Terms and Conditions

We at SkyRefund are pleased to welcome you to our website and we are glad you have chosen our services. Please read the Terms and Conditions below to understand the rules that regulate our relationship with you.

 

I. Definitions

“Agreement” means a contract between the Client and SkyRefund which is concluded upon accepting the Terms and Conditions or signing the Authorization Form, whichever appears earlier. The acceptance of the Terms and Conditions is done in the following way: Upon registering on SkyRefund’s website (by entering the Client’s email address) by clicking “Continue”, the Client agrees with the Terms and Conditions and the Privacy Policy.

“Airline” means the airline responsible for the Flight Disruption experienced by the Client.

“Claim Amount” means the sum that SkyRefund shall demand from the Airline as Compensation.

“Claim” means any type of claim submitted by SkyRefund on behalf of the Client to the Airline to uphold the Client’s passenger rights to Compensation.

“Claiming Process” means the process of claiming Compensation from an Airline that begins upon entering into an Agreement and terminates upon the Client receiving Compensation through SkyRefund or directly from the Airline or SkyRefund informing the Client that it will not pursue the Client’s Claim any further.

“Client” means a person who has entered into an Agreement with SkyRefund.

“Compensation” means any sum owed to the Client, including but not limited to compensation for Flight Disruption or reimbursement of flight tickets under any legal regime dealing with air passenger rights including but not limited to Regulation (EC) No. 261/2004.

“Flight Disruption” means any of the following: long delay, cancellation, denied boarding and/or downgrade, experienced by the Client, for which the Client enters into an Agreement with SkyRefund in order to uphold his/her right to Compensation.

“Legal Action” means initiating proceedings in court against the Airline, either by SkyRefund’s lawyers or a contracted legal representative such as a lawyer or a law firm.

“Authorization Form” means the written authorization that authorizes SkyRefund to collect the Claim. The parties explicitly agree that the legal effect of the electronically signed Authorization Form is equivalent to the legal effect of a handwritten signature

“Privacy Policy” means SkyRefund’s privacy policy that can be found here.

“Regulation (EC) No. 261/2004” means Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights.

“SkyRefund” means Sky Refund OOD, a company duly incorporated under Bulgarian law, registered with the Commercial Register to the Registry Agency of the Republic of Bulgaria with Company No 204419250.

“Terms and Conditions” means the present terms and conditions of SkyRefund.

 

II. The Agreement

  1. The Terms and Conditions create an Agreement.
  2. By entering into an Agreement, the Client acknowledges that he/she has the legal capacity to enter into the Agreement.
  3. By entering into an Agreement, the Client acknowledges that he/she has not authorized any third parties to uphold his/her passenger rights against the Airline. The Client warrants that no legal dispute is pending against the Airline with regards to the Flight Disruption. Any existing third party engagements must be cancelled immediately prior to entering into an Agreement.
  4. The Client warrants that all information and documentation (including information related to additional passengers) he/she provides SkyRefund with is accurate and exhaustive. SkyRefund shall not be held liable for any consequences stemming from inaccurate and incomplete information that in any way hamper the Client’s right to Compensation or limit the size of the Compensation.
  5. The Client warrants that if he/she provides SkyRefund with information about additional passengers, he/she has their consent.
  6. If the Client provides SkyRefund with information about additional passengers that are children, the Client warrants that he/she is acting within his/her legal capacity to do so.
  7. After entering into an Agreement, the Client warrants that he/she shall notify SkyRefund should his/her contact details or any personal information essential to the Claim changes.
  8. After entering into an Agreement, the Client warrants that he/she shall notify SkyRefund of any correspondence, past and present and future, kept with the Airline concerning the Flight Disruption.
  9. After entering into an Agreement, the Client must notify SkyRefund immediately if the Airline attempts to contact him/her and send to SkyRefund any related correspondence.
  10. After entering into an Agreement and receiving all the necessary documentation and information from the Client, SkyRefund will make reasonable efforts to collect the Compensation.
  11. After entering into an Agreement, SkyRefund can refuse to pursue a Client’s Claim without any reason, but will notify the Client of its refusal within a reasonable time period (Please see Article 12, Section III “Our Services” on the method of notifying Clients that have entered into an Agreement after being included in the additional passengers list).
  12. After entering into an Agreement, the Client warrants that he/she will not attempt to contact the Airline in any way with regards to the Flight Disruption. The Client is not to attempt to collect the Compensation on their own behalf or engage a third party to do so for the duration of the Claiming Process. SkyRefund shall not be held liable for any consequence stemming from a Client’s interaction with the Airline or any third party that in any way hampers the Client’s right to compensation or limits the size of the Compensation.
  13. If after entering into an Agreement, the Client receives any payment directly from the Airline related to the Flight Disruption, the Client must notify SkyRefund within the time period specified in Article 7, Section IV “Fees for Services and Payments”.
  14. The Client is not allowed in any case to terminate the Agreement unilaterally, unless under the statutory provision that entitles the Client in his/her capacity as a consumer to withdraw from the Agreement within a 14-day term from the conclusion date of the Agreement without giving any reasons. In that case no damages, penalties or other costs shall be due.
  15. To the extent not prohibited by law, in no event shall SkyRefund be liable for any special, incidental, indirect or consequential damages whatsoever, including but not limited to damages for loss of profits, loss of data, business interruption or any other commercial damages or losses.
  16. SkyRefund will not be bound to fulfill any obligations towards the Client in a situation of force majeure. SkyRefund shall suspend its commitments to the Client for the duration of the force majeure.
  17. The Agreement comes to an end when:
    1. the Compensation has been paid out by the Airline to SkyRefund and SkyRefund has transferred the agreed part of the Compensation pursuant to the methods specified in the Terms and Conditions to the Client.
    2. the Compensation has been paid out by the Airline directly to the Client and the Client has transferred the agreed part of the Compensation to SkyRefund.
    3. SkyRefund has notified the Client that it refuses to pursue the Client’s Claim any further.
    4. The Client has exercised his/her rights under Article 14, Section II “The Agreement”.
  18. This Agreement is governed by and shall be construed according to the applicable European Union law and the laws of the Republic of Bulgaria. The parties to the Agreement shall submit all their disputes arising out of or in connection with the Agreement to the competent Bulgarian court in Sofia, Bulgaria.

