TERMS AND CONDITIONS – VALID FOR CLAIMS SUBMITTED FROM JUNE 1, 2024

We consider it appropriate, in order to ensure full transparency, to list the terms and conditions of the service we provide. We believe that involving our Clients in all the useful information regarding the terms of service is a key part of our work. However, it is important that our Clients commit to reading the following guidelines to facilitate our work and provide us with every means necessary to achieve our shared goal. Therefore, we invite you to carefully read the following terms, to understand the respective duties once you request our assistance. Helping our Clients obtain the proper compensation—whether for canceled flights, flight delays, overbooking, or lost or delayed baggage—is our top priority.

Article 1. Subject of the Contract and Services Offered by www.rimborsoalvolo.it

1. The presentation of the services provided on the website www.rimborsoalvolo.it (or other related pages) does not represent a binding offer to conclude a contract.
2. The Rimborso al Volo Team handles the enforcement of EU Regulation No. 261/04 (or any other applicable regulation concerning passenger rights), under which, and in accordance with its provisions, airlines may be required to pay “financial compensation” and/or damages to passengers.
3. The Rimborso al Volo Team will – on behalf of the Client – file the claim for the out-of-court request of the expected “financial compensation” from the airlines, and manage all related activities, including possible legal action against the liable airline. This request does not exclude the Client’s right to pursue additional compensation claims such as loss of opportunities and/or other damages arising from the air transport contract.
4. It is understood that the above-described activity carried out by Rimborso al Volo to pursue the compensation provided under the above-mentioned regulation stems from the Client’s decision to rely on a third-party specialized entity for the protection of rights that could also be exercised individually.

Article 2. Conclusion of the Contract

1. By accepting the Terms and Conditions and submitting the “REQUEST COMPENSATION” form, the Client makes a binding offer to Rimborso al Volo to enter into a representation agreement for submitting the claim (and all related activities, including mediation and/or potential legal proceedings), in order to obtain the financial compensation possibly due under EU Regulation No. 261/04 or any other applicable passenger rights regulation.
2. Rimborso al Volo reserves the right to accept the assignment only after verifying the presence of the requirements under EU Regulation No. 261/04 (or any other applicable national or international passenger rights law) and receiving the necessary documents to prepare the claim. Our acceptance will be explicitly communicated to the Client via email.

Article 3. Nature of the Activity

1. Rimborso al Volo, pursuant to Article 4, acts for economic interest, which will be satisfied through the amounts paid during the out-of-court phase directly by the airline, or during the judicial phase by court ruling, or, in both cases, through a 25% fee paid by the client.

Article 4. Costs and Payment

1. In all cases where, after sending the formal notice and/or out-of-court claim and/or legal action, the requested financial compensation (or part of it) and/or other sums are obtained as a refund and/or damages under applicable national or international law, Rimborso al Volo is entitled to receive 25% (twenty-five percent, VAT included) of the amount obtained from the Client, as compensation and reimbursement for expenses, or of the amount awarded by the court.
2. Conversely, if the claim and/or legal action fails, the Client will not owe any compensation and/or expense reimbursement to RAV S.r.l., as the latter will fully bear all associated costs.
3. If the airline makes an offer lower than the amount provided by the regulation, the Client will be contacted beforehand and is free to accept or refuse the offer, either settling the case or continuing legal proceedings. In both scenarios, the 25% fee under Article 4.1 still applies.
4. No interest may be claimed for the period between the payment received from the airline and the payment issued by Rimborso al Volo to the Client.
5. If Rimborso al Volo receives the payment due to the Client from the airline, it will transfer it to the Client within 30 business days.
6. Payments will be made in EURO via SEPA bank transfer and will be subject to applicable tax laws, including virtual stamp duties under Art. 15 of Presidential Decree 642/1972 and Ministerial Decree June 17, 2014.

