Article 1: Definitions

The following definitions are used in these general terms and conditions: Airline-Refund B.V. (and hereinafter referred to as Airline-Refund), registered with the trade register under number 68162715, with its registered office in Amsterdam;

  1. Claim: claim by a client on the basis of legislation and regulations, including Regulation (EC) No. 261/2004 and case law, the Convention for the Unification of Certain Rules for International Air Transport of 1999 (Montreal Convention), or Regulation (EC) No. 889/2002. Or a claim on the train operator on the basis of Regulation (EC) No. 1371/2007.
  2. Client: the client of Airline-Refund. The client is also the contact person for Airline-Refund.
  3. Airline: a company that has offered or intended to offer passenger transport by air to the client; the operating airline.
  4. Airline-Refund B.V.: contractor.
  5. Baggage-Refund.com: trade name of Airline-Refund.
  6. Train-Refund.com: trade name of Airline-Refund.
  7. ‘No cure, no pay’: the rate charged by Airline-Refund to the client when the client's claim is successfully collected, after Airline-Refund has received the order from the client.
  8. Agreement: after the client has accepted the contract for services and general terms and conditions of Airline-Refund and the contractor has accepted the order from the client, an agreement will be celebrated between the client and Airline-Refund, in order to represent the client. For this purpose, the client grants Airline-Refund an order and/or power of attorney to claim and collect the statutory compensation from the airline company.
  9. The extrajudicial and amicable phases: the extrajudicial phase means that Airline-Refund will, at its discretion, correspond with the airline in order to claim and collect the claim on behalf of the client. The amicable phase means that Airline-Refund, on behalf of the client, enforces payment of the claim, at its discretion, with the airline, through an amicable settlement, whether or not through a legal partner.
  10. If the claim is not collected in the extrajudicial phase, Airline-Refund will, at its discretion, assess whether it will start an amicable phase. The amicable phase is understood to mean the preparation and dispatch of reminders and summons letters at the discretion of Airline-Refund, whether or not through a legal partner.
  11. The judicial phase: the judicial collection of the claim by and/or on behalf of Airline-Refund, in its own name, or on behalf of the client including (but not limited to) conducting (settlement) negotiations with the airline, reaching (or having reached) an amicable arrangement with the airline, drawing up a summons, issuing the summons and/or conducting legal proceedings against the airline. If the claim is not collected in the extrajudicial and/or amicable phase(s), Airline-Refund will, at its own discretion, assess whether it will start a judicial phase.
  12. In writing is understood to mean both by letter and digitally, per message, email, but is not limited to this.

Article 2: General

  1. A reference to 'Airline-Refund' in these terms and conditions also includes Baggage-Refund.com and Train-Refund.com. This means that these terms and conditions apply mutatis mutandis to agreements, irrespective of their nature, concluded with Baggage-Refund.com and/or Train-Refund.com. In the case of an agreement with Train-Refund.com, the airline in the applicability of these general terms and conditions shall be understood to mean the train operator.
  2. With the exception of the parties expressly deviating from these general terms and conditions in writing, these general terms and conditions apply to and form part of every quotation, offer, and agreement between the client and Airline-Refund.
  3. Airline-Refund reserves the right to make changes to these general terms and conditions, except as stipulated in article 6: 236 sub i of the Dutch Civil Code.
  4. In case of a clause or several clauses from these general terms and conditions that are voidable, non-binding or void, this (affected) clause does not affect the validity of the other provisions of these general terms and conditions. Airline-Refund has the right to replace a voidable, non-binding or void clause with a clause that is as close as possible to the scope of the affected clause(s).
  5. If Airline-Refund engages third parties in the performance of the agreement, entirely at its own discretion, these general terms and conditions also apply to these third parties.
  6. These general terms and conditions apply to the exclusion of any other (general) terms and conditions.

Article 3: Agreements

  1. Every offer, regardless of the type, is without obligation and is only an invitation to enter into an agreement, unless otherwise indicated by Airline-Refund.
  2. These general terms and conditions apply to all agreements between the client and Airline-Refund. These general terms and conditions have also been made for the benefit of persons who work or have worked in any way whatsoever for Airline-Refund.
  3. All orders are accepted and executed exclusively by Airline-Refund on the basis of an agreement of assignment/order, in which Airline-Refund is the contractor and client the customer. An agreement of assignment is only realised if it has been accepted in writing by Airline-Refund. Moreover, the agreement between the client and Airline-Refund will only be established at the moment that the claim is submitted by the client to Airline-Refund in accordance with the manner indicated on the website of Airline-Refund or by email and after these general terms and conditions and agreement of assignment have been accepted by the client.
  4. If Airline-Refund proceeds to handle the client's claim, after an additional investigation on (legal) feasibility, after submitting the claim of the client, via the website of Airline-Refund, or by email, Airline-Refund will make every effort to claim and collect the claim.
  5. If it appears that the client is not entitled to compensation after submission of the client's claim via the website of Airline-Refund, or by email, after additional research on (legal) feasibility, Airline-Refund has the right not to deal with the claim. The client will not owe any compensation to Airline-Refund, and Airline-Refund will not owe a fee to the client either; the agreement ends immediately.
  6. Airline-Refund gives no guarantees about (successfully) claiming and collecting the claim from the airline. Airline-Refund will keep the client informed about the developments via emails and/or messages in the customer account during the claim process. No rights can be derived from the advice from Airline-Refund. Airline-Refund is not liable for any consequences resulting from not (regularly) tracking messages from Airline-Refund, via the email and/or customer account.
  7. Airline-Refund is authorised to terminate the contract of assignment or claiming and collecting of the claim at any time, at its own discretion. Airline-Refund will inform the client if it intends or has decided to terminate the contract of assignment and will indicate the reason(s) thereof.

