANCE’s obligation under the Contract being a best-effort obligation, it shall not be liable for any physical, financial, material or moral damage caused in the event the Website is not available.

4.1 Client’s request

The Client sends his/her request on the Website by filling a form containing the following information:

  • Cancelled, delayed flight or denied boarding
  • Airport of departure
  • Airport of arrival
  • Flight number
  • First name
  • Last name
  • Reference of the reservation
  • Country of residence
  • Phone number
  • Email address

In order to confirm submission of the form, the Client shall first accept these General Terms and Conditions by checking the box “I have read and I accept the Terms and Conditions”.

Any Client adding one or more passengers to a request warrants that he/she has been expressly or tacitly authorized to do so by the said passengers and that they have full authority to act on their behalf. Such passengers are deemed to have fully agreed to the recovery proceedings and to have been informed by the Client acting on their behalf.
In such case, the Client shall check a box confirming that he/she has been authorized to act on behalf of the other passengers.
The Client filling the form shall be CLAIM ASSISTANCE’s only contact and shall be considered as the “Client”.
CLAIM ASSISTANCE shall bear no responsibility for any consequences related to the intervention of a non-authorized third party sending a request on behalf of any passenger.

The Client undertakes to give accurate, complete, up-to-date information and is solely responsible for the information filled in the form.

CLAIM ASSISTANCE shall send to the Client an email confirming reception of the Compensation request and reminding the essential elements of the request. This email shall not bind CLAIM ASSISTANCE.
The Client shall validate his/her request by clicking on the link provided in the confirmation email.

Following validation of the Compensation request, the Client shall receive a username and a password giving access to his/her User account on which he/she will be able to follow the Compensation procedure. The Client will be free to change the password allowing access to the User account and is solely liable to create a secure password. The Client is also solely responsible to prevent disclosure of the password and of the use of such password.

The Client undertakes to keep his/her password secret and not to disclose it to any third party. The Client is solely responsible for the access to their User account.

4.2 Signature of the Power of attorney and documents transmission

Once the Client has validated his/her request, CLAIM ASSISTANCE shall send him/her a Power of attorney to be electronically signed and shall ask for the transmission of the documents proving his/her request.

Under the Power of attorney, the Client shall authorize CLAIM ASSISTANCE to:

  • Analyse the Client’s request, with the assistance of the Attorney of its choice
  • Contact the Airline by any mean in order to initiate the amicable recovery of the Client’s debt
  • Cash in the amounts paid by the Airline on behalf of the Client
  • As appropriate, transfer the request to any Attorney in order to initiate judicial proceedings to recover the debt

The Client shall electronically sign the Power of attorney by clicking on the link given by CLAIM ASSISTANCE and shall send by email or download on his/her User account any and all pieces of evidence proving their Compensation request, such as:

  • Confirmation of the flight reservation
  • Passport
  • Boarding pass
  • Invoices proving the expenses incurred by the Client due to the incident
  • IBAN number of the bank account on which the Clients choses to receive Compensation

The Contract shall not come into force until CLAIM ASSISTANCE has received the Power of attorney duly signed by the Client and the pieces of evidence.

4.3 Analysis of the Client’s request

Based on the information given by the Clients, CLAIM ASSISTANCE, with the assistance of the Attorney of its choice, shall analyze the Compensation request.

CLAIM ASSISTANCE has the right to refuse a request filled by a Client on the Website with no reason. In such case, no fees will be charged to the Client.

Should CLAIM ASSISTANCE accept to process the Client’s request, a confirmation email will be sent to the email address provided by the Client.

The Client hereby warrants that no amicable or judicial proceedings have been initiated by him/her or any other third party authorized to do so.

4.4 Amicable debt recovery procedure

Following acceptation of the Compensation request by CLAIM ASSISTANCE, a letter shall be sent to the Airline by any mean, in order to claim payment of the Compensation due to the Client.

This letter shall contain:

  • The identity of Claim assistance, as well as the identity of the Client and of the Airline
  • The grounds and amount of the sums due in principal and interests
  • The request to pay the amounts due and the payment modalities
  • Reproduction of the second and third paragraph of Article L. 111-8 of the French Code of enforcement civil procedure.