 

III. Our Services

  1. SkyRefund helps Clients uphold their right to Compensation from an Airline.
  2. SkyRefund performs a preliminary assessment of a Client’s prospect of receiving Compensation from an Airline. Based on the outcome of the preliminary assessment the Client is given the option of creating an account on SkyRefund’s website for the purpose of authorizing SkyRefund to initiate the Claiming Process.
  3. Once SkyRefund is authorized by the Client to submit a Claim and has received all the necessary documentation and information, SkyRefund will contact the Airline for the purpose of obtaining Compensation.
  4. The Client acknowledges that SkyRefund regards Compensation only as a monetary sum and that SkyRefund will not accept as Compensation the offer of services such as travel vouchers, airline miles or any other type of non-monetary service offered by the Airline in response to a Claim. A non-monetary offer by the Airline will be regarded as a refusal on part of the Airline to pay Compensation.
  5. In case the Airline refuses to pay Compensation and SkyRefund considers that the Airline does not have a legal basis to do so, SkyRefund will take measures such as but not limited to taking the case to a dispute resolution body or a relevant administrative body.
  6. In case the Airline persists in its refusal to pay Compensation and SkyRefund has strong grounds to consider that it is unlawful to do so, SkyRefund may take Legal Action against the Airline. The Client will be notified by email in advance if it is SkyRefund’s intention to take Legal Action and may be asked to sign a separate written authorization.
  7. Lodging a complaint with a dispute resolution body, an administrative body or taking Legal Action might be barred by a limitation period. SkyRefund shall not be held liable for any damages arising out of an expiration of a limitation period.
  8. In case the Airline pays Compensation to SkyRefund, SkyRefund will transfer the agreed part of the Compensation to the Client by the means specified in “Fees for Services and Payments” section without unreasonable delay.
  9. If a Client has entered into an Agreement after being included in the additional passenger list, SkyRefund will transfer the agreed part of the Compensation to the account holder who included the Client in the additional passenger list.
  10. The Client acknowledges that SkyRefund may pursue a sum larger than what is offered by the Airline as Compensation based on the knowledge and experience of its legal experts. In this case, the Airline’s unsatisfactory offer shall be treated as refusal on part of the Airline to pay Compensation.
  11. If at any point during the Claiming Process SkyRefund arrives at the conclusion that the Claim can no longer be considered meritorious, it will notify the Client that it will not pursue the Claim any further.
  12. Any Client that has entered into an Agreement after being included in the additional passenger list shall be deemed to have been notified if notice has been given to the account holder who included the Client in the additional passenger list.

