Refund My Ticket

General Terms and Conditions

PREAMBLE

This website is published and operated by CLAIM ASSISTANCE (hereafter « CLAIM ASSISTANCE »), a French limited liability company registered with the Bobigny Companies Registry under the number 803 147 446, with a share capital of 232 157 euros and having its registered office at 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 website an amicable 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 the right to compensation and assistance in the event of denied boarding and of cancellation or long delay flights. Any judicial proceedings shall be initiated 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.

ARTICLE 1 DEFINITIONS

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

« Amicable Procedure/Amicable Recovery » : means the actions and negotiations initiated by CLAIM ASSISTANCE with the Airline, in order to reach an amicable agreement and to obtain the payment of the Compensation for the benefit of the Client, excluding the use of Mediation or Judicial Proceedings.

« 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.

« Compensation » : means the payment made by the Airline to the benefit of the Client following an Amicable Settlement, a Mediation or Judicial Proceedings initiated by an Attorney.

« Contract » : means these GTC together with the Power of attorney duly signed by the Client.

« General Terms and Conditions » or « GTC » : means the present General Terms and Conditions explaining the rights and obligations of CLAIM ASSISTANCE and its Client within the scope of their contractual relationship, as well as the Terms and Conditions of the Services offered by RefundMyTicket within the scope of European Regulation no. 261/2004.

« Judicial Proceedings » : means the procedure that will be initiated by an Attorney before the competent court in order to obtain the payment of the Compensation by the Airline Company for the benefit of the Client. 

« Mediation » : means the procedure involving a mediator, chosen by CLAIM ASSISTANCE, in order to reach a transactional agreement and to obtain payment of the Compensation by the Airline Company for the benefit of the Client.

« Parties » : means CLAIM ASSISTANCE and the Client.

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

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

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

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

 

ARTICLE 2 SCOPE OF THE GENERAL TERMS AND CONDITIONS

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

The Clients acknowledge their acceptance of the GTC by checking the box provided when registering their Compensation request on the Website.

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

CLAIM ASSISTANCE has the right to amend the GTC at any time 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 GTC, which shall then apply to the ongoing Contract.

The GTC have originally been 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 GTC are available on the Website where they can be directly consulted.

If any provision of these GTC is or becomes ineffective, illegal or unenforceable, the validity of the remaining provisions shall not be affected.

The fact that CLAIM ASSISTANCE does not invoke any provision of these GTC at a particular point in time shall not be interpreted as a waiver of the right to invoke the same GTC at a later date.

ARTICLE 3 PURPOSE OF THE GENERAL TERMS AND CONDITIONS

The purpose of these GTC 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 the representative on behalf of the Client, in accordance with the provisions of Articles 1984 et seq. of the French Civil Code.

These GTC determine the conditions of use of the Services.

ARTICLE 4 SERVICES

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

The Website Services are accessible by the Client 24 hours a day, 7 days a week and all year round, except in the event of voluntary or involuntary interruption, regardless of the cause. In particular, this may involve maintenance. Being by its activity, subject to an obligation of means, CLAIM ASSISTANCE cannot be held liable for any physical, material, financial or moral damage caused by the temporary unavailability of the Website.

4.1 Client’s request

The Client submits 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
  • Flight date
  • First name
  • Last name
  • Booking reference
  • Country of residence
  • Phone number
  • Email address

In order to confirm submission of the form, the Client shall first accept these GTC 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 aforementioned passengers. These passengers will be deemed to have given their agreement and to have been informed of the Compensation procedure initiated by the Client acting in their name and on their behalf. In such cases, 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 declines all responsibility for any consequences related to the intervention of a third party not authorised to make the request in the name and on behalf of other passengers.

The Client undertakes to provide accurate, valid, up to date and true information and is solely responsible for the information provided by him/her in the form.

CLAIM ASSISTANCE will send the Client an email confirming receipt of his request and summarising the essential elements of the request. CLAIM ASSISTANCE is not bound by this email.

The client must confirm his request by clicking on the appropriate button.