In case of agreement by the Airline to pay the Compensation, CLAIM ASSISTANCE shall receive Compensation on behalf of the Client and shall then transfer the amounts due to the Client under the conditions set out below.

4.5 Judicial proceedings

In the event the Airline refuses to pay the Compensation requested or fails to respond, the Client hereby authorizes CLAIM ASSISTANCE to send the Client’s request to the Attorney of its choice, who will be charges to bring a legal claim against the Airline before the competent court, provided the Attorney considers it appropriate. The Client acknowledges and agrees that CLAIM ASSISTANCE gives to the Attorney any information and documents sent by the Client.

CLAIM ASSISTANCE hereby undertakes to bear all fees and expenses related to the proceedings initiated on behalf of the Client, irrespective of the outcome of the proceedings.

CLAIM ASSISTANCE shall bear the financial consequences of any court order rendered against the Client.

4.6 Choice of the Attorney

It is specified that CLAIM ASSISTANCE carefully selects the Attorneys it proposes to the Clients in order to guarantee the best chances of success of the initiated procedure.

CLAIM ASSISTANCE undertakes to inform the Client by email of the name of the Attorney in charge of the procedure.
The Client is free to refuse the suggested Attorney and shall exercise this right to refusal with 48 hours following reception of the informative email.
Failure to respond within this timeframe, the Client shall be deemed to have accepted the intervention of the suggested Attorney.

In case of refusal by the Client of the suggested Attorney, CLAIM ASSISTANCE will have the right to terminate the Contract. In consideration of the services provided by CLAIM ASSISTANCE for the debt recovery, the Client shall pay the commission set out in Article 5 of the General Terms and Conditions.

The Client shall then be free to continue the Compensation proceedings with any other Attorney and shall bear all fees and expenses of the procedure. The “no win no fee” guarantee shall not apply in such case.

4.7 Client’s compensation

Payment following amicable recovery

In the event the Airline agrees to pay the Compensation to the Client after the amicable recovery procedure initiated by CLAIM ASSISTANCE, the Client authorizes CLAIM ASSISTANCE to receive the amounts due on their behalf.

CLAIM ASSISTANCE undertakes to transfer the amount of Compensation to the Client within thirty (30) days following actual receipt of the said amounts and after deduction of CLAIM ASSISTANCE commission as set out in Article 5, i.e 18% of the Compensation obtained by the Client.

CLAIM ASSISTANCE shall send an invoice to the Client by email reminding the amounts paid by the Airline and the amounts due to CLAIM ASSISTANCE.

The Client hereby acknowledges and agrees that CLAIM ASSISTANCE will have the right to refuse any Compensation from the Airline by any mean other than payment.

The Client undertakes to inform CLAIM ASSISTANCE of any payment received directly from the Airline. In such case, the Client undertakes to pay the commission owed to CLAIM ASSISTANCE in accordance with Article 5 of these General Terms and Conditions, i.e 18% of the Compensation received, within thirty (30) days from the cash in.
Failing to pay the commission owed to CLAIM ASSISTANCE, a penalty equal to the rate applied by the European Central Bank, increased by 10%, shall apply until actual receipt of the funds on CLAIM ASSISTANCE’s bank account. CLAIM ASSISTANCE will be entitled to take any measure against the Client to recover the amounts due in accordance with the Power of attorney.

Payment following judicial proceedings

Whenever a judicial procedure has been initiated by an Attorney, the Compensation due to the Client by Court order shall be paid on a CARPA account and then transferred to the Client, after deduction of the Attorney’s fees as determined in the fee agreement and of CLAIM ASSISTANCE commission as determined in these General Terms and Conditions.

The Client hereby agrees that the costs of legal proceedings awarded by the judge to the Client under the application of article 700 of the French civil code of procedure shall be kept by the Attorney in charge of the case.

The Client is responsible of the accuracy of the bank account details given to CLAIM ASSISTANCE and to the Attorney for the transfer of the Compensation.

