Terms and Conditions of EuroFlyRefund, Entenfellner & Partner GmbH

Terms and Conditions of EuroFlyRefund, Entenfellner & Partner GmbH

The following General Terms & Conditions apply to the services provided by EUROFLYREFUND, Entenfellner & Partner GmbH (Collections Department), hereinafter referred to as EUROFLYREFUND.
If you should have any questions pertaining to these General Terms & Conditions, please write to us at service@euroflyrefund.com or phone our hotline at 07242-41151-112

CLEAR RULES – GOOD FRIENDS:
THE FUNDAMENTALS OF OUR AGREEMENT

A. Legal Basis as well as Object of the Agreement

A.1. Legal Basis
EU Regulation No. 261/2004 of the European Parliament dated 11 February 2004 protects and guarantees the rights of airline passengers. Asserting their lawful claims demands considerable effort and, not infrequently, ends in frustration for the individuals concerned. Those affected need access to international databases providing weather- and historical flight data, and above all to legal expertise. In asserting your rights (assertion of compensation claims against an airline), EUROFLYREFUND bears the entire financial risk, with our fee charged exclusively as a percentage of the actual damages received in the event of success.

A.2. Object of the Agreement
EUROFLYREFUND supports you in the assertion of your claims for compensation based on entitlements as stipulated in EU Regulation No. 261/2004, which regulates compensation payments and support measures for airline passengers in the event of cancellations, denial of boarding as well as flight delays.
These General Terms & Conditions (hereinafter referred to as GTC) represent the basis for provision of our services. All written correspondence and pertinent information is provided by us in German or English, whereby the applicable German version is considered binding. (Austrian law shall apply. Please reference H1.)

B. Conclusion of Contract

B.1. Conclusion of Contract
By entering your flight data and personal information, you submit an offer for conclusion of contract, by which you are bound for a period of 28 days. By sending us your notification, the offer as described above as well as our side of the contract is considered to have been accepted by you. The confirmation of receipt of your data does not constitute acceptance of your offer on our part. Your rights as a consumer with respect to legal revocation rights may be found below under Point I.

C. Our Services and Obligations

C.1. Scope of Services provided by Euroflyrefund
Our services comprise assertion of your compensation claims in accordance with Article 7 EU Regulation 261/2004, as well as of associated subsidiary claims and any interest charges which may have been incurred. Other claims pertaining to airline passenger regulations or other international treaties and legal provisions will not be addressed. In particular, we provide neither legal consultation nor legal representation, hence we are not obligated to do so. There is also no preliminary legal examination of your claims. Rather, we evaluate, based exclusively on the data you have provided using algorithms that are based on the legal provisions and current case-law pertaining to EU Regulation 261/2004, a potential claim which we subsequently assert against the airline in your name.

C.2. Commencement of Services
Upon transmission of your data to us, we are entitled, without any further prior consultation with you, to task our lawyers with the assertion of your claims in your name, and to share the information you have provided with them. This also includes authorization of those assigned lawyers to assert your damage claims, both judicially as well as extrajudicially, be that in the form of written demands directed towards the airline, applications to arbitration bodies, as well as legal suits against the airline. This also involves provision of your data to governmental bodies as well as institutions who have involvement with the matter. Acceptance of our offer establishes a power-of-attorney relationship between you and EUROFLYREFUND. This power-of-attorney also permits EUROFLYREFUND to task a lawyer with the assertion of your claims in your name. We are bound to exempt you from all expenses as may arise for lawyers, court costs or other expenses as may be incurred by opposing lawyers. We assume all cost risks associated with the assertion of those damage claims directed towards the airline which constitute the object of this agreement.

C.3. Examination and Acceptance:
In the assertion of your claims, we may avail ourselves – as needed – of the services of a lawyer. Since we are assuming the cost risk, we are free to decide, pursuant to financial and legal consideration of the case, whether or how we wish to assert the claim as well as incidental expenses directed towards the airline. We determine the amount of the compensatory payment using computerized calculation models based on information which is currently available, though this does not constitute binding legal input.

C.4. Assumption of Costs by EUROFLYREFUND
We bear all expenses for lawyer fees, court fees and costs for expert witnesses. In order to cover such costs, in the event of an extrajudicial or judicial agreement with the airline, the representation fee we have deducted from the settlement amount received is also used to reimburse lawyer and court costs, set fees, the costs of opposing lawyers, general expenses as well as any other costs associated with the client’s claim assertion, said costs remaining the responsibility of EUROFLYREFUND. Claims for reimbursement of expenses are an exception to this, insofar as the airline makes such a reimbursement itself or is judicially obligated to do so, in which case said reimbursement will be used to cover the costs and fees of contract lawyers etc. where applicable which had been pre-financed by EUROFLYREFUND. In such an instance, you shall have no claim to refund of the commission as detailed in clause E.1.

C.5. Extent of Liability on the part of EUROFLYREFUND
We are liable solely in the event of premeditation or gross negligence.

