Terms and Conditions

§1 Definitions

Terms and Conditions of ReFly

These are the Terms and Conditions of ReFly's services. Unless the context of the service Terms and Conditions requires otherwise, the capitalized terms used in these Terms and Conditions (“T&C”) shall have the meanings set forth below:

“Contract” refers to the contract between the Customer and ReFly. This agreement is concluded after the Customer has read and accepted the T&C and may be signed electronically or in writing. Under this Contract, the Customer transfers full ownership and legal title of their monetary claim under Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 or under any other applicable international or national legislation to ReFly. This includes claims for denied boarding, flight cancellations or prolonged delays, as well as claims for lost or damaged baggage compensation. This transfer includes all amounts, taxes, and other related costs.

In cases where the assignment agreement (form) is not valid or cannot be considered valid in a specific jurisdiction (country), the agreement between the Customer and ReFly shall be treated as a service contract. Under this contract, ReFly administers the Customer's Assignment and undertakes to arrange and finance the collection of the Assignment and to perform all other actions related to the Contract.

“Claim for Compensation” means any monetary claim for compensation against an airline carrier under the Regulation on monetary compensation for flights.

By “Customer” we mean a person who has signed the Contract, accepted the T&C, and seeks compensation for the flight with the assistance of ReFly.

“Regulation on Electronic Identification” refers to Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market, repealing Directive 1999/93/EC.

“Flight Compensation Regulation” is the acronym for Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004, which establishes common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellation, and long delays. This also includes any other applicable international or national legislation to the Customer in another country.

“Flight Compensation” is the total amount paid by an airline carrier as compensation, settlement, or goodwill gesture in relation to a Claim. This includes any additional expenses compensated to the Customer or ReFly by the operating carrier. It is important to note that legal fees, court costs, collection costs, interest, penalties, or similar expenses incurred during the collection process are not part of the Flight Compensation. These expenses are covered by ReFly and must be reimbursed for the benefit of ReFly.

“Price List” is detailed in Annex No. 1 to these T&C and specifies the amounts of ReFly's remuneration.

“Privacy and Data Protection Requirements” include all applicable laws and regulations concerning the processing of personal data and privacy. This includes guidelines and codes of conduct issued by relevant supervisory authorities, if any, and their equivalents in any relevant jurisdiction.

“Legal Proceedings” refer to the process where ReFly submits a Claim for Compensation to a court, alternative dispute resolution institutions, aviation regulatory agencies, consumer protection agencies, government entities, or delivers the Claim for Compensation to an appointed legal representative, such as a lawyer or law firm.

“ReFly” refers to the legal entity ReFly.org,

These definitions apply to any document or transaction related to these T&C at the time of their conclusion and execution.

§2 Agreement

  1. The foundation of any further agreement between the Customer and ReFly is the acceptance of these Terms and Conditions (T&C) by the Customer.
  2. In an effort to streamline the contracting process, ReFly employs an online authentication service for advanced electronic signatures. This service complies with the requirements specified in Article 26 of the electronic identification regulation, which is internationally recognized and accepted even in legal contexts. This approach eliminates the need for the Customer to print, physically sign, and return the Contract by registered mail.
  3. At the time of contracting a Contract, the Customer declares to be authorized and to have the legal capacity to execute documents binding both ReFly and the Customer. Alternatively, if applicable, the Customer acknowledges the right to sign on behalf of another person, such as a child.
  4. The Customer also ensures that the Assignment of flight compensation has not been transferred to third parties and that there are no ongoing or anticipated legal disputes between the Customer and the airline regarding the same matter. The Customer is aware that, with this assignment, they are precluded from entering into similar agreements or engaging with ReFly's competitors on behalf of the Customer's interests or pursuing legal actions related to Flight Compensation.
  5. The Customer undertakes to provide ReFly with all necessary data and information for the collection of flight compensation from the airline.
  6. ReFly exclusively accepts Flight Compensation and does not consider travel vouchers or other services offered by the airline.
  7. By signing the Contract and accepting the T&C, the Customer declares not to initiate direct contact with the operating airline and not to accept payments from them.
  8. The Customer acknowledges that the T&C represent a genuine expression of their will and must be respected by the airlines. The Customer and ReFly agree that any payment related to flight compensation made by the operating airlines under ReFly's Compensation Requests must be directed to bank accounts owned by ReFly or to other bank accounts agreed upon by ReFly and the Customer.
  9. Furthermore, the Customer consents to ReFly providing assistance in exercising their right to defense and collection of Flight Compensation.