 

IV. Fees for Services and Payments

  1. SkyRefund operates on a “no win, no fee” basis, meaning that it gets paid only when the Client receives Compensation.
  2. If SkyRefund is successful in claiming Compensation without taking Legal Action, it will charge a standard fee of 35% from the sum received from the Airline (excluding any accrued incoming bank transfer fees). SkyRefund shall provide the Client with information on the respective incoming bank transfer fees upon request.
  3. If SkyRefund is successful in claiming Compensation after taking Legal Action, it will charge, in addition to the standard fee, a litigation fee of 15% from the Compensation sum that a court awards or was settled extrajudicially as a consequence of taking Legal Action.
  4. All legal expenses and charges including legal interest that are included in an award of court, shall belong to SkyRefund, unless otherwise specified in writing.
  5. If the Client receives Compensation directly from the Airline, he/she shall owe SkyRefund a fee of 35% from the sum received from the Airline. The Client must notify SkyRefund immediately and send a bank statement that states the amount received from the Airline. If the Client does not send a bank statement to SkyRefund, he/she shall instead owe SkyRefund a fee of 35% from the Claim Amount.
  6. If the Client receives as Compensation services such as travel vouchers, airline miles or any other type of non-monetary service offered by the Airline, he/she must transfer to SkyRefund a fee of 35% from the Claim Amount.
  7. The Client must notify SkyRefund that he/she received Compensation (monetary or otherwise) from the Airline within 3 working days from the day he/she received Compensation. The Client shall transfer the agreed service fee to SkyRefund within 5 working days from receiving Compensation. Any expenses related to the transfer shall be borne by the Client.
  8. If the Client fails to fulfil any payment obligation to SkyRefund, SkyRefund will charge to the Client all costs incurred in attempting to collect the payment.
  9. SkyRefund will transfer the agreed part of the Compensation by means of an electronic bank transfer in EUR. Any expenses related to the transfer shall be borne by the Client.
  10. If the Client negligently or otherwise provides wrong or incomplete information that hampers the electronic bank transfer and requires SkyRefund to resend the agreed part of the Compensation, the Client shall owe SkyRefund a resend fee of EUR 50.
  11. A Client may request an electronic invoice to be sent to him/her by mail.
  12. All fees in this section include VAT.

 

V. Miscellaneous Provisions

  1. If any provision within the Terms and Conditions is found unenforceable, that provision will be severed from the Terms and Conditions and will not affect the validity and enforceability of the remaining provisions.
  2. Different terms and conditions may apply to persons who engage SkyRefund’s services in relation to a contract between SkyRefund and a third party.
  3. SkyRefund may transfer any rights and obligations related to a Claim to third parties.
  4. SkyRefund reserves the right to update the Terms and Conditions by posting the updated version here. Unless explicitly indicated otherwise, the updated Terms and Conditions enter into force on the day they are published on SkyRefund’s website. The Client must monitor the Terms and Conditions and familiarize himself/herself with the updated version of the Terms and Conditions when visiting SkyRefund’s website.
  5. SkyRefund’s failure to enforce and exercise any of the rights mentioned in the Terms and Conditions does not waive SkyRefund’s right to enforce or exercise such a right. Any waiver of rights shall only be effective if it is in writing and signed by SkyRefund.
  6. SkyRefund’s Privacy Policy is part of the Terms and Conditions. By entering into an Agreement, the Client shall be deemed to have been notified of and accepted the Privacy Policy.
  7. SkyRefund’s Cookies Policy is part of the Terms and Conditions. By entering into an Agreement, the Client shall be deemed to have been notified of and accepted the Cookies Policy.
  8. The Client gives his/her unambiguous consent to SkyRefund for the Processing of Personal Data (i.e. name, national identification number, date of birth, nationality, gender, address, place and country of residence, passport details, flight details, banking details and email) supplied by himself/herself or by the Client who has included him/her in the additional passenger list.
  9. In case a Client has entered Personal Data belonging to children in the additional passengers list, the Client warrants that he/she has received the consent of the child’s parent or custodian or that the Client is himself/herself the child’s parent or custodian.
  10. In case of inconsistency between the different language versions of the Terms and Conditions, the English language version shall prevail.

 

Terms and Conditions, v2, published 29.01.2021