TERMS AND CONDITIONS – APPLICABLE TO CLAIMS FILED BY MAY 31, 2024

As a preliminary step and in the interest of full transparency, we believe it is appropriate to outline the terms and conditions of our service. We believe that informing our Clients about the terms of service is a fundamental part of our work. However, it is essential that our Clients commit to reading the following guidelines carefully, to support our work and provide all necessary information to help us achieve our common goal. Therefore, we invite you to carefully read the following instructions to understand your responsibilities once you request our assistance. Helping our Clients obtain the proper compensation—whether for cancelled flights, flight delays, overbooking cases, or lost/delayed baggage—is our priority. With Rimborso al Volo, your rights take flight!

Article 1. Purpose of the contract and services offered by www.rimborsoalvolo.it

1. The presentation of services on the website www.rimborsoalvolo.it (or on other connected pages) does not constitute a binding offer to enter into a contract.
2. The Rimborso al Volo team handles requests for the enforcement of Regulation (EU) No. 261/04 (or any other applicable passenger rights regulation in force), under which, according to the provisions therein, airlines may be required to pay “financial compensation” and/or damages to passengers.
3. The Rimborso al Volo team will handle—on behalf of its Client—the submission of a claim for the out-of-court request of the prescribed compensation from the airline, including any related activities, such as initiating legal proceedings. This does not exclude the Client’s right to request further payments from the airline, such as lost opportunities or other damages arising from the transportation contract.
4. It is understood that the above services provided by Rimborso al Volo result from the Client’s decision to engage a third-party specialist to pursue rights that may also be exercised individually.

Article 2. Contract formation

1. By accepting these Terms and Conditions and submitting the “REQUEST COMPENSATION” form, the Client makes a binding offer to Rimborso al Volo to conclude a representation contract for the claim (and all related activities, including legal action) to obtain the compensation due under Regulation (EU) No. 261/04 or other applicable passenger rights laws.
2. Rimborso al Volo reserves the right to accept the assignment only after verifying the applicability of Regulation (EU) No. 261/04 (or any other applicable regulation) and receiving the necessary documentation to file the claim. Acceptance will be explicitly communicated to the Client via email.

Article 3. Nature of the activity

1. Although the service is free of charge for Clients (except as stated in Article 5 below), Rimborso al Volo acts in its own economic interest, which is satisfied through the amounts awarded either by the airline or by the Court.

Article 4. Costs and Payment

1. In all cases where compensation (or part of it) is awarded, after acceptance of the agreement and the initiation of legal proceedings, no fee or expense reimbursement will be owed to Rimborso al Volo (except as stated in Article 5), since the amount will be paid directly by the airline or the Court.
2. If the airline proposes an amount lower than what is provided by law, the Client will be contacted and free to accept or refuse the offer, either settling or continuing with legal action.
3. If the claim is unsuccessful, no fees or expense reimbursements will be owed to Rimborso al Volo for services rendered.
4. No interest may be claimed for the period between the airline’s payment and Rimborso al Volo’s transfer of the amount to the Client.
5. If Rimborso al Volo receives payment on behalf of the Client, the corresponding amount will be transferred to the Client within 30 business days.
6. Payments will be made in EURO via SEPA bank transfer and subject to applicable tax regulations, including those in Article 15 of Presidential Decree 642/1972 and Ministerial Decree of June 17, 2014 regarding virtual stamp duties.

Article 5. Exceptions

1. For claims involving Ryanair Dac and EasyJet Airline Company Limited, if compensation (or partial compensation) is awarded after an out-of-court claim is filed, the Client agrees to pay Rimborso al Volo 30% of the received amount as reimbursement and service fee.
2. If the airline does not respond or rejects the out-of-court claim, and Rimborso al Volo proceeds with legal action, the Client owes nothing. Rimborso al Volo will recover costs directly from the airline or the Court.

Article 6. Client Duties and Obligations

1. By accepting these Terms and submitting the “REQUEST COMPENSATION” form, the Client agrees to:
   • provide all requested documentation;
   • promptly notify any data changes;
   • not engage third parties to pursue the same claim without Rimborso al Volo’s consent;
   • sign a release in favor of the airline to receive compensation;
   • authorize Rimborso al Volo to receive compensation and forward it (less fees) to the Client’s bank account.
2. The Client also agrees that Rimborso al Volo will not accept vouchers or equivalent offers as compensation. Such offers will be considered a refusal by the airline.
3. The Client grants Rimborso al Volo S.r.l. exclusive authority over the claim and confirms that no other party is or will be handling the same issue.
4. While this contract is active, the Client may not transfer the claim to others or accept settlements without informing Rimborso al Volo. Violating this results in a penalty of €100.
5. If the Client withdraws from legal action after filing, they must reimburse Rimborso al Volo €100 for fees and costs incurred.

Article 7. Rimborso al Volo’s Duties and Obligations

Following acceptance of the assignment, Rimborso al Volo agrees to:

1. Verify eligibility for a claim under applicable regulations;
2. Submit the claim and necessary documents on the Client’s behalf;
3. Advance all costs related to the claim;
   Handle all interactions with the airline until resolution;
4. Transfer compensation (less fees) to the Client’s bank account;
5. Not charge the Client if the claim is unsuccessful.

Article 8. Appointment of a Lawyer

1. If out-of-court efforts fail, Rimborso al Volo may appoint a lawyer to initiate legal action.
2. Rimborso al Volo will conclude a mandate contract with a lawyer on behalf of the Client. The Client will be notified accordingly.
3. Rimborso al Volo covers all legal costs, even if the case is lost or legal expenses are awarded to the opposing party.
4. If the case is appealed and the judgment reversed, the Client must return the compensation received. Rimborso al Volo will cover any legal fees owed in both instances.

Article 9. Express Refund Option – Assignment and/or Credit Transfer

1. After assessing the case and documents, Rimborso al Volo may offer the Client the choice between standard representation and the Express Refund option.
2. By choosing Express Refund, the Client receives compensation immediately, without bearing litigation risks.
3. By signing the assignment/credit transfer form, the Client agrees to receive 75% of the amount due, transferring full ownership of the claim to Rimborso al Volo.
4. Rimborso al Volo agrees to pay the Client within 3 business days of receiving complete documentation.
5. The Client confirms legal capacity to assign the claim, also on behalf of minor travel companions if applicable.
6. Once signed, the claim may not be transferred elsewhere. Any prior agreement with third parties must be canceled beforehand.
7. If the Client receives compensation directly from the airline, they must notify Rimborso al Volo, which may retain its commission if legal action has already begun.
8. The Client must cease communication with the airline and redirect any correspondence to Rimborso al Volo.

Article 10. Express Refund Option After a Judicial Ruling

1. Following a favorable ruling or injunction, the Client may choose between standard execution and Express Refund.
2. Standard execution means no fees, but payment timing is uncertain and may require enforcement procedures.
3. Express Refund allows the Client to immediately receive 75% of the awarded amount by signing a credit transfer.
4. Rimborso al Volo agrees to pay within 3 business days from receipt of the signed transfer form.
5. This assignment is pro soluto—the Client is not liable for airline solvency; the risk lies with Rimborso al Volo.
6. The Client agrees not to accept direct payments or engage third parties after signing the credit transfer.
7. Rimborso al Volo covers all costs related to the credit assignment.
8. The Client authorizes Rimborso al Volo to exercise all rights and initiate enforcement if necessary.

Article 11. Contract Duration and Termination

1. This contract concludes when compensation is received or when Rimborso al Volo informs the Client that:
   • the conditions for a claim under EU Regulation No. 261/04 are not met;
   • further action is unlikely to succeed.
2. Either party may terminate the contract at any time with immediate effect by written notice.

Article 12. Consumer Right of Withdrawal

1. Clients qualifying as consumers (under Article 3 of Legislative Decree No. 206 of 2005) may withdraw from this contract within 14 days of acceptance without penalty and without providing a reason.
2. Withdrawal must be communicated by registered letter with return receipt to Rimborso al Volo, Via Ombrone 12/C, 00198 Rome, or by email to info@rimborsoalvolo.it

Article 13. Privacy

Rimborso al Volo S.r.l. processes personal data in accordance with legal requirements and solely for the purpose of fulfilling contractual obligations. All data processing information, purposes, methods, and data subject rights are detailed in the Privacy Policy presented separately and with specific consent collection.

Article 14. Governing Law and Jurisdiction

1. This contract is governed by Italian law.
2. Any disputes arising from this contract will fall under the exclusive jurisdiction of the Court of Rome, unless Rimborso al Volo chooses another court with legal jurisdiction.
3. In the case of a consumer contract, the applicable jurisdiction will be as per Article 66-bis of Legislative Decree No. 206 of 2005.