Terms and Conditions

Unless otherwise specified, the capitalized terms used in these Terms and Conditions (“T&C”) shall have the meanings provided below:

Definitions

“Agreement”

The agreement between the Client and FlightRefunder is concluded when the Client accepts these T&C and submits a request through the FlightRefunder website. The Agreement establishes that FlightRefunder facilitates the enforcement of monetary Claims pursuant to Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 (establishing common rules on compensation and assistance to passengers in the event of denied boarding, cancellation, or long delays) or other applicable international or national regulations.

Where necessary under jurisdictional constraints or by mutual agreement, the Agreement may include provisions to act on the Client’s behalf in facilitating Claim enforcement as a service contract.

For simplicity, the term “Agreement” combines aspects of assignment agreements and service contracts, unless otherwise specified.

“Claim”

Any monetary compensation claim against an airline pursuant to the Flight Compensation Regulation.

“Client”

A person who has accepted these T&C and engaged FlightRefunder’s services to pursue a Claim.

“Flight Compensation Regulation”

Refers to Regulation (EC) No 261/2004 or any other applicable international or national regulation that establishes rules on compensation and assistance to passengers in cases of denied boarding, cancellation, or long delays, as well as compensation for lost or damaged baggage.

“Flight Compensation”

The total monetary amount recovered from an airline as compensation, settlement, or gesture of goodwill in relation to a Claim. Flight Compensation excludes legal fees, court costs, collection costs, or any additional expenses paid by FlightRefunder or its partners. These costs, if incurred, are reimbursed exclusively to FlightRefunder or its partners.

“Price List”

An annex to these T&C specifying the remuneration amounts due to FlightRefunder or its partners.

“Privacy and Data Protection Requirements”

All applicable laws and regulations relating to the processing and protection of personal data, including any relevant supervisory authority guidance or codes of practice.

“Legal Proceedings”

The process whereby a Claim is escalated to a court, alternative dispute resolution institutions, regulatory agencies, or consumer protection bodies, or is transferred to a legal representative for further action.

“FlightRefunder”

A legal entity facilitating the enforcement of compensation Claims against airlines as an intermediary and service provider, based in Estonia under the legal entity INFINITO GROUP OÜ.

1. Agreement

1.1 The Client accepts these Terms and Conditions (“T&C”), which form the basis of any subsequent documents or agreements between the Client and FlightRefunder.

1.2 FlightRefunder uses an online authentication service for advanced electronic signatures that comply with the requirements of Article 26 of the Electronic Identification Regulation. This method is internationally recognized and accepted, including by courts. Therefore, the Client is not required to print, sign, or return the Agreement by registered mail.

1.3 By entering into this Agreement, the Client confirms that they:

• Have the legal authority and capacity to sign binding documents on behalf of themselves or, if applicable, another individual (e.g., a minor).

1.4 The Client confirms that:

• The Assignment of Flight Compensation has not been previously assigned to a third party.
• No other agreement related to the Flight Compensation has been concluded.
• No legal dispute is currently pending or expected with the flight operating carrier regarding the same matter.

By making the Assignment, the Client agrees not to enter into the same or similar agreements with any other entity, including companies competing with FlightRefunder, or to independently take legal action related to the Flight Compensation.

1.5 The Client undertakes to provide FlightRefunder with all necessary data and information required to facilitate the collection of the Flight Compensation from the airline.

1.6 FlightRefunder and its partners are authorized to accept only monetary Flight Compensation. Travel vouchers, discounts, or other non-monetary offers from airlines will not be accepted unless explicitly agreed otherwise.

1.7 By signing the Agreement and accepting these T&C, the Client agrees not to maintain direct contact with or accept payments directly from the airline without FlightRefunder’s prior approval.

1.8 The Client confirms that these T&C represent a true and binding expression of their intent and agrees to respect them. The Client further agrees that any Flight Compensation payments made by airlines in relation to Claims handled by FlightRefunder shall be directed to a bank account owned by FlightRefunder or another account mutually agreed upon.

1.9 The Client consents to FlightRefunder assisting and representing them in the collection of Flight Compensation, including exercising their rights and defending their interests in relation to the Claim.

2. Pursuing of the Claim

2.1
Flight data relevant to the Claim may be submitted to FlightRefunder via the FlightRefunder website, email, or any other supported electronic or software solutions. Upon receiving this data, FlightRefunder assesses the merits of the Claim to determine its potential for success. If the provided data is deemed sufficient, FlightRefunder’s partner service provider will execute all necessary actions to collect Flight Compensation in accordance with the Client’s signed and approved documents.

2.2
The result of the assessment mentioned in Section 2.1 does not constitute a binding statement or guarantee of successful enforcement of the Claim.