Article 5. Passenger Duties and Obligations

1. By accepting the Terms and Conditions and submitting the “REQUEST COMPENSATION” form, the Client undertakes to:
   1. provide all documentation required for properly preparing the claim;
   2. promptly notify us of any changes to the data already submitted regarding the claim;
   3. not appoint third parties to request financial compensation on their behalf without Rimborso al Volo’s consent;
   4. sign the release form in favor of the airline to obtain the requested financial compensation;
   5. authorize Rimborso al Volo to receive the financial compensation on their behalf and then transfer the net amount (after deducting the fee in Article 4) to their bank account.
2. By accepting the Terms and Conditions and submitting the form, the Client also agrees that Rimborso al Volo will not accept travel vouchers and/or equivalent offers as compensation. Such airline offers will be considered a refusal of the required financial compensation.
3. The Client exclusively appoints Rimborso al Volo S.r.l. and guarantees that no other claim has been or will be submitted by third parties, and no legal dispute regarding the same issue is being prepared or is pending against the airline.
4. While this contract is in force, it is not possible to transfer the claim to another entity (e.g., a lawyer or another company), nor initiate legal action independently. Additionally, any settlement offers from the airline must not be accepted without informing Rimborso al Volo. Doing so constitutes a breach of contract, and a penalty of €100.00 will be charged for administrative and incurred costs.
5. If the Client, after the case has been registered with the court (and Rimborso al Volo has paid the filing fees of €43.00 and/or €98.00 and any applicable stamp duty of €27.00), decides to withdraw from the process or this contract, they will owe Rimborso al Volo S.r.l. a flat fee of €100.00 as compensation and reimbursement for incurred expenses.

Article 6. Duties and Obligations of Rimborso al Volo

1. Upon formal acceptance of the assignment under Article 2.2, Rimborso al Volo commits to:
   1. verify the conditions for submitting the claim under EU Regulation No. 261/04 (or any other applicable national or international passenger rights law);
   2. submit, on behalf and in the interest of the Client, the request for financial compensation along with all required documentation;
   3. advance all claim management costs;
   4. handle the claim until resolution, including enforcement, and communicate with the airline;
   5. transfer the financial compensation obtained from the airline to the Client’s account, net of the fee in Article 4.1;
   6. not request any fee or expense reimbursement if the claim is unsuccessful;
   7. bear all charges and costs in the event of an unfavorable judgment, holding the Client harmless from the airline’s claims.

Article 7. Appointment of a Lawyer

1. If the out-of-court action (initial claim) fails to obtain financial compensation, Rimborso al Volo may appoint a trusted lawyer to recover the Client’s compensation, including through legal proceedings.
2. In the event of legal action (against the liable airline), Rimborso al Volo will enter into a representation agreement directly with a trusted lawyer on behalf of the Client, pursuant to Articles 317 of the Code of Civil Procedure and 1387 of the Civil Code. This will be expressly communicated to the Client.
3. In all cases involving a lawyer, Rimborso al Volo will bear the necessary costs (including trial initiation fees) and pay the lawyer’s fees, which remain at Rimborso al Volo’s expense even if the legal action is unsuccessful, including any court-ordered costs.
4. If, after a favorable first-instance judgment, the opposing party appeals, Rimborso al Volo may decide to defend the case in the second instance. If the appellate court overturns the judgment (even partially), requiring a refund, the Client must return the received funds. Rimborso al Volo will handle any refund of legal fees received.

Article 8. Passenger Rights Regarding the Assignment of Credit (Rimborso Express Option)

1. After analyzing the Client’s case and submitted documents, Rimborso al Volo may offer the “Rimborso Express” option.
2. With this option, the Client receives compensation immediately instead of waiting for the legal process to conclude.
3. By signing the assignment form, the Client transfers the full claim to Rimborso al Volo and agrees to receive 75% of the compensation due under EU Regulation No. 261/04 or other applicable passenger rights laws.
4. Rimborso al Volo commits to paying the 75% amount within 3 business days from receipt of complete documentation, as specified in the claim acceptance email.
5. By signing, the Client confirms they are legally authorized to assign the claim in their name and, if applicable, for minor travel companions.
6. After signing, the Client cannot transfer the claim to third parties, having already transferred it to Rimborso al Volo.
7. Any prior agreements with third parties must be canceled before signing the assignment form.
8. If the Client receives compensation directly from the airline, they must immediately inform Rimborso al Volo. Such compensation is treated as reimbursement, entitling Rimborso al Volo to its fee if legal action had already begun.
9. After the assignment, the Client must cease negotiations with the airline and forward any communications to Rimborso al Volo.

Article 9. Contract Duration and Termination

1. The contract is deemed completed once the Client receives compensation from the airline, or upon notice from Rimborso al Volo that:
   1. the conditions under EU Regulation No. 261/04 or other applicable laws are not met;
   2. further out-of-court or legal action is unlikely to succeed.

2. Either party may terminate the contract at any time with immediate effect via written notice.

Article 10. Consumer Right of Withdrawal

1. If the Client qualifies as a consumer under Art. 3 of Legislative Decree No. 206/2005, they may withdraw from the contract without penalty or explanation within 14 days from accepting the Terms and Conditions and submitting the “REQUEST COMPENSATION” form, as well as Rimborso al Volo’s acceptance under Article 2.2.
2. Withdrawal must be sent within this timeframe via registered letter to Rimborso al Volo, Via Ombrone 12/C, 00198 Rome, or by email to info@rimborsoalvolo.it.

Article 11. Environmental Sustainability Project

Rimborso al Volo aims to support several Sustainable Development Goals (SDGs) of the UN’s 2030 Agenda through concrete actions. In particular, Rimborso al Volo has partnered with Italian naturetech company 3Bee to launch a regeneration project focused on protecting local biodiversity and pollinating insects in Italy.

3Bee develops technologies for biodiversity monitoring and protection and is recognized by the EU for developing the first certified biodiversity credits. To date, 3Bee has run projects with over 500 companies across 10 countries. It collaborates with research centers, universities, the European Space Agency, and schools, farmers, and citizens to monitor and protect biodiversity.

For each successfully completed case (regardless of the number of passengers), Rimborso al Volo will gift the Client either a beehive (for flights under 1,500 km) or a nectar plant (for flights over 1,500 km), at no cost to the Client.

This gift includes a one-year adoption of a beehive or plant, with the option to monitor it in real-time through an interactive experience.

The adopted beehive or plant does not become the property of Rimborso al Volo or the Client. The contribution is used for care, monitoring, and tracking activities as described on the 3Bee website.

The adopted beehive is equipped with 3Bee Hive-Tech, a system that tracks environmental conditions and pollinator health. Nectar plants are essential for creating resilient ecosystems, improving soil structure, providing habitats, and absorbing CO₂.

Rimborso al Volo is not responsible for the actions or services provided by 3Bee, nor for content on www.3bee.com, as it is an independent entity.

Rimborso al Volo may update or modify its relationship with 3Bee at any time. Any updates to these Terms and Conditions will apply only after the date of publication.

Article 12. Privacy

1. Rimborso al Volo S.r.l. processes personal data in accordance with the law and solely for fulfilling contractual obligations.
2. All information on data processing, purposes, and methods, as well as user rights, is provided in the Privacy Policy, separately submitted for consent.

Article 13. Governing Law and Jurisdiction

1. This contract is governed by Italian law.
2. Any dispute shall fall under the exclusive jurisdiction of the Court of Rome, except where Rimborso al Volo may invoke another competent court as provided by law.
3. If the contract is concluded with a consumer, jurisdiction will be determined under Art. 66-bis of Legislative Decree No. 206/2005.

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IF YOU SUBMITTED A CLAIM BEFORE JUNE 1, 2024, PLEASE REFER TO THESE TERMS AND CONDITIONS:

Terms and Conditions – valid until May 31, 2024