Terms of Sales - Refundmore
By registering a case at Refundmore.com, you automatically accept the following terms and conditions:
1. GENERAL
1.1 Upon initiation/creation of a case at Refundmore, you automatically accept the following terms and conditions.
2. INFORMATION ABOUT THE SERVICE PROVIDER
2.1 The website refundmore.com (hereafter referred to as Refundmore) is owned by Danish Flyhjaelp ApS, CVR no. DK-36 91 74 90, with the address: Holmbladsgade 133, DK-2300 Copenhagen, Denmark.
2.2 Refundmore acts on behalf of the customer to ensure the greatest possible compensation.
2.3 Questions can be directed to Refundmore's e-mail: hello@refundmore.com
3. AGREEMENT
3.1 Refundmore will, to the best of its ability, ensure the greatest possible compensation. To this end, detailed, precise and accurate information is required from our customers. By setting up your case you declare that the information provided is complete and correct. Should the customer provide misleading information in violation of the aforementioned information requirements, Refundmore is entitled to and may send an invoice for the billable hours, with an hourly rate of Euro 80, VAT included.
3.2 Refundmore is acting on your behalf when contacting the airline and is entitled to take any legal action necessary to obtain the highest possible compensation.
In case the matter proceeds to court in Norway, a jurisdiction where Refundmore does not have in-house legal counsel, Refundmore has the right to share your personal information with our business partner, Wahl-Larsen Advokater, in Norway (Wahl-Larsen Advokatfirma A/S, Org. nr.: 099987654, Fridjof nansens Plass 5, 0160 Oslo, Norge). If the matter must proceed to a Central or South European court, it will be Refundmore’s business partner, Flightright (FLIGHTRIGHT GMBH, Company registration no. HRB 25958 P Rudolf-Breitscheid-Strasse 162, D-14482 Potsdam, Germany), which is responsible for the legal proceedings against the airline in a court in their geographic region. Refundmore’s clients are obligated to support the lawyers with signatures, documents and any other information needed in order for the case to be presented in court.
3.3 Refundmore represents the customer in the claim against the air carrier, and as such, you are not entitled to contact the air carrier to file a parallel claim or to receive other compensation for the same flight delay/cancellation. To ensure the best possible result in the case, after signing a power of attorney, you are required to notify Refundmore if the air carrier contacts you regarding the current case. In order to collect your claim most efficiently, Refundmore has the right to transfer your personal data to our parent company, Flightright GmbH. They will enter customer data into their internal case handling system. Data can also be transferred to Flightright’s partners – such as law firms that will handle your case in foreign courts.
3.4 If you have purchased new flight tickets you wish to get reimbursed because of the delay, you have to add the receipts for those expenses when creating the case. If Refundmore has not received the receipts before the claim is sent to the airline, Refundmore is not obliged to resend the claim for reimbursement of the extra expenses to the airline, unless they exceed 2000 DKK / 270 EUR / 2700 SEK.
3.5 You attest that your claim will not be surrendered to third parties and that no litigation is pending or expected between you and the carrier by starting a case. Once a case is initiated at Refundmore it cannot be transferred to any other individual. If you fail to comply with article 3.5, you are required to pay Refundmore's fee, equivalent to the fee Refundmore normally would be entitled to in a similar case, if the failure to comply with article 3.5 means Refundmore no longer can pursue the customer's case. Furthermore, the customer will be responsible for any costs relating to the failure to comply with the aforementioned article, among others but not exclusively, court fees and legal expenses related to a lawsuit.
3.6 Refundmore is entitled to receive information from the air carrier and the relevant authorities on your behalf.
3.7 Refundmore is entitled to terminate the case if you do not provide Refundmore with sufficient and accurate information including complete documentation.
3.8 Refundmore is entitled to negotiate a settlement with the air carrier on your behalf.
3.9 Refundmore alone decides what steps are needed to receive the highest possible compensation. There are no guidelines compelling Refundmore to follow a specified negotiation strategy.