2.3
Once the Agreement is concluded, FlightRefunder’s partner service provider will contact the airline with the Claim to negotiate a settlement and avoid Legal Proceedings whenever possible.

2.4
If the airline refuses to satisfy the Claim after the partner service provider has contacted them, the provider may, at its sole discretion, initiate Legal Proceedings to pursue the Claim. Legal Proceedings may also be initiated if they are deemed more effective or quicker for recovering Flight Compensation.

2.5
During Legal Proceedings, the legal representative of the partner service provider will have access to all relevant data provided by the Client to pursue the Claim. If third parties require additional documents proving the representative’s authority, the Client agrees to provide such documents promptly under the guidance of the service provider.

If the successful recovery of the Flight Compensation requires the Claim to be pursued by a legal representative (e.g., an attorney) on the Client’s behalf, the Client agrees to sign a separate agreement with the legal representative. In such cases, the Client’s monetary Claim will be assigned back to the Client once the separate agreement is concluded, and the Client and the partner service provider will settle according to these T&C and/or any additional agreements.

2.6
If the legal representative assesses that pursuing the Claim during Legal Proceedings is unlikely to succeed, the Client will be informed, and the Claim will no longer be pursued. Upon notification, full ownership and legal title to the Assignment will automatically revert to the Client without requiring any additional agreements.

2.7
If Legal Proceedings are initiated to pursue the Claim, the Client will be exempt from any costs incurred if the Claim is unsuccessful. In the event of success or settlement, the partner service provider will cover any costs not reimbursed by the airline. If the Client receives Flight Compensation, all costs incurred by the partner service provider during the Claim process and claimed from the airline will be paid to the service provider.

2.8
The Client acknowledges that the partner service provider has sole discretion to accept or reject settlement offers based on their experience with the respective airline. The Agreement provides sufficient legal grounds for such discretion.

2.9
The Client understands that the Claim process may take considerable time and acknowledges that FlightRefunder and its partner service provider cannot control the speed at which the Claim is resolved.

3. Financial Terms and Conditions

3.1
Settlement under the Agreement, as outlined in these T&C, depends on the receipt of the Flight Compensation, i.e., payment made to the bank account of FlightRefunder’s partner service provider or the Client. Upon receipt of the Flight Compensation from the airline, the settlement process between the partner service provider and the Client will proceed in accordance with the terms specified in these T&C.

3.2
The partner service provider pursues the Claim free of charge unless the Claim is successful. Upon receipt of Flight Compensation, the agreed portion will be paid to the Client based on the terms specified in the Price List. Separate agreements may be made to define alternative remuneration amounts or payment terms.

3.3
If a settlement agreement cannot be reached with the airline or if pursuing Legal Proceedings is deemed more effective or quicker, the partner service provider reserves the right to initiate such proceedings. In such cases, the portion of the Flight Compensation retained by the partner may increase as specified in the Price List.

3.4
The Client acknowledges that both parties to the Agreement may set off their counter-claims against one another.

3.5
If the Client knowingly provides incorrect or incomplete information, resulting in additional costs for the partner service provider, the Client agrees to reimburse these costs.

3.6
As the partner service provider is registered in the Republic of Estonia, any applicable Value Added Tax (VAT) is calculated according to Estonian law at the legally specified rate.

3.7
If incorrect or insufficient information provided by the Client causes the Flight Compensation payment to be returned, the partner service provider may deduct all additional costs incurred. If, despite reasonable attempts to contact the Client, the necessary information is not provided, the partner service provider reserves the right to retain the portion of the Flight Compensation that would have been paid to the Client.

3.8
Payments to accounts within the Single Euro Payments Area (SEPA) will be made via bank transfer. For international transfers, any bank fees will be deducted from the Client’s portion of the Flight Compensation.

3.9
To minimize banking costs, payments may be consolidated into a single account for shared bookings or similar cases (e.g., parents being paid for children) if permitted by the Client or if one account was specified during data submission. The recipient of consolidated payments is responsible for distributing funds to other entitled parties, and the partner service provider assumes no liability for non-payment in such cases.

3.10
The partner service provider is not liable for lost checks, prepaid debit cards, credit cards, or other means of payment, nor for errors caused by incorrect bank account details provided by the Client.

3.11
When legally required, the partner service provider will issue an electronic invoice or similar documentation to the Client via email.

3.12
The partner service provider is not liable for delays or failures to pay the Flight Compensation due to circumstances beyond its reasonable control, including but not limited to strikes, labor disputes, acts of God, war, riots, or compliance with laws or government orders.

3.13
Flight Compensation and any other payments will only be made to final beneficiaries who have a legal right to the Claim. Payments will not be made to intermediaries, agencies, or representatives unless specific written proof is provided, clearly and unambiguously confirming their authority to accept payments on behalf of the final beneficiary. If doubts arise regarding the right to receive payments, the partner service provider reserves the right to request additional proof or unilaterally refuse payment.