Once the Client has added one or more passengers to their request, only one bank account can be identified and the Compensation shall be paid on such bank account, the Client being solely responsible for the distribution of the sums to all passengers mentioned on the request. The Client may change the bank account details at any time before transfer of the Compensation.

ARTCILE 5 PRICE

CLAIM ASSISTANCE’s commission is based on a percentage of the amount of Compensation paid to the Client.

The commission is calculated as follows:

  • 18% of the Compensation received by the Client in case of amicable settlement before any judicial proceedings
  • 24% of the Compensation the Airline is ordered to pay to the Client by the judge in case of judicial proceedings, not including the legal costs under article 700 of the French code of civil procedure.
  • 24% of the Compensation paid to the Client by the Airline by amicable settlement after a claim was brought by an Attorney before the competent judge

It is specified that the amount of the commissions due to CLAIM ASSISTANCE do not include:

  • The applicable VAT
  • Any banking fees when the account details given by the Client are not SEPA
  • Any potential currency exchange fees and/or issuing fees

The Client shall bear these costs, which will be deducted by CLAIM ASSISTANCE from the Compensation to be paid to the Client.

The Client agrees that the commissions due to CLAIM ASSISTANCE shall be directly retained from the Compensation received on behalf of the Client by CLAIM ASSISTANCE in case of amicable settlement, or by the Attorney in case of judicial proceedings.

In case of termination of the Contract by the Client or due to breach of Contract by the Client and whenever CLAIM ASSISTANCE has performed the Services under the Contract, the Client undertakes to compensate CLAIM ASSISTANCE. Such compensation shall amount to 18% of the sums claimed to the Airline before any judicial procedure and to 150 euros when an Attorney has initiated judicial proceedings.

The compensation due to CLAIM ASSISTANCE in such case shall be paid within height (8) days after the termination letter has been sent.

ARTCILE 6 RIGHT OF WITHDRAWAL

In accordance with Article L. 121-21 of the French consumer code, the Client has a right to withdraw the contract within fourteen (14) days from the execution of the Power of attorney, that is on the day CLAIM ASSISTANCE receives the Power of attorney signed by the Client.

Should the Client exercises his/her right of withdrawal, CLAIM ASSISTANCE will be automatically relieved from all of its contractual obligations under the Contract.

ARTCILE 7 OBLIGATIONS OF CLAIM ASSISTANCE

CLAIM ASSISTANCE undertakes to perform its mission of debt recovery with prudence, diligence and honesty and in compliance with the regulations in force.

CLAIM ASSISTANCE acknowledges that it has subscribed an insurance contract in order to guarantee the Client for any financial consequences of its professional civil responsibility in the course of the accomplishment of its mission. CLAIM ASSISTANCE confirms that a separate bank account is dedicated to the funds received on behalf of the Clients.

The Client acknowledges that CLAIM ASSISTANCE is under a best-effort obligation and cannot guarantee the success of the Compensation recovery procedure, either amicable or judicial.
CLAIM ASSISTANCE shall not be held responsible for any risks related to the Client’s Compensation claim.

ARTCILE 8 CLIENT’S OBLIGATIONS

The Client declares to have legal capacity to enter into this Contract, i.e to have legal majority and not being under any legal protective measure such as guardianship, wardship, legal administration, or to be duly represented.

The minor Client can be represented by his/her legal representative.

The Client filling a Compensation form on behalf of any third party is deemed to have received authorization to enter into this Contract with CLAIM ASSISTANCE on their behalf. In such case, the Client shall be deemed to represent the said passengers and shall be CLAIM ASSISTANCE’s only contact for the performance of the Contract.
Such Client undertakes to provide CLAIM ASSISTANCE with any and all information and documents requested on behalf of the passenger and shall be considered as the “Client”.
The Client authorized to act on behalf of other passengers shall be solely responsible for the communication with these passengers as regards to the procedure.

