Terms And Conditions
§1 Definitions
ReFly Terms and Conditions
These are the Terms and Conditions of ReFly services. Unless the context of the Services’ Terms and Conditions requires otherwise, the capitalized terms used in these Terms and Conditions of Services (“T&C”) will have the meanings indicated below:
“Agreement” refers to the contract between the Client and ReFly. This agreement is concluded after the Client has read and accepted the T&C, and it can be signed electronically or in writing. Under this Agreement, the Client transfers full ownership and legal title of their monetary claim according to Regulation (EC) No 261/2004 of the European Parliament and the Council of 11 February 2004 or under any other international or national regulation applicable to the Client. This includes claims related to denied boarding, flight cancellations, or long delays, as well as claims for lost or damaged baggage. This transfer encompasses all related amounts, taxes, and other fees.
In cases where the Assignment agreement (form) is invalid or cannot be considered valid in a specific jurisdiction (country), the Agreement between the Client and ReFly will be treated as a contract for services. Under this contract, ReFly administers the Client’s Assignment and undertakes to organize and finance the collection of the Assignment and execute all other actions related to the Agreement.
“Claim” denotes any monetary compensation claim against a flight operating carrier (airline) according to Flight Compensation Regulation.
“Client” means a person who has signed the Agreement, accepted the T&C, and seeks Flight Compensation with the assistance of ReFly.
“Electronic Identification Regulation” refers to Regulation (EU) No 910/2014 of the European Parliament and the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market, repealing Directive 1999/93/EC.
“Flight Compensation Regulation” stands for Regulation (EC) No 261/2004 of the European Parliament and the Council of 11 February 2004, which establishes common rules on compensation and assistance to passengers in cases of denied boarding, flight cancellations, and long flight delays. This also includes any other international or national regulations applicable to the Client in another country.
“Flight Compensation” is the total amount paid by a flight operating carrier as compensation, settlement, or goodwill gesture in relation to a Claim. This encompasses all additional expenses compensated to the Client or ReFly by the operating carrier. It is crucial to note that legal fees, court fees, collection costs, interest, penalties, or similar expenses incurred during the collection process are not part of Flight Compensation. These expenses are covered by ReFly and must be refunded for the benefit of ReFly.
“Price List” is detailed in Annex No 1 to these T&C and specifies the amounts of ReFly’s remuneration.
“Privacy and Data Protection Requirements” cover all applicable laws and regulations related to personal data processing and privacy. This includes guidance and codes of practice issued by relevant supervisory authorities, if any, and their equivalents in any relevant jurisdiction.
“Legal Proceedings” refer to the process in which ReFly files a Claim with a court, alternative dispute resolution institutions, aviation regulatory agencies, consumer protection agencies, governmental bodies, or hands over the Claim to a contracted legal representative, such as an attorney or law firm.
“ReFly” denotes a legal entity ReFly.org,
These definitions apply to any document or transaction related to these T&C when concluding and performing them.
§2 Agreement
The foundation for any further agreements between the Client and ReFly is the acceptance of these Terms and Conditions (T&C) by the Client.
In an effort to streamline the agreement process, ReFly employs an online authentication service for advanced electronic signatures. This service aligns with the requirements specified in Article 26 of the Electronic Identification Regulation, which is internationally recognized and accepted even in legal contexts. This approach eliminates the need for the Client to print, physically sign, and return the Agreement via registered mail.
When entering into an Agreement, the Client affirms their authorization and legal capacity to execute documents that bind both ReFly and the Client. Alternatively, if applicable, the Client acknowledges their right to sign on behalf of another individual, such as a child.
The Client further assures that the Assignment of Flight Compensation has not been transferred to third parties, and there are no pending or anticipated legal disputes between the Client and the flight operating carrier regarding the same matter. The Client understands that, by making this Assignment, they are precluded from entering into similar agreements or engaging with companies competing with ReFly on behalf of the Client’s interests or pursuing legal actions related to the Flight Compensation.
The Client commits to providing ReFly with all the necessary data and information required for the collection of Flight Compensation from the flight operating carrier.
ReFly exclusively accepts Flight Compensation and does not consider travel vouchers or other services offered by the flight operating carrier.
By signing the Agreement and agreeing to the T&C, the Client affirms that they will not initiate direct contact with the operating carrier or accept payments from them.