After the request has been confirmed, the Client receives a user name and password, which gives him/her access to his/her Personal Area, where he/she will be able to follow up on his/her Claim for Compensation. The Client shall be free to change the password that has been assigned to him/her and shall be solely responsible for creating a sufficiently secure password that is used to access the Site. He/she shall be solely responsible, both for any improper disclosure of his/her password and for any use that may result therefrom.

The Client undertakes to keep his/her password secret and not to disclose it to a third party; he/she is solely responsible for the accessibility to his/her Personal Area.

4.2 Signature of the Power of Attorney and documents transmission

Following validation of the Client’s request by CLAIM ASSISTANCE, a Power of Attorney will be sent to the Client. The Client must sign this Power of Attorney electronically and he/she will also receive an email indicating the supporting documents required for the processing of his/her claim.

Under the terms of the Power of Attorney, the Client authorises CLAIM ASSISTANCE to :

  • Analyse the Client’s request and in particular the certain, liquid and payable nature of his/her claim;
  • Contact the Airline by any means, for the purpose of amicable collection of the Client’s debt;
  • Collect the sums paid by the Airline in the name and on behalf of the Client;
  • If necessary, transmit the claim to any Lawyer to carry out the judicial recovery of the Compensation.

The Client must electronically sign the Power of Attorney from the link that CLAIM ASSISTANCE will have sent him/her, and must send by email or upload to his/her Personal Area all documents justifying his/her claim for Compensation, namely :

  • Booking confirmation for the disputed flight
  • The passport
  • The boarding pass
  • Any proof of expenses incurred as a result of the incident
  • The IBAN number of the bank account from which the client wishes to receive the Compensation.

The Contract will only be complete and CLAIM ASSISTANCE will only be committed upon receipt of the Power of Attorney signed by the Client and the requested supporting documents.

4.3 Analysis of the Client’s request

On the basis of the information provided by the Client, CLAIM ASSISTANCE will analyse the claim for Compensation.

CLAIM ASSISTANCE reserves the right to refuse a request made by any Client on the Website without giving any reason. In this case, the Client will not be liable for any cost.

If CLAIM ASSISTANCE agrees to process the Client’s request, a confirmation email will be sent to the email address provided in the request form.

By agreeing to these GTC, the Client guarantees that no amicable or legal debt collection proceedings have been initiated by the Client or any third party.

If the Client has tried to recover the Compensation through his own means prior his/her Contrat with CLAIM ASSISTANCE, and that this attempt is not successful, the Client undertakes to inform CLAIM ASSISTANCE and to provide all the necessary information related to the procedure.

4.4 Amicable debt recovery procedure

Following acceptance of the Client’s claim for compensation by CLAIM ASSISTANCE, a letter will be sent to the Airline by any means, in order to request the Compensation due to the Client.

This letter will contain :

  • The identity of CLAIM ASSISTANCE, as well as that of the Client and the Airline;
  • The legal basis and the amount of the sum due in general, interest and other accessories, distinguishing between the different elements of the debt, excluding the costs which remain payable by the creditor in application of the third paragraph of article L. 111-8 of the French Civil Code of Enforcement Proceedings;
  • The indication of the obligation to pay the amount due and the terms of payment of the debt;
  • The reproduction of the second and third paragraphs of Article L. 111-8 of the French Civil Code of Enforcement Proceedings.

If the Airline agrees to, CLAIM ASSISTANCE will collect the Compensation in the name and on behalf of the Client, and CLAIM ASSISTANCE will refund the amount due under the conditions set out below.

 

4.5 Mediation procedure

At the end of this Amicable Recovery Procedure, the Client’s claim must go through a Mediation procedure. This step is compulsory under French law, since the entry into force of Law n°2019-222 of 23 March 2019, for all disputes under 5000 euros.

The Mediation procedure lasts between 21 and 60 days, from the date of receipt by the Airline Company of the invitation to participate to the Mediation, sent by registered mail. CLAIM ASSISTANCE contacts the mediator simultaneously by email and by registered letter with acknowledgement of receipt. CLAIM ASSISTANCE and the Airline will then discuss and attempt to find an amicable solution to their dispute, under the supervision of the mediator.

The Client will be able to access the content of the exchanges during the Mediation and intervene if he/she deems it necessary. These exchanges will remain confidential, unless the Client and the Airline both agree to lift the confidentiality. 

Any agreement concluded during this Mediation will be signed by CLAIM ASSISTANCE, which the Client accepts.

If the Mediation is successful, CLAIM ASSISTANCE will collect the Compensation in the name and on behalf of the Client, and CLAIM ASSISTANCE will pay the Client the amount due to him/her in accordance with the conditions set out below.

Alternatively, if the Mediation fails, CLAIM ASSISTANCE will receive a Certificate of Attempted Mediation, which is an indispensable document for asserting the Client’s rights before the courts. If the Mediation is unsuccessful, the Client will not be charged.

The Client will however be charged if he/she decides to interrupt the ongoing procedures or if he/she received the compensation directly from the Airline Company or through another parallel action. 

CLAIM ASSISTANCE has the right to close the Claim if the Airline Company provides new information.

If, at the end of the Mediation, the Airline has not paid the Mediation fees or has refused to pay the fees, amounting to a total of 36 euros tax inclusive, CLAIM ASSISTANCE reserves the right to continue the procedure in order to recover this sum. CLAIM ASSISTANCE undertakes to repay the Compensation to the Customer and to pursue the proceedings before the competent court only to recover the costs of Mediation.

4.6 Judicial proceedings

Course of the Procedure

In the event that the request for Compensation is rejected by the Airline and the Mediation fails, or in the absence of an answer from the Airline Company, the Client authorises CLAIM ASSISTANCE to forward his/her case to the Lawyer of CLAIM ASSISTANCE’s choice, who will be responsible for seeking the condemnation of the Airline through legal proceedings, provided the Lawyer deems it necessary. The Client hereby accepts that all information provided by him/her on the Website and all documents sent to CLAIM ASSISTANCE will be transferred to the Lawyer.

CLAIM ASSISTANCE undertakes to bear all costs associated with the Legal Proceedings in the name and on behalf of the Client, regardless of the outcome of the Legal Proceedings.

CLAIM ASSISTANCE shall bear any costs incurred by the Client as a result of the Legal Proceedings.

The clause will be waived if the Customer does not inform CLAIM ASSISTANCE of personal exchanges with the Airline Company that could influence the outcome of the Legal Proceedings initiated, or if the Customer receives the Compensation directly during the Legal Proceedings. In this case, and only in this case, in the event of a conviction at the end of the Legal Proceedings, the Customer alone will bear all legal costs (costs, lawyers’ fees for the opposing party, etc.). The “no win no fee” guarantee will not apply to the Customer in this case.

Furthermore, if the Customer decides to close the file during the Legal Proceedings, the Customer will owe CLAIM ASSISTANCE the fees set out in Article 5 hereof.

 

Choice of the Lawyer

It is specified that CLAIM ASSISTANCE carefully selects the Lawyers it chooses to call upon according to their skills, in order to guarantee the best chances of success for the procedures undertaken.

It is specified that CLAIM ASSISTANCE carefully selects the Lawyers called upon on the basis of their skills, in order to guarantee the best chances of success for the procedures undertaken.

CLAIM ASSISTANCE undertakes to inform the Client by email of the name of the Lawyer in charge of the procedure. A fee agreement will be sent to the Client and must be signed by him/her and returned to the Lawyer.

The Client is free to refuse the Lawyer appointed by CLAIM ASSISTANCE and may exercise his/her right of refusal within forty-eight (48) hours following receipt by email of the name of the Lawyer.

Failure by the Client to reply within this delay will constitute tacit acceptance of the Lawyer chosen by CLAIM ASSISTANCE.

If the Client refuses to accept the appointed Lawyer, CLAIM ASSISTANCE may terminate the Contract. In view of the steps taken by CLAIM ASSISTANCE for the purposes of Amiable Recovery of Compensation, the Customer will be liable to CLAIM ASSISTANCE for payment of the processing fees determined in Article 5 of these General Terms and Conditions.

The Client is then free to pursue the compensation proceedings with the Lawyer of his/her choice, the costs of which are to be borne by the Client alone. The “no win no fee” guarantee will not be acquired by the Client in such a case.

4.7 Client’s compensation

Payment following Amicable Recovery

When the Airline Company agrees to compensate the passenger, at the end of the Amicable Debt Collection Procedure, the Client authorises CLAIM ASSISTANCE to collect the amount due in his/her name and on his/her behalf.

CLAIM ASSISTANCE undertakes to pay the amount due to the Client within thirty (30) days following the actual recovery, after deduction of the CLAIM ASSISTANCE’s commission as defined in Article 5 of the present GTC, i.e. 18% (incl. VAT) of the Compensation obtained. An invoice will be available on the Client’s Personal Area, detailing the sums received and the sums due to CLAIM ASSISTANCE.

Any proposal by the Airline to discharge its obligation by any other means of payment other than immediate payment of the sum claimed will not be transmitted to the Customer and will be refused by CLAIM ASSISTANCE, which the Customer acknowledges and accepts.

The Client undertakes to inform CLAIM ASSISTANCE of any payment received directly from the Airline. In such case, the Client undertakes to pay CLAIM ASSISTANCE the amount  the agreed Commission, i.e. 18% (inclu. VAT) of the Compensation, in accordance with Article 5 of  the present GTC, within thirty (30) days from the collection of the Compensation.

The absence to do so will lead to a late payment penalty of the same interest rate applied by the European Central Bank, plus 10%. This shall apply until the actual receipt of the funds on CLAIM ASSISTANCE’s bank account. CLAIM ASSISTANCE may take any measures deemed necessary to recover the sums due, in respect of its intervention in the recovery of the Compensation, in accordance with the Power of Attorney previously signed by the Client and without prior notice.

Payment following Mediation Procedure

If, at the end of the Mediation procedure, the Airline agrees to compensate the passenger, the Client authorises CLAIM ASSISTANCE to collect the amount due in his/her name and on his/her behalf.

CLAIM ASSISTANCE undertakes to pay the sums due to the client within thirty (30) days following the actual recovery, after the deduction of CLAIM ASSISTANCE’s Commission as defined in Article 5 of these GTC, i.e. 24% (incl. VAT) of the Compensation obtained. An invoice will be available on the Client’s User Account, detailing the sums received and the sums due to CLAIM ASSISTANCE.

Any proposal by the Airline to discharge its obligation by any other means of payment other than immediate payment of the sum claimed will not be transmitted to the Customer and will be refused by CLAIM ASSISTANCE, which the Customer acknowledges and accepts.

The Client undertakes to inform CLAIM ASSISTANCE of any payment received directly from the Airline. In such event, the Client undertakes to pay CLAIM ASSISTANCE the amount of its Commission, i.e. 24% (inclu. VAT) of the Compensation, in accordance with Article 5 of these GTC, within thirty (30) days from the collection of the Compensation.

The Customer further undertakes to pay CLAIM ASSISTANCE the amount of the Commission determined at Article 5 hereof (24% inclusive of tax) if he/she obtains payment of the Compensation through a prior request or through a competing company, in the event that the payment of the Compensation occurs after the invitation to participate in the Mediation has been sent to the Airline.

Payment following Judicial Proceedings

When Legal Proceedings have been initiated by the appointed Lawyer, the Compensation due to the Customer as a result of a Court order will be paid into a CARPA account and then paid to the Customer, after deduction of the Lawyer’s fees as defined in the fee agreement and after deduction of CLAIM ASSISTANCE’s Commission as defined herein.

CLAIM ASSISTANCE undertakes to pay the sums due to the Customer within thirty (30) days following the payment of the funds by the Lawyer, after deduction of CLAIM ASSISTANCE’s remuneration as defined in Article 5 of the present GCS, i.e. 24%TTC of the compensation obtained. An invoice showing the sums received and the sums due to CLAIM ASSISTANCE will be available on the Customer’s Personal Area.