The Client undertakes to provide CLAIM ASSISTANCE with any and all documents and information requested, without delay, and guarantees that the information given is accurate, complete and up-to-date.
Once the Client accepts the General Terms and Conditions, he/she undertake to provide CLAIM ASSISTANCE with any and all communications with the Airline.

The Client shall also inform CLAIM ASSISTANCE of any change which may positively or negatively affect the amicable or judicial recovery of the Compensation, such as: any settlement with the Airline, any parallel action either amicable or judicial taken without CLAIM ASSISTANCE’s consent, any insolvency proceedings related to the cases entrusted under the Power of attorney, any offer from the Airline, any contestation.

The Client undertakes to inform CLAIM ASSISTANCE of any previous action initiated to recover the debt and precludes from interfering in the conduct of the recovery procedure, by contacting the Airline or giving power to any other third party to fulfill the recovery.

In general, the Client undertakes to cooperate with CLAIM ASSISTANCE and with the Attorney in charge for the performance of the amicable and judicial recovery procedure.

Should the Client intend to abandon the ongoing procedure, he/she shall inform CLAIM ASSISTANCE of his/her decision without delay and shall pay the fees set out in Article 5 of these General Terms and Conditions. If a judicial procedure has been initiated, the fee agreement concluded with the Attorney shall specify the amounts due to the Attorney in such case.

ARTCILE 9 END OF THE CONTRACT

Expiration of the Contract

The Contract is entered into for an unlimited period and shall expire when the Compensation offered by the Airline has been transferred to the Client by CLAIM ASSISTANCE, after deduction of any and all applicable fees, except in case of termination or withdrawal.

Termination of the Contract

CLAIM ASSISTANCE reserves the right to terminate the Contract and thus to stop the recovery procedure, without notice, in the following situations:

  • Reversal of precedent
  • Changes in regulations
  • Insolvency proceedings initiated against the Airline
  • Loss or destruction of evidence
  • Evidence of extraordinary circumstances
  • Discovery of ineligibility of the case after the launch of the procedure

CLAIM ASSISTANCE undertakes to inform the Client of the termination by email by acknowledgment of receipt and to specify the reasons of such termination. The termination will take effect from the reception of the notification by email or when this information appears in the Client’s User account. In such case, all costs previously incurred are covered by CLAIM ASSISTANCE.

The Client may also terminate the Contract. But, in this case, he/she will liable for the costs incurred by CLAIM ASSISTANCE until the notification of the termination, as stated in Article 5 of these General Terms and Conditions.
If the Parties disagree about the decision to adopt or refuse a settlement offer from the Airline, the Contract may be terminated by the Party wishing to accept the settlement:

  • If the Client accepts the settlement offer issued by the Airline and this against the advice of CLAIM ASSISTANCE, the Client shall pay all costs incurred by CLAIM ASSISTANCE up until the acceptance of the settlement, i.e the 18% commission (VAT included), unless the Client receives compensation at least equal to 90% of the amount estimated by CLAIM ASSISTANCE.
  • If CLAIM ASSISTANCE accepts the proposed settlement from the Airline, it will retain 18% of the amount of compensation offered by the airline company.

The Contract will be automatically terminated in the following cases:

  • In case of serious breach by one party of its contractual obligations and after a 14-day formal notice remaining unsuccessful;
  • When the Client refuses the legal representative proposed by CLAIM ASSISTANCE and that CLAIM ASSISTANCE does not accept to finance the Client’s legal representative.

For those automatic termination cases, Article 5 of Terms and Conditions applies.

In the event of death of the Client, the Contract will be automatically transferred to the Client’s heirs.

ARTCILE 10 CLAIM ASSISTANCE’S LIABILITY

CLAIM ASSISTANCE is subject to a best-efforts obligation.

CLAIM ASSISTANCE undertakes to use its best endeavors to obtain Compensation on behalf of the Client from the Airline, but cannot guarantee the success of the amicable or judicial procedure.
As such, CLAIM shall not be liable for any refusal from an Airline to pay the Compensation or for a unfavorable court decision.
In general, CLAIM ASSISTANCE shall not bear responsibility for any delays or failures of the Compensation requests sent to the Airlines. Therefore, the Client shall not be entitled any compensation from CLAIM ASSISTANCE in such cases.