§3 Following the compensation request

  1. Customers can initiate a Compensation Request by providing flight details through ReFly's website, mobile application, email, or other electronic means supported by ReFly. Upon receiving these details, ReFly will assess the potential success of the Compensation Request based on the provided flight information.
  2. It's important to note that the assessment results are not legally binding and do not guarantee the success of the compensation request.
  3. Once an agreement is established, ReFly will engage with the airline carrier to reach a settlement and prevent the need for legal proceedings.
  4. In cases where the airline carrier refuses to meet the Compensation Request after ReFly's efforts, ReFly may, at its discretion, decide to initiate legal proceedings to pursue the Compensation Request. This may occur even if ReFly believes legal action could expedite flight compensation recovery more effectively.
  5. During legal proceedings, ReFly's legal representative will have access to all client-provided data. If additional documents are needed to confirm the legal representative's authority, the client will promptly provide them with ReFly's guidance. In cases where it's necessary for the legal representative (e.g., a lawyer) to submit the Compensation Request on behalf of the client, the client and the legal representative will enter into an agreement. The client's monetary credit will then be reassigned to them from the moment the agreement is finalized. In such cases, the client and ReFly will resolve the matter according to the terms and conditions outlined in the present T&C and any other existing agreements.
  6. If, following an assessment of the claim's merits, the legal representative deems it unlikely that the claim will proceed through legal proceedings, the client will be informed. In these cases, ReFly will cease the Compensation Request, and full ownership and legal title of the Assignment will automatically revert to the client without the need for further agreements.
  7. When legal action is initiated to pursue the compensation request, the client is relieved of any incurred costs if the compensation request is not granted. If legal actions conclude with success or an agreement, ReFly covers costs not borne by the respective airline carrier. If the compensation request is granted and the client receives flight compensation, all costs incurred by ReFly and requested from the airline carrier will be paid to ReFly as agreed.
  8. Both the client and ReFly acknowledge that ReFly has the exclusive discretion to accept or reject any transaction offer based on their experience with the respective airline carrier. The Agreement provides a legal basis for the effectiveness of this discretion. The client reserves the right to revoke this acknowledgment at any time and to terminate all legal ties with ReFly in accordance with the procedures described in the T&C.
  9. Customers should be aware that the compensation request management process may take considerable time, and ReFly cannot control the speed at which compensation requests are processed.