The Client acknowledges that the T&C represent a genuine expression of their will and are to be upheld by flight operating carriers. The Client and ReFly agree that any payments related to Flight Compensation made by operating carriers under ReFly’s Claims should be directed to bank accounts owned by ReFly or other bank accounts agreed upon by ReFly and the Client.
The Client also consents to ReFly providing assistance in the exercise of their right to defend and collect the Flight Compensation.
§3 Following the Claim
Clients can initiate a Claim by providing flight data through ReFly’s website, mobile app, email, or other electronic means supported by ReFly. Upon receiving this data, ReFly will assess the potential success of the Claim based on the provided flight information.
It’s important to note that the assessment results are not legally binding and do not guarantee the successful enforcement of the Claim.
After the Agreement is established, ReFly will engage with the flight operating carrier to reach a settlement and prevent the need for Legal Proceedings.
In cases where the flight operating carrier declines to fulfill the Claim after ReFly’s efforts, ReFly, at its discretion, may choose to initiate Legal Proceedings to pursue the Claim. This may also be done in cases where ReFly believes that Legal Proceedings would expedite the recovery of Flight Compensation more effectively.
During Legal Proceedings, ReFly’s legal representative will have access to all data provided by the client. If additional documents are required to confirm the legal representative’s authority, the client will provide these documents promptly with guidance from ReFly. In cases where it is necessary for the legal representative (e.g., an attorney at law) to submit the Claim on the client’s behalf, the client and the legal representative will enter into an agreement. The client’s monetary claim will then be reassigned back to them from the moment this agreement is finalized. In such a scenario, the client and ReFly will settle matters according to the terms and conditions outlined in these T&C and any other agreements in place.
If, following an assessment of the Claim’s merits, the legal representative deems that pursuing the Claim through Legal Proceedings is unlikely to succeed, the client will be informed. In such cases, ReFly discontinues the Claim, and full ownership and legal title of the Assignment are automatically returned to the client without the need for additional agreements.
When Legal Proceedings are initiated to pursue the Claim, the client is relieved of any costs incurred if the Claim is not upheld. If Legal Proceedings result in success or settlement, ReFly covers any costs not borne by the respective flight operating carrier. If the Claim is successful, and the client receives the Flight Compensation, any costs incurred by ReFly and claimed from the flight operating carrier will be paid to ReFly as agreed.
Both the client and ReFly acknowledge that ReFly has the sole discretion to accept or reject any settlement offer based on its experience with the respective flight operating carrier. The Agreement provides a legal basis for this discretion to be effective. The client retains the right to revoke this acknowledgment at any time and terminate all legal connections with ReFly in accordance with the procedures outlined in the T&C.
Clients should be aware that the process of handling Claims may take a significant amount of time, and ReFly cannot control the speed at which Claims are pursued.
§4 Payments and Fees
For successful settlement related to Assignments, as detailed in these Terms and Conditions, it is imperative that the Flight Compensation has been received and duly paid into either ReFly’s or the Client’s bank account. Once the Flight Compensation is confirmed, ReFly and the Client will follow the stipulated settlement procedure outlined in the T&C.
ReFly diligently pursues the Claim without any charges. In the event of a successful Claim and the subsequent receipt of Flight Compensation, the agreed portion of the compensation will be transferred to the Client, in accordance with the terms and conditions specified in the Price List. Additionally, ReFly and the Client have the flexibility to mutually agree upon an alternative remuneration amount and payment terms.
If ReFly does not reach a settlement agreement with the flight operating carrier concerning the Claim, or if it deems that Legal Proceedings would expedite the recovery of Flight Compensation more efficiently, ReFly retains the right to initiate legal action. This action results in an increased portion of the Flight Compensation allocated to ReFly, as indicated in the Price List.
The Client acknowledges the possibility of setting off counter-claims as part of the Agreement.
In cases where the Client knowingly provides inaccurate or incomplete data, leading to additional costs for ReFly, the Client is responsible for reimbursing these costs.
Given that ReFly’s registered office is located in Hong Kong, the application of value-added tax (VAT), if relevant, complies with Hong Kong legal regulations and the applicable tax rate.
In the situation where the Client offers incorrect or insufficient information required for the receipt of Flight Compensation, and if this results in the return of funds to ReFly, ReFly is authorized to deduct any additional expenses incurred. Should the Client fail to correct or provide the necessary information after reminders and reasonable attempts by ReFly, ReFly may retain the portion that was intended for the Client.
In the context of SEPA accounts, all payments are made via bank transfer. In the case of international transfers to the Client, any associated bank fees are deducted from the Client’s share of the Flight Compensation.
To streamline financial processes and reduce banking costs, in scenarios involving shared bookings or other similar situations (e.g., parents receiving compensation on behalf of their children), ReFly transfers all payments to a single designated account, with the consent of the Client or upon the Client’s specific instruction. In such cases, the individual responsible for distributing the funds to the intended recipients must facilitate the disbursement, with ReFly assuming no responsibility for any potential non-payment.
ReFly bears no responsibility in cases of lost checks, prepaid debit cards, credit cards, or similar payment methods, and it disclaims any liability for issues arising from the Client providing inaccurate bank account information.
Whenever necessary, ReFly provides electronic invoices or other required documents via email.
ReFly absolves itself of any liability in situations where it is unable to disburse the agreed Flight Compensation due to circumstances beyond its reasonable control. These circumstances may encompass strikes, labor disputes, acts of nature, war, civil unrest, compliance with legal mandates or governmental orders, and regulatory changes, among others.
Payments of Flight Compensation and other related amounts are strictly disbursed by ReFly to the final beneficiaries with rightful claims to Flight Compensation. ReFly refrains from making payments to intermediaries, agencies, representatives, or any third parties unless they can unequivocally prove in writing their authority to accept payments on behalf of the final beneficiary. In cases of uncertainty concerning the right to receive payments, ReFly reserves the right to request additional verification of the payee’s authority and may unilaterally decline direct payments to such individuals.
§5 ReFly Client Cooperation Guidelines
Prior to availing ReFly’s services, the Client assures that they have not transferred the Assignment through any other means or enlisted a third party to pursue the Claim.
The Client is responsible for providing ReFly with accurate, complete, and truthful data and information pertaining to the Claim. Failure to do so may result in the Client indemnifying ReFly against any claims arising from erroneous information or inadequate cooperation.
The Client commits to supplying ReFly with all necessary data and documents for the processing of the Claim. These may include identity documents, boarding passes, delay notifications, and any correspondence with the flight operating carrier, as required.
If, after engaging ReFly’s services, the Client receives any form of Flight Compensation (e.g., a flight voucher) from the flight operating carrier, the Client must promptly notify ReFly. In such cases, the Client is obliged to remunerate ReFly, as specified in Section 3.2 or 3.3, within ten (10) days from the receipt of the Flight Compensation from the flight operating carrier. Payment should be made to the bank account provided on ReFly’s website or any other account specified by ReFly in writing.
In the event that the Client provides inaccurate or incomplete data, or withholds information about receiving Flight Compensation from the flight operating carrier for the same Claim, and ReFly is unable to recover the Flight Compensation or mitigate losses through Legal Proceedings, ReFly retains the right to assert its claim against the Client for any damages incurred.
§6 ReFly Termination and Withdrawal Policy
Termination of the Agreement may occur under the following circumstances:
- ReFly reserves the right to terminate the Agreement if, following an in-depth assessment, it is determined that the Claim is unlikely to succeed, with due notice provided to the Client.
- Termination may also be initiated by ReFly in the case of the Client’s submission of incorrect data, provision of misleading information, or engagement in fraudulent activities.
- The Client has the option to terminate the Agreement within 14 (fourteen) days of its conclusion without specifying reasons. A withdrawal notice should be sent via email.
If the Client chooses to terminate the Agreement after the commencement of contractual work or after ReFly and/or its legal representatives have initiated Legal Proceedings, ReFly reserves the right to charge the Client for administrative expenses and other related costs. These expenses encompass court fees, service charges, bailiff’s fees, extrajudicial costs, authorized representative fees, additional fees, and other pertinent expenses. The Client is expected to settle these amounts, as detailed in this section, within ten (10) days upon receiving ReFly’s invoice.
In the event that the Client is classified as a consumer according to EU consumer regulations, operating outside the realm of business, they possess the statutory right to withdraw from the Agreement while also reclaiming full ownership of their Assignment. The Client can initiate the Agreement’s termination by serving a written notice to ReFly at least five (5) days in advance. Upon such termination by the Client, ReFly has the entitlement to seek reimbursement for incurred costs.
§7 ReFly Price List
Payment Framework The Price List contains detailed explanations of all capitalized terms and pertains to payments linked to the Flight Compensation Regulation. Any other services provided by ReFly will be subject to separately agreed-upon terms.
No Submission Fee ReFly’s pursuit of your Claim is entirely free of charge. There are no fees if the Flight Compensation is not successfully recovered from the airline.
ReFly Remuneration Upon the successful recovery of your Flight Compensation, an agreed-upon portion will be deducted from the compensation paid by the airline. The specific remuneration structure is as follows:
- For flights of 1,500 km or less, where you are entitled to a Flight Compensation of 250 EUR, ReFly’s remuneration is 99.25 EUR, inclusive of applicable VAT.
- For intra-Community flights exceeding 1,500 km and flights between 1,500 km and 3,500 km, where you are entitled to a compensation of 400 EUR, ReFly’s remuneration is 158.80 EUR, including applicable VAT.
- For all other flights not mentioned above, where you are entitled to a compensation of 600 EUR, ReFly’s remuneration is 238.20 EUR, including applicable VAT.
- If your entitled Flight Compensation varies, ReFly’s remuneration will be 39.7% of the received Flight Compensation, inclusive of applicable VAT.
Legal Proceedings In cases where an agreement with the airline cannot be reached or when the Flight Compensation recovery process would be expedited through legal action, ReFly will initiate Legal Proceedings and be entitled to an increased remuneration to cover additional costs associated with the Legal Proceedings, including court fees, translation costs, attorney fees, and administrative expenses.
ReFly Remuneration for Legal Proceedings:
- For flights of 1,500 km or less, where you are entitled to a Flight Compensation of 250 EUR, ReFly’s remuneration is 125 EUR, including applicable VAT.
- For intra-Community flights exceeding 1,500 km and flights between 1,500 km and 3,500 km, where you are entitled to a compensation of 400 EUR, ReFly’s remuneration is 200 EUR, including applicable VAT.
- For all other flights not mentioned above, where you are entitled to a compensation of 600 EUR, ReFly’s remuneration is 300 EUR, including applicable VAT.
- If your entitled Flight Compensation varies, ReFly’s remuneration will be 50% of the received Flight Compensation, inclusive of applicable VAT.
§8 ReFly Concluding Provisions
ReFly Concluding Provisions
1. The laws of Hong Kong the T&C, the Agreement, and any other documents related to the T&C and the Agreement, unless otherwise specified in particular documents. In cases where the Client is a consumer, they also retain the right to seek protection under mandatory provisions outlined in the laws of their country of residence.
2. ReFly reserves the authority to modify the Terms and Conditions (T&C) and introduce additional terms at any time, without prior notice. However, ReFly will make reasonable efforts to keep the Client informed of any such changes. If any of these alterations are unfavorable from the Client’s perspective, the Client must consent to these modifications for the amended T&C to be applicable to their specific situation.
3. In instances where the Client is a legal entity, they ensure and declare that:
– The personal data provided to ReFly has been and will continue to be collected and furnished in accordance with the Privacy and Data Protection Requirements.
– For the purposes of this Agreement, ReFly acts as a data processor, rather than a data controller (as defined under the Privacy and Data Protection Requirements), with respect to all data processing activities conducted under this Agreement.
4. ReFly will exclusively utilize the Client’s personal data, as well as that of its employees if applicable, for the purpose of enforcing the Claim. A comprehensive understanding of the methods and parameters of data collection, storage, and utilization can be found in ReFly’s privacy policy.
5. Any dispute, controversy, or claim arising from or related to the T&C, including its breach, termination, or validity, will be definitively resolved in the appropriate court within Hong Kong, in accordance with the rules of jurisdiction, unless mandatory legal provisions dictate otherwise.
6. Should any provision of the T&C be deemed illegal, invalid, or unenforceable by a court or arbitral tribunal, the remaining provisions of the T&C shall remain fully effective. If a provision is determined to be illegal, invalid, or unenforceable only in part or to a certain extent, it will remain fully effective to the extent it is not deemed illegal, invalid, or unenforceable. ReFly will revise the T&C by replacing such illegal, invalid, or unenforceable provisions with legal, valid, and enforceable clauses that align as closely as possible with the intentions of ReFly and the Client. ReFly will exert its best efforts to ensure the full implementation of all provisions herein.
7. In the event of any discrepancies between the English version of the T&C and any other language, the English text will take precedence.