Article 4: Obligations of the client

  1. The client declares that the information provided to Airline-Refund is complete and truthful and that the client is not withholding any (relevant) information. The client must provide the required information and/or data when submitting the claim to Airline-Refund or afterwards to Airline-Refund (by email/post).
  2. Since the correspondence between the client and Airline-Refund is mainly by email, the client must provide an operating email address to Airline-Refund. Airline-Refund is not liable or responsible for the damage and/or other disadvantage as a result of providing incorrect and/or incomplete information and/or data to Airline-Refund by the client.
  3. When approving the general terms and conditions and contract of assignment, the client declares that - provided the client has corresponded or communicated with the airline - that the correspondence/communications have been provided to Airline-Refund as soon as possible, or that they have been informed about this. In addition, the client provides clarity about any contact between the client and the airline and - and where possible - provides the correspondence/communication with the airline to Airline-Refund, at the request of Airline-Refund.
  4. The client must follow the directions/instructions/requests of Airline-Refund at all times. Airline-Refund is not liable for any form of damage and/or other disadvantage of the client resulting from not following the directions/instructions/requests of Airline-Refund (on time).
  5. The client is not authorised, on their own initiative, to make and/or maintain contact with the airline, after the agreement between the client and Airline-Refund has been established, unless deviated from this by express and written agreement by the client and Airline-Refund. Airline-Refund is not liable for any form of damage and/or other disadvantage of the client, as a result of the client's own actions or omissions, on the client's initiative, towards the airline.
  6. The client must inform Airline-Refund as soon as possible, but in any case within seven days, if there has been or if there still is contact between the client and the airline or the airline with the client, whether the initiative of the contact was with the airline or whether the initiative of the contact was with the client. If the client has received a message from the airline, the client must provide Airline-Refund with this message as soon as possible, in any case within ten days.
  7. The client must pass on changes in (contact) data, as well as personal data, after the agreement between the client and Airline-Refund has been concluded, as soon as possible, but in any case within ten days, in writing or by email to Airline-Refund. Airline-Refund is not liable for any form of damage and/or other disadvantage of the client, as a result of the client not passing on changes to Airline-Refund in (personal) data of the client (on time).
  8. With the exception of a prior explicit, written agreement between the client and Airline-Refund, the client is not authorised to transfer the claim to third parties after the conclusion of the agreement between the client and Airline-Refund.
  9. As soon as Airline-Refund proceeds to handle the claim on behalf of the client, the client will not submit the same claim simultaneously to several (commercial) (claim) parties, or submit it for consideration or to be assisted (legally) by several and/or other (commercial) parties.

Article 5: Payment

  1. The compensation received by Airline-Refund, which accrue to the client, after the compensation has been received by Airline-Refund, and after the correct and complete bank details of the client have been received by Airline-Refund, will be transferred within 14 working days to the client's specified (bank) account number. The client must provide Airline-Refund with their bank details, exclusively in writing or by email, including the (bank) account number and the associated ascription, and any additional bank details. The payment, per claim, can be transferred to one (bank) account number by Airline-Refund, irrespective of the number of passengers under the relevant claim. The condition is that the compensation can be linked to the correct claim, using the reference number and/or passenger name(s) of Airline-Refund; as long as there is no clarity about this, no payment will take place.
  2. Airline-Refund is not liable for any form of damage and/or other disadvantage as a result of the provision of incorrect and/or incomplete bank details by the client to Airline-Refund. Airline-Refund reserves the right to deduct transaction and/or bank charges and/or related costs from transfers to foreign (bank) account numbers from the amount of the claim to be paid out to the client.
  3. If no, incomplete and/or incorrect bank details of the client are known to Airline-Refund, after the client has been informed by Airline-Refund that the claim has been honoured and/or paid by the airline, Airline-Refund will contact the client at least five times at reasonable intervals and as soon as possible in various ways, in order to receive the correct/complete bank details of the client for payment. If Airline-Refund has repeatedly contacted the client, and no correct/complete bank details of the client have been obtained for payment, Airline-Refund is entitled to seize the entire amount, after one calendar year after receipt of the amount of the claim.

Article 6: Liability

  1. Any liability of Airline-Refund, its company/trade names, its employees, its auxiliary persons and (legal) persons with whom the contractor has entered into a partnership, except in case of gross negligence or intent or as described under paragraph 2, is excluded. This exclusion of liability includes, but is not limited to, all direct or indirect (direct) damage, (im)material damage, loss of profit, trading loss, loss of orders, consequential loss, in any way or for any reason whatsoever.
  2. Any liability of Airline-Refund, its company/trade names, is exclusively and strictly limited to the amount that has been or will be charged by Airline-Refund to the client.

Article 7: Indemnity

  1. The client indemnifies Airline-Refund against all claims/demands of third parties that have suffered and/or will suffer and/or will continue to suffer damage and/or other loss in connection with the execution of the agreement/services of Airline-Refund.
  2. The client indemnifies Airline-Refund against all claims/demands of third parties as a result of inaccurate and/or incomplete and/or untimely notifications and/or incorrect/incomplete information and/or fraudulent actions.

Article 8: Competent court and applicable law

Disputes arising from or related to the execution of the agreement/service provided by Airline-Refund or related thereto (directly or indirectly) shall exclusively be submitted to the competent Court of the Amsterdam District.

Dutch law applies exclusively to these general terms and conditions. Although these general terms and conditions are drawn up in Dutch and English, the Dutch version of these general terms and conditions is decisive in the event of a dispute concerning (the interpretation of) these general terms and conditions.