D. Information which you must provide

D.1. Complete and Accurate Information
As a rule, airlines are only prepared to make compensation payments in the face of clear-cut proof. You will provide EUROFLYREFUND with all of the information which is known and available to you, and will support our attempts to assert your claim by supplying us with all available documentation such as boarding passes, booking confirmation and other evidence for the period of this agreement. This may also include correspondence with the airline as well as information about agreements which had been entered into with them. If, after a third request to do so, you have withheld one or more required documents without good reason. we are entitled to revoke the contractual relationship unilaterally. In particular, we also require a written authorization signed by you allowing us to represent you before the airline. We will send you an authorization form which is ready for your signature. By accepting this GTC, you confirm that you have provided EUROFLYREFUND with all flight data and other pertinent information to the best of your knowledge and belief, and especially that you are yourself the owner of the claim against the airline, that you may dispose thereof, and that you have received no compensation payments from the airline other than those which you have specified.

D.2. Close Cooperation
During the period of this agreement, you are required not to conduct any negotiations with the airline, reach agreements with said airline, or to make any legally binding commitments, especially to the airline, without our expressed assent to do. Should the airline get in contact with you, you must notify us of this promptly.

D.3. Information Disclosure
If you have received correspondence, payments or vouchers from the airline, you are required to notify EUROFLYREFUND or one of our contract lawyers of this without delay. By entering into this contractual agreement, you expressly agree to the airline discharging its obligations exclusively by means of payment of damages to EUROFLYREFUND or our contract lawyers.

D.4. Assignment of the Claim
By providing us with details about your flight, you may neither assign nor pledge said claim to a third-party without our expressed consent.

E. Contingency Fee

E.1. Contingency Fee
EUROFLYREFUND receives a flat fee equivalent to 24% of the damages paid by the airline (plus an additional 20% value added tax, equating to 28.8% of the total amount paid by the airline). EUROFLYREFUND is entitled to all payments from the airline which are beyond the scope of the lump settlement sum, for example for interest charges as well as other ancillary claims.

E.2 Payment Processing
EUROFLYREFUND and the lawyers it has commissioned are entitled to deduct the fees as described in point E.1 directly from the payments which have been made by the airline. The settlement amount, minus our contingency fee, will be either transferred to an account which you have designated, paid out in cash at the place of business of EUROFLYREFUND, or sent out for payment to your name by means of a money-transfer service you have selected. By providing us with account information, you confirm that you are an authorized representative of that account. The fees for money transfers to a bank account within the SEPA region are borne by EUROFLYREFUND, whereas the fees for cash transfers are at your expense. If the funds have been transferred to an account for which you have provided erroneous information, the payment obligation of EUROFLYREFUND is still considered to have been met.

E.3. Direct Payments received from Airlines
Should you receive a direct compensation payment either in cash or voucher, our contingency fee must be transferred in full to EUROFLYREFUND within 14 days.

E.4. Interest and Cost Reimbursement
EUROFLYREFUND is entitled to default-interest payments received from the airlines in full.

F. Privacy Policy

F.1. Statutory Privacy Provisions
Your data will be used and processed by us in accordance with strict privacy provisions. Naturally, we adhere to all privacy provisions which have been established under Austrian law.

F.2. Necessary Data Storage
In order to use our service, it is necessary for you to provide us with personal data as well as data pertaining to your flight. This information is stored by us and processed by our staff as well as contract lawyers in order to pursue your claims. We handle and protect all of your personal data, as well as the associated details about your flight, in accordance with the strict legal guidelines laid down by Austrian law. In compliance with these stringent privacy guidelines, EUROFLYREFUND undertakes appropriate organizational and technological measures in order to protect your data against loss or theft. EUROFLYREFUND stores your data only insofar as this is necessary for the use of our service and deletes this data upon termination of contractual services, insofar as this does not contravene mandatory time periods prescribed under tax laws. Only if you have expressly registered for our information service will your data continue to be stored.

F.3. Data not shared for advertising purposes
Your data will not be shared with third-parties without your expressed permission, especially for advertising purposes (newsletters, marketing correspondence etc.). Only if necessary in order for EUROFLYREFUND to provide its services will your data be shared with our contract lawyers. We use your data solely for the purpose of asserting your damage claims and do not share your data with third-parties.

F.4. Disclosure Rights and Rights to Deletion of Data
Here at EUROFLYREFUND, because you are a user of our Internet offer, you are entitled at any time and at no charge to receive information about any data of yours we have stored, and to have this data deleted at any time and at no charge, insofar as no outstanding receivables remain from a previous contractual relationship. Queries in this matter should be directed to us either by email or using the regular postal service to one of the following addresses: service@euroflyrefund.com or EUROFLYREFUND Entenfellner & Partner GmbH, Reitingerstraße 7 4600 Thalheim bei Wels.

F.5. Links to other Webpages
EUROFLYREFUND accepts no responsibility for the content of any and all linked webpages with whom EUROFLYREFUND has no relationship under corporate law.

Model revocation form

You may or may not use this cancellation form for your cancellation form.