Air refund

GENERAL TERMS OF USE

The following General Terms of Use establish the relationship between AirRefund S.A (hereafter “AirRefund”) is located at 7 route de Saint Julien – 1227 Carouge, Geneva, Switzerland (Trade Register Number of the Canton of Geneva: CH-660.0.717.014-3) operating the mini website https://visacard.airrefund.com (hereafter the “Mini-site“) and the Users of the Mini-site (hereafter the “Users”)

Legal terms

Responsible party:
AirRefund S.A.
7 route de Saint Julien – 1227 Carouge, Geneva, Switzerland
contact@airrefund.com
https://visacard.airrefund.com
Registration number in the Register of Commerce of Geneva: CH-660.0.7.717.014-3
Share capital: CHF 200’000
Police RCP Zurich Insurance Group No 15.520.460
CEO: Laurent Sautré
No CNIL declaration: 1909840
Hosting companies:
WP ENGINE
68 Hanbury St, London
United Kingdom E1 5JL, United Kingdom
www.wpengine.com


AMAZON WEB SERVICES
Clonshaugh Data Center
Saint Joseph, Clonshaugh Rd
Clonshaugh , Dublin 17, Ireland
https://aws.amazon.com/

1.Purpose

The General Terms of Use shall define the terms of use in which (i) AirRefund provides the Mini-site and its Service (hereafter the “Service”) to Users; and (ii) the way in which Users can access the Mini-site and use the Service.

2.Users General Terms of Use Acceptation

Each browser of the Mini-site must respect the Mini-site General Terms of Use.
By accessing the Mini-site through the following URL https://visacard.airrefund.com implies a User’s consent and acceptance of the Terms of Use. Each User must read the Terms of Use before browsing on the Mini-site and using the Service provided.

These Terms of Use are agreed upon for a permanent period from the moment the User enters the Mini-site.

3.Mini-site description:

3.1.Website access

The Mini-site access is free for every User who may have internet. AirRefund will try to guarantee 24 hour access 7 days a week except in the case of force majeure or any event outside of its control that may alter the Mini-site functions.

The User is aware and accepts that no technical support will be provided by AirRefund by phone or email.

The Mini-site has been setup in various languages and technical formats which can be easily understood and accessed by anyone using any type of device (PC/MA/Smartphone) and on any browser (such as Google Chrome, Mozilla Firefox, Safari and Internet Explorer from version 9). The Mini-site is accessible from the visa.en website through a hypertext.

AirRefund has the authority to restrict a User’s access to the Mini-site and Services, without prior notification, should the Terms of Use not be abided by.

3.2.Intellectual property

© 2014 AirRefund – Copy rights reserved.
The Mini-site, texts, pictures, designs, sounds, animations and videos which are available on the Mini-site are protected by the copyrights and belong to AirRefund and/or its partners. These elements cannot be presented or operated without written approval from AirRefund and/or its partners.
For any user license of AirRefund’s or a third-party’s intellectual property.

For further information, requests or authorisation please contact us by email on contact@airrefund.com.

3.3.Hypertext links

The Mini-site may contain hypertext links which redirects the browsing User to other websites on the internet. These links are not part of the Mini-site once entered.

AirRefund ensures not to include hypertext links on the Mini-site which would redirect to unauthorised websites.

However, AirRefund declines any form of responsibility towards the content and/or the website conception and/or third party web pages that may be accessible through hypertext links on the Mini-site and that are outside of AirRefund’s control. Furthermore, we decline any form of responsibility towards software or other tools available on these third-party websites and/or web pages. The third-party remains responsible for their own websites.

Any hypertext link creation that would redirect to the Mini-site without prior approval of AirRefund is strictly forbidden.

3.4.Cookies

For statistics and display purposes, AirRefund uses cookies. Cookies are pieces of data downloaded to a computer by a website containing details of the preferences of that computer’s user which identifies the user when revising the website. Cookies are secure and only store texts which remain confidential and often encrypted. For more information, the Users are invited to read the Cookies Policy.

4.Presentation of the Service offered

4.1.General

Through the Mini-site, AirRefund offers a Service in which it (i) provides personalised information relating to air passengers’ rights when they experience a disruption (such as cancellation, long delays or denied boarding) in accordance with the European Regulation n°261/2004, (ii) offer eligible Users assistance in claiming compensation and negotiate the same on their behalf with airline companies.

4.2.Service process

Through high-tech technology, AirRefund is able to monitor and identify flight disruptions worldwide for which the Users could be eligible to claim compensation.