The Customer hereby accepts that the appointed  Lawyer  will retain all costs granted by the judge in application of Article 700 at the end of the Judicial Proceedings.

The Customer  undertakes to pay CLAIM ASSISTANCE the amount of the commission  determined at Article 5 hereof (24% inclusive of tax) if he obtains payment of the Compensation through a prior request or through a competing company, in the event that the payment of the Compensation occurs after the mailing of the referral to the competent Court.

The Client is responsible for the accuracy of the bank details which he/she will transmit to CLAIM ASSISTANCE or the Lawyer for the payment of the sums due to him/her.

If the Client has made a request for more than one passenger, only one bank account may be registered on the  User’s Account. The Compensation will be paid into this bank account and the Client will be solely responsible for the distribution of the sums to the other passengers. The reference of this bank account may be changed by the Client at any time prior to the payment of the Compensation.

ARTICLE 5 PRICE

CLAIM ASSISTANCE’s Commission is calculated as a percentage of the amount of Compensation received by the Customer.

The commission is calculated as follows:

  • 18% (inclu. VAT) of the Compensation received by the Client in case of Amicable Recovery, before Mediation and any Judicial Proceedings.
  • 24% (inclu. VAT) of the Compensation received by the Client in the event of resolution during the compulsory Mediation procedure, prior to the Lawyer’s involvement.
  • 24% (inclu. VAT) of the Compensation the Airline is ordered to pay to the Client by the Court in the event of Judicial Proceedings, excluding the costs of proceedings under Article 700 of the French Code of Civil Procedure.
  • 24% (inclu. VAT) of the Compensation received directly by the Client in the event of an Amicable Resolution of the claim, occurring after the beginning of the Judicial Proceedings but before the decision of the competent Court is rendered.

It is specified that the amount of these commissions do not include:

  • 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 and deducted from the Compensation received on behalf of the Client in case of Amicable Recovery, Mediation or by the Lawyer 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% (inclu. VAT) of the sums claimed to the Airline when only the Amicable Recovery Procedure has been initiated
  • 24% (inclu. VAT) of the sums claimed to the Airline when the Mediation procedure or the Judicial Proceedings have been initiated.

The commission due to CLAIM ASSISTANCE in such cases shall be paid within eight (8) days following the mailing of the termination letter.

If the Compensation is recovered by a company other than CLAIM ASSISTANCE or by a prior or parallel request from the Customer, a third party or by any other means, the Customer undertakes to pay CLAIM ASSISTANCE for the steps taken. The Customer agrees to compensate CLAIM ASSISTANCE : 

  • Up to 18% (incl. VAT) of the sums claimed from the Airline Company when the Compensation is obtained during the Amiable Procedure conducted by CLAIM ASSISTANCE.  
  • Up to 24% inclusive of tax of the sums claimed from the Airline Company when the Compensation is obtained during the Mediation procedure led by CLAIM ASSISTANCE or during the Judicial Procedure led by the Lawyer.

ARTICLE 6 RIGHT OF WITHDRAWAL

In accordance with Article L. 121-21 of the French Consumer Code, the Client has a right to withdraw from the Contract within fourteen (14) days from 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.

To withdraw from the Contract, the Client must fill in the withdrawal form attached to the present GTC.

If the Customer decides to withdraw his/her Contract after the withdrawal period, he undertakes to compensate CLAIM ASSISTANCE in accordance with the amounts defined in Article 5 hereof.

ARTICLE 7 OBLIGATIONS OF CLAIM ASSISTANCE

CLAIM ASSISTANCE undertakes to carry out its debt recovery mission with prudence, diligence and in a relevant and loyal manner in compliance with the regulations in force.

CLAIM ASSISTANCE acknowledges that it has taken out an insurance policy  covering the Client against the pecuniary consequences of the professional civil liability  that may incur as a result of its responsibility and that it has a bank account exclusively allocated to receive the funds collected on behalf of its Clients.