3.10 Refundmore is entitled to receive compensation on your behalf. After Refundmore has received compensation, your portion will be transferred to you as soon as possible.
3.11 Refundmore is entitled to terminate the case at any time in the event that Refundmore considers that there is no basis for compensation.
3.12 If the air carrier refuses to pay compensation or to put forward an acceptable offer, Refundmore may automatically forward a complaint to the relevant authorities. Refundmore is solely responsible for assessing if an offer made by the carrier is acceptable.
3.13 Refundmore is solely responsible for determining whether the case should be brought before a judicial body to ensure compensation under EC Regulation 261/2004. If Refundmore considers it necessary, the case may be brought before the court without special agreement from the customer.
3.14 Qualified lawyers are the primary handlers of the cases. Refundmore also has regular agreements with a variety of lawyers in so far as Refundmore deems necessary for the specific case.
3.15 Refundmore's communications and negotiations with the airline are confidential and may not be disclosed.
3.16 The agreement can be terminated at any time if the potential fee due to Refundmore is paid.
3.17 In the event that the client wishes to prematurely withdraw the signed consent of processing the client's personal data, the client will be billed an amount which equals the work performed by Refundmore and our hourly rate of Euro 80 including VAT.
3.18 By signing the assignment form/power of attorney, the client accepts that Refundmore will begin their work collecting the compensation. From this point, is not an option to cancel the agreement between the client and Refundmore.
3.19 The right of withdrawal
All consumers have the right to cancel any product or service bought online within 14 days according to EU rules. The customer, therefore, has 14 days to cancel Refundmore's services.
The right to regret a purchase's starting point is the day the customer starts his/her case on Refundmore's website: www.refundmore.com.
According to the consumer act, the customer has the right to receive information about the right of withdrawal and the ordered service. The time limit of 14 days to cancel an order doesn't commence until the customer has been made aware of his/her rights in writing. Once a case has been registered on the aforementioned website, the customer will receive this information by email at once.
If the 14 days deadline falls on a weekend or a public holiday, the customer can wait to make use of the right to withdraw from the contract until the following workday.
By signing the power of attorney, the customer accepts these terms and that Refundmore will begin working on collecting compensation and/or refund of new ticket price on behalf of the customer immediately after registration. The customer acknowledges that once Refundmore begins working on the case immediately after the case is registered on the website, the right of withdrawal will not be provided if Refundmore has already completed the service purchased before the right of withdrawal is used.
Should the customer exercise his/her right of withdrawal before Refundmore has completed the service and transferred the compensation, Refundmore naturally accepts the customer's notice of withdrawal if it is given within the 14 days time limit. However, Refundmore will be entitled to collect a fee equivalent to the work already performed by Refundmore and the hourly rate of Euro 80 including VAT
If the customer wished to exercise his/her right of withdrawal, the customer has to inform Refundmore in writing that they wish to withdraw from the contract. The notice of withdrawal should be sent to our email: hello@refundmore.com.
4. PRICES
4.1 Please notice that we charge per item for recovery of the compensation after various types. Though we additionally guarantee that the price does not exceed 30 % of the claimed amount.
The fee is fixed per passenger by type of compensation:
Compensation per EU 261/04 Article 7 section (1) (a): 75.00 EUR.
Compensation per EU 261/04 Article 7 section (1) (b): 120.00 EUR.
Compensation per EU 261/04 Article 7 section (1) (C): 180.00 EUR.
Compensation per EU 261/04 Article 7 section (2) (a): 37.50 EUR.
Compensation per EU 261/04 Article 7 section (2) (b): 60.00 EUR.
Compensation per EU 261/04 Article 7 section (2) (c): 90.00 EUR.
The above fees correspond to maximum 30% of the total compensation received.
4.2 If no compensation is obtained from the carrier, Refundmore is not entitled to collect fees.
4.3 If the airline refunds the customer's expenses for food and drink, hotel accommodation, and/or transport between the airport and the hotel in connection with the flight delay, Refundmore will claim an hourly fee of 80€, but no more than a maximum of 30% (including VAT) of the collected expenses.