CLAIM ASSISTANCE shall not bear responsibility in case of failure in the fulfillment of its obligations caused by the Client’s behavior, by a force majeure case or by the act of third party.

Under no circumstances whatsoever shall CLAIM ASSISTANCE be held liable for any use that may be made of the services, direct or indirect damage to the Client or to third parties or direct or indirect damage to the software (including data, programs, files, etc.) or hardware (equipment, cables, network, etc) of the Client or of third Parties.
CLAIM ASSISTANCE accepts no liability for the unavailability of the Website or services due to force majeure cases as defined by case law, nor for unavailability caused by external factors that are not within the control of CLAIM ASSISTANCE.

CLAIM ASSISTANCE accepts no liability whatsoever in the event the pieces of evidence disappear or cannot be returned to the Client due to a fire, loss or any other cause resulting from a force majeure case.

ARTCILE 11 COMPLAINTS

Any complaint and/or dispute by the Client concerning CLAIM ASSISTANCE must, in order to be valid, be sent (with an explanation) exclusively by email to contact(at)refundmyticket.net within 48 hours from the knowledge of the facts causing the complaint and/or dispute.

ARTCILE 12 PROTECTION OF PERSONAL DATA

In accordance with French law of January 6, 1978, on information technology, data files and civil liberties, the information requested form the Client is necessary for the proper handling of the claim and is intended for use by CLAIM ASSISTANCE and its partners. These data are adequate, relevant and not excessive in relation to the purposes for which they are collected or further processed. They are strictly confidential and are processed fairly and lawfully.

The Client has the right to access, modify and object his or her personal data. This right can be exercised by sending an email to contact(at)refundmyticket.net.

CLAIM ASSISTANCE Database is duly registered at the French CNIL under the following number 185767 V 0.

CLAIM ASSISTANCE keeps all data transmitted for a duration that does not exceed the time necessary for the purposes for which they are processed.

By providing CLAIM ASSISTANCE with his/her personal data, the Client allows such data to be processed under this Contract. The Client also authorizes the use of such personal data for marketing purposes, statistics, and in general, for behavioral marketing.
The Clients may object the reception of marketing documents by clicking on the link made available in the email or by sending an email to the following address: contact(at)refundmyticket.net.

ARTCILE 13 INTELLECTUAL PROPERTY

Any visual or audio elements of the Website, including underlying technology, are protected by intellectual property rights.

CLAIM ASSISTANCE owns all exploitation rights on all of these elements.

The letters and all contents of the website operated by CLAIM ASSISTANCE (text, graphics, logos, buttons, images, icons and software components) are the sole property of CLAIM ASSISTANCE. CLAIM ASSISTANCE owns all copyrights related to said letters and any copies thereof.

Under this Contract, CLAIM ASSISTANCE does not convey any property rights to the letters sent to the Airlines.

The Client shall not directly or indirectly reproduce, adapt, alter, represent or distribute, irrespective of the form, all or part of the elements of the Website. The Client also undertakes not to reproduce or distribute the letters and documents created by CLAIM ASSISTANCE and provided the Client on paper or electronically in the performance of the Contract.

ARTCILE 14 APPLICABLE LAW AND JURISDICTION

The Parties agree that this Agreement is subject to French law.

All disputes arising out of or in connection with the validity, interpretation, performance, non-performance or termination of this Contract shall be submitted to the competent Court, as determined in accordance with the applicable law.

 

Appendix: Withdrawal form

Would you please fill in the form below and return it only if you wish to withdraw the Contract.

To CLAIM ASSISTANCE
19, rue Honoré d’Estienne d’Orves 93500 Pantin FRANCE
Email contact(at)refundmyticket.net

I hereby notify my withdrawal to the contract entered into following the Compensation request sent on your website on (date), confirmed by email on (date). The contract was signed on ……

Name of the consumer:

Address of the consumer:

Signature of the consumer (only in case of withdrawal on paper form):

Date: