Terms of Use

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a). Agreement:

1. The following terms and conditions (T & C) apply to the use of the platform flightback.org (hereinafter referred to as "flightback.org" or "platform"). flightback.org is an online platform that manages flight claims for causes attributable to the airline and with the right to compensation as well as other flight problems and causes. For this, flightback.org requests information about the details of the affected and passenger flight and an authorization signature to process the service faster with the parties involved.

2. The use of the platform is subject to these Terms and Conditions.

3. For the contract of use of the platform, a contract text is not provided separately. The content of the agreement between the user and the flightback.org contract results from these General Terms and from the concrete, during the information transmitted in the registration process. The terms of use and other relevant information, if the user registers on the platform, will be transmitted by flightback.org through a confirmation email. The user's data, sent as part of their registration, will be saved by flightback.org on protected servers.


4. By registering or using the services of flightback.org, the user accepts the validity and applicability of these Terms of use.


5. Flightback.org reserves the right to adapt the terms and conditions at any time, with effect in the future, or update when technical, economic, or legal reasons make such adjustment necessary.


6. Unless the user expresses consent for an adjustment to the terms of service, flightback.org will inform the user about any changes in the conditions of use on time (at least two weeks before the implementation of the modified terms and conditions). In this case, flightback.org will send the new version of T & C to the registered email address of the user. In this context, flightback.org will explicitly mention the possibility and the time of objection to the changes made and the consequences of no objection.

7. If the user does not object to the change within four weeks after the modified terms come into force, the modified Terms and Conditions will be considered accepted. The period begins the day it is announced by email as the effective date of the change.

 

8. If the user opposes the amendment, flightback.org has the right, if necessary, to terminate the contract, based on their interests, effective as of the entry date on which the revised terms were implemented, and eliminate the user account.

9. If the user accepts our Terms and signs the Assignment Form, it gives flightback.org the legal authority to have and store any personal or flight information as well as to allow flightback.org to send any of the documents to the airline or a third party regarding the service.

 

b) Agreements on the Service:

1.1 After the client accepts these terms, flightback.org agrees to provide and the client agrees to receive the eligibility service and the information service.

 

1.2 After the client accepts these terms and signs the transfer of rights form or the authorization document to flightback.org, the client agrees to receive and flightback.org to deliver justice through our flight claim service or flight brokerage as a service, unless flightback.org notify the client without undue delay if this you can not deliver the service for that order.

 

1.3 By establishing an agreement with flightback.org, the client guarantees that he/she is authorized and has the legal capacity to establish an agreement.

 

1.4 The customer acknowledges that, for the Reflights Claim Compensation Service, flightback.org only seeks compensation for his flight. The client agrees that flightback.org will not accept travel vouchers and/or another service as compensation for his flight and that such an offer from the airlines will be considered a refusal of payment unless flightback.org backlights determine that the possibility of a more favorable resolution for The client is low and depending on the circumstances the best option would be to accept that offer.

 

1.5 The client guarantees that the claim has not been assigned to third parties and that there is no pending or anticipated legal dispute between the client and the airline for the same matter.

 

1.6 Once the transfer of rights form or an authorization document has been signed, the client can not hire any third party to continue with the claim or assign the case to any third party. Any existing agreement or assignment, if any, must be canceled before signing the transfer of rights form or the authorization document. To avoid doubts, in case the client has signed a transfer of rights document, the client can withdraw the authorization document by notifying flightback.org in writing. This does not apply to the transfer of rights document because, in it, the ownership of the claim is assigned to flightback.org.

 

1.7 If the customer receives a direct payment or any other type of compensation from the corresponding airline after formalizing the agreement, the customer is obliged to inform flightback.org immediately. Such payments will be considered compensation for the flight and will entitle you to flightback.org to your service fee and legal fare if legal actions were taken before the customer received the payment from the airline in question. To avoid doubts, the flight compensation does not include payment or reimbursements related to lawyer fees, costs of legal advice, court fees, collection expenses, interest, or similar whose payments correspond only to flightback.org.

 

1.8 Once the transfer of rights form or an authorization document has been signed, the client will be obliged to cease any negotiation with the airline and to direct any contact of the airline to flightback.org in order to achieve the best possible result.

 

1.9 Flightback.org offers different services, optional for the customer depending on their particular need submitted through our claim questionnaire. Services may vary from time to time without further notice. Services might be deactivated and activated from time to time subject to technical maintenance and business strategy. The client accepts it holds no right to demand activating certain service that is currently unavailable.

 

1.10 Main services include:

1.10.1 Reflights Compensation Claim service - We claim for you your compensation for delayed, canceled, overbooked flights for the CE261 Rule and for US airlines. To request the service, you have to enter your flight incident and complete the registration, and if you have compensation rights we will start the management of your flight. Service fee is 28% of compensation obtained, VAT included.

 

We fight for money or extra compensation; If we cannot succeed in your claim, since the airlines have the right to defend themselves and may legally have arguments that exempt them from payment, we will not ask you for money. With regard to the information that is shared, all data is stored on servers protected in guidance with the GDPR regulation. Regarding your bank information, in this service we cannot charge you, the bank details received are only the minimum necessary to make the transfer of your compensation.

 

The service ends once the client has received their compensation or denial by the airline or National Enforcement Body.

 

Some claims are handled quickly by the airline, some are not. We handle the claim as soon as we receive it, but it is the airline's decision to respect the rights of the passengers at the right time and without forcing us to resort to the authorities, it also depends on how optimized their internal processes, the demand or other factors are. Therefore, the time it takes for the claim varies depending on the airline in question and external factors. We have cases that have taken days and others that have taken months, the average time for resolution and payment is 3 months.

1.10.2 Flight Broker service - We seek to carry out the necessary steps within the legal limits to get you a refund, obtain a flight voucher o resell your flight, in other words, we aim to get you something in return for your affected flight. Service fee is regularly 50 EUR, but we have a special offer for 29 EUR starting May 7th 2021. We reserve our right to change the service fee from time to time.

Many times the solutions will depend on third parties, such as airlines, travel agencies or intermediaries, and individuals for the commercialization of electronic vouchers. In any case, we can give you a legal technical recommendation so that you can follow the path of defending your rights.

 

We have a management period of 60 calendar days, which could be extended by request of FlightBack and approval of the client. We do not have a guarantee of success.

 

After 60 days, if you have not received the resolution of your case, and we consider that even if an extension is requested, we will not be able to deliver the solution for reasons beyond our control, we will provide you with your file with each of the evidence and documents that you require for that you can continue the process on your own.

 

1.10.3 FREE Flight Advisor service - We provide virtual advice via emails for questions related to the operation of national and international flights, this means that we provide a response to your question or statement but do not contact any third party on your behalf. 

 

We have flight specialists who are trained, based on our operational experience, to be able to guide our clients with various doubts or problems that may require specialized advice. We opened this service due to an endless number of clients who, beyond a management system, sought to resolve doubts due to the lack of response from the airline customer service centers.

 

If the case presented by the client, results applicable for the Reflights Claim Compensation or Flight Broker Service, we will provide the client an option to pursue their case with Flightback.org.

 

2. Legal

 

2.1 Flightback.org claims the compensation claim of the client based on Regulation CE261/2004 or the airline's terms and conditions, provides advisory or flight brokerage to obtain money through a refund, compensation, flight change, or resell of the flight.

 

2.2 Flight data and information can be sent to flightback.org through the website, mobile applications, email, other electronic or software solutions compatible with flightback.org or by telephone.

 

2.3 In order to continue with the claim of the client successfully, flightback.org needs the transfer of rights form or an authorization document signed by the client, which can be sent through the website or email. Once the document of transfer of rights or the authorization document is received, flightback.org prepares a payment claim and sends it to the operating airline as soon as possible, and deals with the other correspondence. For this part of justice as a service, if the compensation of the flight is paid, flightback.org charges its service fee + VAT over the amount recovered. VAT = 3% (includes taxes and airline bank transfer fees). 

 

2.4 If the airline refuses to pay compensation for flights within a reasonable period after being notified by flightback.org and if while the case can be defended with adequate confidence, flightback.org may initiate legal action to continue with the claim.

3. Fees

 

3.1 Flightback.org provides the eligibility service, and the Information Service free of costs.

 

3.2 Reflight SAS. of CV. (flightback.org) provides flight advisory services for free but charges for its case management services (Reflights Claim Compensation and Flight Broker) Prices are updated from time to time in the "Pricing" section. If flightback.org is successful on a Reflights service, it will transfer the proportional part of the compensation to the client, subject only to the applicable rates. If flightback.org are successful but the compensation and/or attorney's fees, trial, interest, or similar rates have been transferred directly to the client, the client must, within a reasonable period of time, transfer the flightback.org rates according to the price list, as well as attorney's fees, trial fees, interest or similar if any.

 

3.3 The payment of the agreed part of the flight compensation to the client will be made by Stripe, International Transfer, or PayPal.

 

3.4 If the client provides incorrect or insufficient information to receive the flight compensation, provide advisory or obtain the refund or resell, and after several reminders and reasonable attempts by flightback.org to contact the customer by additional means to the email that the client provides, flightback.org will have the right to keep the proportional part of the compensation that has been transferred to the client or cancel the service.

 

3.5 Once flightback.org have made the payment of the compensation according to the instructions of the payment method chosen by the customer, flightback.org will not be responsible for:

i) checks, prepaid debit cards, credit cards, or the like lost in transit to the client;

ii) no effect of the customer in giving incorrect banking information, an erroneous or similar address, including but not limited to, the compensation paid to an erroneous recipient. If the compensation has been paid to an erroneous recipient due to a customer error, flightback.org is not obliged to actively claim it.

 

3.6 No interest can be claimed for the period between the entry and exit of the payment. flightback.org reserves the right to retain any interest that has been recovered from the airline.

 

3.7 Flightback.org will not be responsible for any amount of compensation, damages or similar, if flightback.org have an impediment to transfer the payment to the customer due to an event beyond its control including without limitation, strike, closure, labor dispute, the act of force majeure, war, disturbance, social disturbances, intentional damage, compliance with a law or governmental order, norm, regulation or directive, accident, breakdowns in the plant or machinery, fire, flood or storm.

3.8 SERVICE GUARANTEE - Flightback.org will refund its clients as per their request, in case of client dissatisfaction. Flightback.org will request the client if they accept a discounted rate, depending on the case. If the client insists on a full refund, Flightback.org will fully refund its customers in exchange for responding to a customer satisfaction survey.

4. Data Protection

 

4.1 Flightback.org will use the personal data provided by the client with the main purpose of providing the eligibility service, the information service, and justice as a service according to the agreement with flightback.org. Flightback.org can also collect personal data with other objectives to obtain statistics, for administrative reasons, communication, for computer and security administration, for authentication and authorization systems, for physical security, for support systems, a collaboration of internal projects, and to organize equipment and activities. All personal data are collected in accordance with the General Data Protection Regulation, Regulation (EC) 2016/679.

4.2 The Client provides flightback.org to personal data according to the General Data Protection Regulations or other data protection laws that may be applied, with the explicit permission to process the personal data and for its future use according to the terms of the Agreement. flightback.org will only transfer personal data to third parties under the following conditions:

i) if the client has given his consent;

ii) if it is for a purpose directly related to the original purpose for which the data were collected;

iii) if necessary for the preparation, negotiation, and fulfillment of the agreement with the client;

iv) if required due to a legal, administrative, or court order;

v) if it is required for the establishment or protection of legal claims or in defense of legal actions;

vi) if it serves to prevent incorrect use or other illegal activities such as deliberate attacks or to guarantee the security of the data.

5. Data and customer information

 

5.1 At the request of flightback.org, the client must provide to flightback.org all the data or information necessary for the execution of the agreement. The client guarantees that the data and information provided are correct, complete, and certain.

 

5.2 The customer agrees to fully indemnify flightback.org in relation to all claims by third parties, including but not limited to incorrect communication from the customer, provision of data or incorrect information, and fraudulent conduct.

 

5.3 In case of incorrect data or information and fraudulent behavior, flightback.org reserves the right to terminate the agreement with immediate effect. If the agreement is finalized in accordance with this paragraph, the client will not have any right to compensation of any kind.

6. Right to Withdraw

 

6.1 You can withdraw your acceptance of our agreement within 14 days after signing it (by letter, email, fax) without the need to specify any reason. To exercise your right to withdraw your agreement, you must communicate your cancellation in the period of 14 days mentioned above and must expressly state that you wish to withdraw your acceptance of the agreement. Due to the nature of the service provided, you will not be able to withdraw your acceptance of the agreement if you have already been informed of the acceptance of your claim by the airline since in that case, we would have completed the service you requested. The communication to cancel your agreement should be sent to customer+t&c@flightback.org

 

7. Final Provisions

 

7.1 flightback.org is authorized to modify these Terms and the price list and to establish additional conditions at any time and without prior notice. However, those changes that entail a negative effect for the client will not be applied to it, unless the client accesses said changes.

7.2 The laws of Mexico such as the New Civil Aviation Law to these Terms and Conditions, the transfer of rights form, and the agreement between flightback.org and the client will be applicable.

7.3 If any provision of these Terms becomes or becomes null, illegal, or unenforceable, this will in no way affect the validity of the remaining provisions.

 

7.4 The total or partial rights and obligations related to any claim delivered must be transferred without restrictions by flightback.org to any entity within the corporate group of flightback.org and by flightback.org to third parties.

7.5 In case of contradiction between versions of these Terms and Conditions in other languages, the Spanish version shall prevail.

 

Last updated on March 30th, 2021

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