4. Cooperation by the Client

4.1
The Client warrants that all data and information provided to FlightRefunder or its partner service provider in relation to the Claim is accurate, complete, truthful, and not misleading. The Client agrees to indemnify the partner service provider against any claims, losses, or damages resulting from incorrect or incomplete information provided by the Client, lack of cooperation, or improper cooperation.

4.2
The Client confirms that prior to engaging the services of FlightRefunder, the Claim has not been assigned or disposed of in any manner, nor has the Client engaged any third party to enforce the Claim.

4.3
The Client shall, upon request or proactively, provide all necessary data and documents required for processing the Claim. These include, but are not limited to:

• Copies of identity documents,
• Boarding passes,
• Delay notifications,
• Correspondence with the airline.

4.4
If the Client receives any payment or other form of Flight Compensation (e.g., flight vouchers) from the airline after engaging the services of FlightRefunder or its partner, the Client must notify the partner immediately.

In such a case, the Client is obligated to pay the remuneration specified in Section 3.2 or 3.3 within 10 (ten) days of receiving the Flight Compensation. Payment must be made to the bank account provided on the partner service provider’s website or any other account communicated in writing.

4.5
If the Client provides incorrect or incomplete information, or withholds information about having already received Flight Compensation from the airline for the respective Claim, and this results in the partner service provider being unable to collect the Flight Compensation or incurring losses through Legal Proceedings, the partner reserves the right to seek damages from the Client for the resulting harm.

5. Termination and Withdrawal

5.1
The contractual relationship between the Client and FlightRefunder’s partner service provider concludes when the Agreement is fully performed, i.e., when the payment specified under the Agreement has been made in full.

5.2
The Agreement is terminated immediately in the following cases:

• Unsuccessful Claim: If the partner service provider determines, after an in-depth review, that the Claim is unlikely to succeed, and the Client is informed of this decision.
• Client Misconduct: In the event of incorrect or fraudulent information provided by the Client, the partner service provider may terminate the Agreement at its discretion.
• Consumer Withdrawal: If the Client, who is a consumer, exercises their right to withdraw from the Agreement within 14 (fourteen) days of its conclusion by submitting a withdrawal notice via email. This right to withdraw terminates early if the Agreement is fully performed before the expiration of this period.

5.3
If the Client terminates the Agreement without fault of the partner service provider after work has been initiated, or after the partner or legal representatives have commenced Legal Proceedings, the partner service provider is entitled to charge the Client for the following:

• Administration costs,
• Incurred court fees,
• Costs of services rendered,
• Bailiff’s costs,
• Extrajudicial costs,
• Legal representative’s fees,
• Additional fees, and
• Other expenses incurred.

The Client agrees to settle these amounts within 10 (ten) days of receiving an invoice from the partner service provider.

6. Final Provisions

6.1
FlightRefunder’s partner service provider reserves the right to amend these T&C and introduce additional conditions at any time without prior notice. Reasonable efforts will be made to notify Clients of any changes. If the amendments negatively impact the Client, their approval may be required for the revised T&C to take effect.

6.2
These T&C, the Agreement, and any related documents are governed by the laws of the Republic of Estonia, unless otherwise specified in a specific document. Consumers are entitled to claim protection under the mandatory legal provisions of their country of residence.

6.3
The partner service provider will use the Client’s personal data, and, where applicable, the personal data of its employees, exclusively for the purpose of enforcing the Claim. Detailed information about data collection, storage, and usage can be found in the Privacy Policy.

6.4
If the Client is a legal entity, it warrants and represents that:

• The personal data provided to the partner service provider has been collected and provided in compliance with the Privacy and Data Protection Requirements.
• For the purposes of the Agreement, the partner service provider acts as a data processor rather than a data controller (as defined under the Privacy and Data Protection Requirements) in respect of all data processing activities related to the Agreement.

6.5
Any disputes, controversies, or claims arising out of or related to these T&C, including their breach, termination, or validity, shall be resolved in the courts of the Republic of Estonia, subject to applicable jurisdiction rules. However, mandatory legal provisions may override this stipulation.

6.6
If any provision of these T&C is deemed illegal, invalid, or unenforceable by a court or arbitral tribunal, the remaining provisions shall remain in full force and effect. Provisions deemed illegal, invalid, or unenforceable in part or to a certain extent shall remain valid and enforceable to the extent permitted by law.

The partner service provider will replace such provisions with legal, valid, and enforceable provisions that achieve the closest possible result to the original intent of the parties. Every effort will be made to ensure that the T&C remain effective and enforceable.

6.7
In the event of discrepancies between the English version of these T&C and translations into other languages, the English version shall prevail.