§4 Payments and fees

  1. For the successful settlement of Assignments, as specified in these Terms and Conditions, it is essential that the flight compensation has been received and duly deposited into either ReFly's or the Client's bank account. Once the flight compensation is confirmed, ReFly and the Client will follow the established liquidation procedure outlined in the General Conditions of Contract (GCC).
  2. ReFly diligently pursues the compensation request without any charge. In the event of a positive outcome of the Compensation Request and subsequent receipt of the Flight Compensation, the agreed portion of the compensation will be transferred to the Client, in accordance with the terms and conditions specified in the Price List. Furthermore, ReFly and the Client have the flexibility to mutually agree on an alternative remuneration amount and payment terms.
  3. If ReFly does not reach a settlement agreement with the airline regarding the claim, or if it believes that legal action could expedite the recovery of flight compensation more efficiently, ReFly reserves the right to initiate legal action. This action involves an increase in the portion of flight compensation assigned to ReFly, as indicated in the Price List.
  4. The Client acknowledges the possibility of offsetting counterclaims under the Contract.
  5. In cases where the Client knowingly provides inaccurate or incomplete data resulting in additional costs for ReFly, the Client is responsible for reimbursing such costs.
  6. As ReFly's registered office is in Hong Kong, the application of Value Added Tax (VAT), if applicable, complies with Hong Kong's legal regulations and applicable tax rate.
  7. If the Client provides incorrect or insufficient information for receiving flight compensation, and if this results in funds being returned to ReFly, ReFly is authorized to deduct any additional expenses incurred. Should the Client fail to correct or provide necessary information after ReFly's prompts and reasonable attempts, ReFly may retain the portion allocated to the Client.
  8. In the context of SEPA accounts, all payments are made via bank transfer. For international transfers to the Client, any associated bank charges are deducted from the Client's share of the flight compensation.
  9. To streamline financial processes and reduce bank costs, in scenarios involving shared bookings or similar situations (e.g., parents receiving compensation on behalf of children), ReFly transfers all payments to a designated single account, with the Client's consent or specific instruction. In these cases, the person responsible for distributing funds to the recipients must facilitate disbursement, with ReFly assuming no responsibility for any missed payments.
  10. ReFly assumes no liability in cases of loss of checks, prepaid debit cards, credit cards, or similar payment methods, and disclaims any responsibility for issues arising from the provision of inaccurate bank information by the Client.
  11. When necessary, ReFly provides electronic invoices or other required documents via email.
  12. ReFly disclaims any liability if unable to disburse agreed flight compensation due to circumstances beyond its reasonable control. Such circumstances may include, among others, strikes, labor disputes, natural events, wars, civil unrest, compliance with legal mandates or government orders, and regulatory changes.
  13. Payments of flight compensation and other related amounts are strictly disbursed by ReFly to final beneficiaries entitled to flight compensation. ReFly refrains from making payments to intermediaries, agencies, representatives, or third parties unless they can unequivocally demonstrate in writing their authority to accept payments on behalf of the final beneficiary. In cases of uncertainty regarding entitlement to receive payments, ReFly reserves the right to request further verification of the beneficiary's authority and may unilaterally refuse payments directed to such individuals.

§5 Guidelines for cooperation with ReFly customers

  1. Before using ReFly's services, the Customer ensures not to have transferred the Assignment by other means or tasked a third party to pursue the claim.
  2. The Customer is responsible for providing ReFly with accurate, complete, and truthful data and information regarding the Compensation Request. Otherwise, the Customer may indemnify ReFly from any claims arising from inaccurate information or inadequate collaboration.
  3. The Customer agrees to provide ReFly with all necessary data and documents for processing the Compensation Request. These may include identification documents, boarding passes, delay notifications, and any correspondence with the airline carrier, as required.
  4. If, after using ReFly's services, the Customer receives any form of flight compensation (e.g., a flight voucher) from the airline carrier, the Customer must promptly inform ReFly. In such cases, the Customer is required to compensate ReFly, as specified in Section 3.2 or 3.3, within ten (10) days of receiving flight compensation from the airline carrier. Payment must be made to the bank account specified on ReFly's website or any other account specified by ReFly in writing.
  5. In the event that the Customer provides inaccurate or incomplete data, or fails to provide information regarding the receipt of Flight Compensation from the airline carrier for the same Compensation Request, and ReFly is unable to recover the Flight Compensation or mitigate losses through legal proceedings, ReFly reserves the right to assert its claim against the Customer for any damages suffered.

§6 Cessation and Withdrawal Policy from ReFly

The Contract may be terminated under the following circumstances:

  1. ReFly reserves the right to terminate the Contract if, following a thorough evaluation, it is determined that the compensation claim is unlikely to succeed, duly notifying the Customer.
  2. Termination may also be initiated by ReFly if the Customer provides incorrect data, misleading information, or engages in fraudulent activities.
  3. The Customer has the right to withdraw from the Contract within 14 (fourteen) days of its conclusion without specifying reasons. The withdrawal notice must be sent via email.
  4. If the Customer chooses to terminate the Contract after the commencement of contractual work or after ReFly and/or its legal representatives have initiated legal proceedings, ReFly reserves the right to charge the Customer administrative expenses and other related costs. These expenses include legal costs, service charges, judicial officer expenses, extrajudicial expenses, authorized representative expenses, additional expenses, and other relevant costs. The Customer is required to settle these amounts as specified in this section within ten (10) days of receiving ReFly's invoice.
  5. If the Customer is classified as a consumer under EU consumer regulations, operating outside of commercial activities, they have the legal right to terminate the Contract and reclaim full ownership of their Assignment. The Customer may initiate Contract termination by sending written notice to ReFly with at least 5 days' notice. Upon termination by the Customer, ReFly reserves the right to request reimbursement of incurred costs.