The Client acknowledges that the contractual obligations of CLAIM ASSISTANCE are only obligations of means and that CLAIM ASSISTANCE cannot guarantee the success of the Amicable Recovery Procedure or the Mediation or the Judicial proceedings.

CLAIM ASSISTANCE cannot be held liable for any contingencies that may arise in connection with the Client’s claim for Compensation.

CLAIM ASSISTANCE is obliged to guarantee the protection of the Client’s personal data in accordance with the legal provisions set out in Article 12 hereof.

ARTICLE 8 OBLIGATIONS OF THE CLIENT

General Obligations of the Client

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

When the Client is a minor, he/she can be represented by his/her legal representative.

If the Client completes a form in the name and on behalf of a third party, he/she is irrefutably deemed to have received a proxy from the third party to enter into a contract with CLAIM ASSISTANCE. The Client is therefore deemed to represent the persons in whose name and on whose behalf he/she has submitted the claim for compensation and to be the sole contact person for CLAIM ASSISTANCE concerning the execution of the Contract. The Client undertakes to provide all information requested by CLAIM ASSISTANCE and to upload all required documents to the Personal Area provided by CLAIM ASSISTANCE. He/she is solely responsible for forwarding the information received by CLAIM ASSISTANCE or by the Lawyer to the other persons involved in the claim.

The Client’s duty to inform CLAIM ASSISTANCE

The Client undertakes to transmit any documents or information requested by CLAIM ASSISTANCE or by the Lawyer as soon as possible and guarantees that the information transmitted is real, accurate, authentic and not misleading.

As soon as the Client accepts the GTC, the Client undertakes to provide CLAIM ASSISTANCE with a copy of all his/her exchanges with the Airline.

The Client must also notify CLAIM ASSISTANCE of any changes that could positively or negatively affect the Amicable Debt Collection, the Mediation or the Judicial Proceedings, especially :

  • Any transaction with the Airline
  • Parallel amicable or judicial action without the express agreement of CLAIM ASSISTANCE
  • The opening of collective proceedings relating to the claims entrusted within the scope of the Power of Attorney
  • Any offers of vouchers
  • Any disputes

The Client undertakes to inform CLAIM ASSISTANCE of any action taken beforehand to collect his/her debt and refrains from interfering in the recovery procedure by contacting the Airline directly, or by mandating any third party to conduct the recovery.

In general, the Client undertakes to cooperate with CLAIM ASSISTANCE and with the Lawyer in the context of the Amicable Procedure, the Mediation or the Judicial Proceedings.

If the Client wishes to stop the procedure, he undertakes to notify CLAIM ASSISTANCE as soon as possible and to pay the costs set out in Article 5 of these GTC. If Judicial Proceedings have been initiated, the fee agreement concluded with the Lawyer will specify the sums to be reimbursed in the event of discontinuation.

The Customer undertakes to inform CLAIM ASSISTANCE of any previous exchanges and discussion with the Airline Company. He/she undertakes not to continue these exchanges and to inform CLAIM ASSISTANCE of any attempt of contact made by the Airline Company after CLAIM ASSISTANCE has been assigned the case.

If the Customer reaches an agreement with the Airline and accepts any other means of Compensation (voucher, loyalty points, free airline ticket, etc.), he/she undertakes to compensate CLAIM ASSISTANCE in accordance with the conditions contained at Article 5 of the present General Terms and Conditions.

The Customer also undertakes to inform CLAIM ASSISTANCE of any current claim for Compensation made by his/her own means, through another company or a third party or any other means whatsoever.

The Customer undertakes not to make any other claims in parallel, relating to the same flight, after having signed the Mandate in favor of CLAIM ASSISTANCE.

ARTICLE 9 END OF THE CONTRACT

End of the Contract following the payment of the Compensation

The Contract is concluded for an unlimited period of time and ends when the Compensation paid by the Airline is transferred to the Client by CLAIM ASSISTANCE after the deduction of all applicable fees, excluding cases of termination or withdrawal.