In order to benefit from the Service, the User is provided access to a form which leads them through to the following 3 steps:

Step 1: the User registers his flight details for which he wants to know about his rights
Step 2: the User registers his personal data in order to pursue his claim
Step 3:
• If the flight registered by the User hasn’t been identified by AirRefund’s technology – either because it’s a future flight or too recent (less than 2 days) – AirRefund will inform the User via email, when possible, if the flight is eligible to compensation or not in accordance with the European Regulation n°261/2004.
• If the flight registered by the User has been identified by AirRefund’s technology as eligible; AirRefund will inform the User via email. The User may be asked to provide additional information regarding the flight disruption through a second form.
After checking the User’s eligibility, AirRefund will offer to handle the claim on his behalf and start negotiation with the airline company in question.

At this stage, the User remains free to entrust AirRefund with the claim or not. If the User wishes to proceed with the Service, a letter of authority will be sent to the User in order to allow AirRefund to act on his behalf.

4.3.The pricing

If the flight ticket / trip has been paid with a Visa Premium card (Visa Gold, Visa Platinum or Visa Infinite card*), the commission paid to AirRefund by the User is 20% of the compensation claimed (compared to the normal AirRefund rate of 30%)

If the flight ticket / trip has been paid with a standard Visa card (i.e. non- premium Visa card), the commission paid to AirRefund by the User is 25% of the compensation claimed (compared to the normal AirRefund rate of 30%)

The User may be required to provide documentation proof that the flight ticket was paid with a Visa card to receive the preferential rate as stated above.

VAT is not applicable
*Premium card as defined by Visa Inc. and subject to variation by market

4.4.Personal data

By browsing the Mini-site, the User is asked to provide his personal data. The User is free to disclose this information or not. However, this data is essential to provide him with the Service.

Personal data which is collected is recorded, processed and may be transferred to one of our partners in accordance with modified law n°78-17 from the 6th of January 1978 relating to IT, files and liberties.
For further information, AirRefund invites the User to read the confidentiality policy.

4.5.Service modification

The Service offered by AirRefund is constantly changing and can be amended without notice. AirRefund is entitled to shut down the Mini-site or part or all of the Service.

5.Responsibilities

5.1.User Commitments

By accepting the General Terms of Use, the User agrees to provide AirRefund with accurate and precise data. If not, the User agrees that the Service provided by AirRefund may be negatively impacted. AirRefund declines any form of responsibility with regards to the information given to the User based on inaccurate date.

The User agrees to accept the features and limits of the internet and agrees to be the only person responsible for using the data he is reading, searching or transferring on the internet. AirRefund does not have any means of controlling the content available on the internet.

The User agrees on having the right tools to enable him to use the Mini-site and its Service. It is the User’s responsibility to control the conditions of the equipment he’s using. Moreover, any potential communication fees which may result from browsing will remain the User’s responsibility.

If the User notices a gap, an error or any sort of dysfunction on the Mini-site, he’s encouraged to inform us by email at contact@airrefund.com outlining the issue.

5.2.AirRefund’s Commitments

The Mini-site has been carefully set-up. AirRefund does its best to provide accurate data and updates on the Mini-site. However, AirRefund cannot guarantee the entire and continuous accuracy of all the available information. It’s the User responsibility to check and verify such information before using the Service and/or content of the Mini-site.

AirRefund retains the right to correct errors upon notification of the same. Thus, the information and/or contents which are available on the Mini-site can be amended from time to time without notifying the User.

The User is reminded that the internet is not a secure network. AirRefund cannot be responsible for any virus that the User may acquire it his system and the negative impact it may have when trying to connect to the Mini-site.

Furthermore, AirRefund cannot be responsible for any form of damages caused to the User’s IT material and/or to any stored data and cannot be responsible for any impact on his private or professional activity.

AirRefund cannot be responsible for internet, phone or any other equipment’s dysfunction which would prevent the User from accessing the Mini-site and its Service.

AirRefund cannot be responsible for any fraudulent activity incurred and/or implement by a third-party on the Mini-site.

6.Applicable law and jurisdiction

The General Terms of Use abide by Swiss regulations.

In the event of a dispute, particularly due to the interpretation or discharge of the aforementioned agreement or the General Terms of Use, the parties shall undertake to reach an out of-court settlement; where this is not possible, the dispute shall fall within the following exclusive jurisdiction: the place of residency of the User or the Canton of Geneva if the action has been initiated by the User; the place of residency of the User if the action has been initiated by AirRefund.

If any provision of these General Terms of Use becomes ineffective, illegal or unenforceable, it does not, in no way, affect the remaining provisions.