§7 Price List ReFly

  1. The Price List contains detailed explanations of all terms in uppercase and concerns payments related to the Flight Compensation Regulation. Any other service provided by ReFly will be subject to separately agreed conditions.
  2. No upfront fee: ReFly's search for your compensation request is completely free. There are no fees if flight compensation is not recovered from the airline.
  3. ReFly Compensation: Once your flight compensation is successfully recovered, a pre-agreed portion will be deducted from the compensation paid by the airline. The specific remuneration structure is as follows:
  4. For flights of length equal to or less than 1,500 km, where you are entitled to flight compensation of EUR 250, ReFly's remuneration is EUR 99.25, including applicable VAT.
  5. For intra-EU flights exceeding 1,500 km and flights between 1,500 km and 3,500 km, where you are entitled to compensation of EUR 400, ReFly's remuneration is EUR 158.80, VAT included.
  6. For all other flights not mentioned above, where you are entitled to compensation of EUR 600, ReFly's remuneration is EUR 238.20, VAT included.
  7. If the entitled flight compensation varies, ReFly's remuneration will be 39.7% of the received flight compensation, including applicable VAT.
  8. Legal proceedings: In cases where an agreement with the airline cannot be reached or when the flight compensation recovery process would be expedited by legal action, ReFly will initiate legal proceedings and is entitled to an increased remuneration to cover additional costs associated with legal proceedings, including court costs, translation costs, legal fees, and administrative expenses.

ReFly Compensation for Legal Proceedings:

  1. For flights up to 1,500 km, where you are entitled to a flight compensation of 250 EUR, ReFly's fee is 125 EUR, including VAT.
  2. For intra-EU flights over 1,500 km and flights between 1,500 km and 3,500 km, where you are entitled to a compensation of 400 EUR, ReFly's fee is 200 EUR, including VAT.
  3. For all other flights not mentioned above, where you are entitled to a compensation of 600 EUR, ReFly's fee is 300 EUR, including VAT.
  4. If the entitled flight compensation varies, ReFly's fee will be 50% of the received flight compensation, including applicable VAT.

§8 Concluding Provisions of ReFly

  1. The laws of Hong Kong, the T&C, the Contract, and any other document related to the T&C and the Contract, unless specified otherwise in specific documents. If the Customer is a consumer, they also retain the right to seek protection under mandatory provisions provided by the laws of their country of residence.
  2. ReFly reserves the right to amend the Terms and Conditions (T&C) and introduce additional terms at any time, without prior notice. However, ReFly will make every reasonable effort to inform the Customer of such changes. If any of these changes are unfavorable to the Customer, they must consent to these changes for the modified T&C to apply to their specific situation.
  3. If the Customer is a legal entity, they ensure and declare that:
    • Personal data provided to ReFly has been and will continue to be collected and provided in accordance with privacy and data protection requirements.
    • For the purposes of this Contract, ReFly acts as a data processor rather than a data controller (as defined under privacy and data protection requirements) in relation to all data processing activities conducted under this Contract.
  4. ReFly will use the Customer's personal data, as well as that of its employees if applicable, solely for the purpose of pursuing the Compensation Claim. For a comprehensive understanding of the methods and parameters for the collection, storage, and use of data, please refer to ReFly's privacy policy.
  5. Any dispute, controversy, or claim arising from or related to the T&C, including their breach, termination, or validity, shall be finally resolved by the appropriate court within Hong Kong, in accordance with jurisdiction rules, unless mandatory legal provisions dictate otherwise.
  6. If any provision of the T&C is found unlawful, void, or unenforceable by a court or arbitral tribunal, the remaining provisions of the T&C shall remain fully effective. If a provision is found unlawful, void, or unenforceable only in part or to a certain extent, it shall remain fully effective to the extent that it is not found unlawful, void, or unenforceable. ReFly will amend the T&C by replacing such unlawful, void, or unenforceable provisions with legal, valid, and enforceable clauses that align as closely as possible with ReFly's and the Customer's intentions. ReFly will make its best efforts to ensure the full implementation of all provisions of this document.
  7. In case of discrepancies between the English version of the T&C and any other language, the English text shall prevail.