 

Termination of the Contract by either Party

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

  • Revision of case law or precedent
  • Change of legislation
  • Insolvency proceedings initiated against the Airline
  • Loss or destruction of evidence
  • Proof of extraordinary circumstances provided by the Airline or by CLAIM ASSISTANCE
  • Discovery of the ineligibility of the claim after the beginning of the procedure

CLAIM ASSISTANCE undertakes to inform the Client of the termination by email with acknowledgement of receipt and to provide the reasons for the termination. The termination will take effect upon receipt of the email or when this information appears in the Client’s Personal Area. CLAIM ASSISTANCE shall bear all costs incurred up to this point. All costs incurred up to that point remain the responsibility of CLAIM ASSISTANCE, except in the event of a breach of the obligations as defined by the present GTC by the Customer. In such a case, the Customer will be liable for the sums defined in Article 5 hereof.

The Client may also terminate the Contract unilaterally. In this case, the customer shall be liable for the sums specified in Article 5 of these GTC.

If the Parties disagree as to the decision to be taken in the context of an amicable settlement proposal from the Airline, the Contract may be terminated by the Party in favour of the proposed payment.

If the Client accepts the settlement proposal from the Airline against the advice of CLAIM ASSISTANCE, the Client shall be liable for the costs incurred by CLAIM ASSISTANCE from the time the claim was made until the Client accepts the proposal. The Client shall therefore pay CLAIM ASSISTANCE :

  • A commission of 18% (incl. VAT) if the offer is made during the Amicable Debt Collection Procedure.
  • A Commission of 24% ( incl. VAT) if the offer is made during the Mediation procedure or during the Judicial Proceedings.

If CLAIM ASSISTANCE accepts the settlement proposal made by the Airline, CLAIM ASSISTANCE will retain 18% (incl. VAT) of the amount of Compensation offered by the Airline.

Termination of the contract is automatic in the following cases:

  • In the event of serious breach by one of the Parties of its contractual obligations, and after formal notice sent by registered letter with acknowledgement of receipt and remained without effect for fourteen (14) days;
  • When the Client refuses the Lawyer appointed by CLAIM ASSISTANCE to pursue the legal recovery of the Compensation and when CLAIM ASSISTANCE does not agree to pay the fees of the Lawyer chosen by the Client.

In such cases of automatic termination, Article 5 of the GTC shall apply.

In the event of the death of the Client, the Power of Attorney is transferred directly to his/her heirs, who may terminate it.

ARTICLE 10 CLAIM ASSISTANCE’S LIABILITY

The obligation of CLAIM ASSISTANCE is only an obligation of means.

CLAIM ASSISTANCE undertakes to do its utmost to obtain compensation from the different Airlines, but cannot guarantee the outcome of the Amicable Debt Collection, the Mediation or the Judicial Proceedings.

Thus, CLAIM ASSISTANCE will not be held responsible for the refusal of payment of the Compensation by the Airline or for an unfavourable court decision rejecting the request for Compensation.

CLAIM ASSISTANCE cannot be held responsible for the delayed response of Airline Companies, delays in court hearings, delays in rendering legal decisions, delays in payment from Airline Companies and delays from banks. In general, CLAIM ASSISTANCE cannot be held responsible for the delays or failures in Compensation claims submitted to the Airlines.

Consequently, the Client may not claim any Compensation from CLAIM ASSISTANCE.

CLAIM ASSISTANCE shall not be liable for any failure to perform or improper performance of its obligations due either to the fault of the Client, or to the insurmountable and unforeseeable act of a third party to the Contract, or to a case of force majeure.

CLAIM ASSISTANCE cannot be held liable for the use that is made of the Services, for direct or indirect damage caused to the Client or to third parties, nor even for direct or indirect damage caused to the software (software, data, programs, files…) or hardware (hardware, cable, network…) of the Client or third parties.

CLAIM ASSISTANCE cannot be held liable for the unavailability of its Website or its Services as a result of force majeure as defined by the law, nor for unavailability due to external factors beyond the control of CLAIM ASSISTANCE.

CLAIM ASSISTANCE cannot be held liable and no Compensation can be claimed in the event of failure to return, disappearance due to fire, loss or any other cause resulting from a case of force majeure of the documents which have been transferred to CLAIM ASSISTANCE.