4.4 If the airline refunds the price of the customer's flight ticket, Refundmore will also claim an hourly fee of 80 € but no more than 30% (including VAT) of the costs.
4.5 If any interest arises from your claim against the airline, these interests accrues Refundmore.
4.6 If the carrier charges for transferring compensation to Refundmore, the fee will be deducted from the amount of compensation paid to the customer.
4.7 If Refundmore accrues fees associated with an international transfer to the customer's bank account, the fee will be deducted from the customer's share of the compensation. The compensation and/or refund for new ticket price will be transferred in euros to the customer, seeing as Refundmore receives the compensation in euros. This means the customer's bank might charge a fee for converting the amount into localcurrency, which is beyond Refundmore's control.
4.8 In case it is a necessity to bring the case to court to gain the payment from the airline, extra legal work will have to be carried out by Refundmore's own legal depatment or by an extern lawyers. A fee for the lawsuit procedure will in this case cost an additional 15 % of the claimed amount, VAT included. For clients in Denmark who open a case at Flyhjælp.dk, the lawsuit fee is typically 15 % of the claimed amount in addition to the regular service fee.
If there will be paid out court fees, case interests, court case fees, and other expenses/income related to the led court case, these expenses/income fees will belong to Refundmore.
4.9 If Refundmore comes to the conclusion that the case must proceed to court, Refundmore will pay the court fee, but we will bill the customer for this fee after Refundmore has won the court case on behalf of the customer. If Refundmore doesn't win the court case, the customer will not be billed for the court fee. If any legal expenses are awarded, Refundmore will be the beneficiary.
4.10 We can offer legal consultation to our customers for a fee according to the current hourly fee in Sweden.
4.11 All prices mentioned in this section are including VAT.
5. LIABILITY
5.1 Refundmore cannot be held responsible if the customer believes he or she is entitled to greater compensation than that negotiated by Refundmore.
5.2 Every effort is made to keep the information provided on refundmore.com as accurate as possible, but the service provider does not provide a guarantee concerning accuracy. The service provider cannot be held responsible for the content on the website and cannot guarantee, irrespective of the content on the website that the customer is entitled to compensation.
5.3 Refundmore is not responsible for damages incurred due to incorrect bank information or inaccurate address or similar. This includes, but is not limited to, cases where compensation has been paid to an incorrect recipient. If due to the customer's error, compensation has been paid to an incorrect recipient, Refundmore shall not be required to seek recovery of that compensation actively.
6. CUSTOMER'S LIABILITY AND OBLIGATIONS
6. 1 Refundmore accepts account information only in writing. Please be careful when entering your account information. If you submit incorrect account information to Refundmore and it results in a transfer to a bank account that you are unable to access, Refundmore is not bound to pay the compensation again to the customer's correct account.
6.2 If the airline or ticketagent pays compensation directly to the customer, the customer is obliged to inform Refundmore and pay 30% (incl. VAT) of the amount to Refundmore within 8 days of receiving compensation.
6.3 If the customer has received compensation directly from the carrier or a third party and did not inform Refundmore within 10 days, and this results in Refundmore incurring unnecessary costs in the form of court fees or similar, Refundmore may invoice the customer for a maximum of 125 EUR to recover the cost of court fees and expended labor in respect to the preparation of the application.
7. PRIVACY
7.1 Refundmore and their employees are obliged to process all information in a lawful and responsible manner, aimed at collecting only the information necessary and reasonable in relation to the claim.
7.2 The information submitted/entered by the customer will be treated confidentially by Refundmore and will not be disclosed to third parties to an extent greater than that necessary to best support the customer's claim.
7.3 However, Refundmore cannot guarantee 100 percent security for data transfers over the Internet. This means that there may be a risk that other unauthorised persons gain access to information when data is sent and stored electronically. Therefore, customers disclose their personal information at their own discretion.
8. LAW AND VALUATION CLAUSE
8.1 It is expressly agreed that Danish law applies to the agreement between Refundmore and the customer. The point of sale is deemed to be Denmark.