ARTICLE 11 COMPLAINTS

Any complaints and/or disputes from the Client against CLAIM ASSISTANCE must be submitted (with an explanation) exclusively by email to contact(at)refundmyticket.net.

 

ARTICLE 12 PROTECTION OF PERSONAL DATA

In application of the French Data Protection Law of 6 January 1978, the Law of 20 June 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data, the personal information requested from the Client is necessary for the proper processing of the Claim for Compensation and is intended for the Services of CLAIM ASSISTANCE and its partners. It is adequate, relevant and not excessive with regard to the purposes for which it is collected. This information is strictly confidential and is treated in a fair and lawful manner.

The Client hereby consents to the automated processing of the personal data he/she has provided to CLAIM ASSISTANCE. 

The Client has the right to access, correct, delete and limit all personal data concerning him/her. This right can be exercised by sending an email to the following address: contact(at)refundmyticket.net.

CLAIM ASSISTANCE keeps all data transmitted for a period not exceeding the time required for the purposes for which they are collected and processed.

The databases through which the company CLAIM ASSISTANCE carries out automated processing of personal data are declared to the CNIL under the number 185767 V 0.

By providing CLAIM ASSISTANCE with his/her personal data, the Client authorises their use as part of this Contract.

In order to guarantee the security of the personal data provided by the Client, the Client must comply with the following security rules recommended by the CNIL: 

  • Report to the IT department any suspected violation or attempted violation of his/her computer account and, in general, any malfunction;
  • Never communicate his / her password to third parties; 
  • Never keep passwords in a clear file, on paper or in a place easily accessible by other people;
  • Never save passwords in his/her browser without a master password – Never use passwords with a link to oneself (name, date of birth, etc.) – Never use the same password for different accesses;
  • Never keep the default passwords;
  • Not to install, copy, modify or destroy software without authorization;
  • Lock his/her computer as soon as he/she leaves his/her workstation;
  • Not to access, attempt to access, or delete information if this is not part of the user’s duties;
  • Respect the procedures defined in advance by the organisation in order to supervise the copying of data onto removable media, in particular by obtaining the prior agreement of the hierarchical superior and by respecting security rules.

The Client also authorises the use of personal data for marketing targeting, statistics, and in general for the commercial exploitation of a behaviour.

Clients may oppose the receipt of marketing documents by clicking on the link available at the bottom of the email or by sending an email to the following address: contact(at)refundmyticket.net.

It is also possible for the Client to lodge a complaint with the CNIL in the event of a violation of the protection of his personal data by CLAIM ASSISTANCE.

ARTICLE 13 INTELLECTUAL PROPERTY

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

CLAIM ASSISTANCE has the exploitation rights to all these elements.

CLAIM ASSISTANCE is therefore the owner of all copyrights relating to mail and copies thereof sent to the Airlines.

CLAIM ASSISTANCE does not hereby transfer any ownership rights to the mail and any other documents sent to the Airlines and to the Parties.

CLAIM ASSISTANCE’s correspondence and all the content of the Website (text, graphics, logos, buttons, images, icons and software components) are its exclusive property.

The Client is strictly prohibited from reproducing, representing or distributing, even partially, any particular element that is an integral part of the Website. 

The Client is also obliged not to reproduce or disseminate the paper and electronic mail templates designed by CLAIM ASSISTANCE and sent to the Client during the execution of the Contract.

 

ARTICLE 14 APPLICABLE LAW AND JURISDICTION

The Parties agree that this Agreement is subjected 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

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

To CLAIM ASSISTANCE

19, rue Honoré d’Estienne d’Orves, 93500, Pantin FRANCE

Email contact(at)refundmyticket.net

I hereby notify you of my withdrawal from the contract concerning the claim for compensation submitted on your website on ……………………….., confirmed by email on ……………….. and for which a Power of Attorney on behalf of CLAIM ASSISTANCE was signed on …………………………… .

Name of the Client(s):

Address of the Client(s):

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

Date: