1. Definitions
To ensure clarity and effective understanding of these terms and conditions, the following definitions are used in this contractual document. Please note that the definitions apply equally to the singular and the plural.

1.1. “RIMBORSI AEREI”, “Owner” or “Provider”: the company RIMBORSI AEREI S.r.l., with registered office in Rome (RM), Via Chiusi no. 14, VAT no. 16932981000, R.E.A. registration no.: RM-1685094, represented by its legal representative pro tempore, owner of the RIMBORSI AEREI trademark and of the Site.

1.2. “Passenger”: the natural person who requests the provision of the Services covered by these General Terms of Service.

General Terms and Conditions of Service": this contractual document governing, together with the Mandate, the contractual relationship between the Parties. This distance contract is governed, inter alia, by Legislative Decree No. 70 of 9 April 2003, containing the regulations on electronic commerce.

1.4. “Mandate”: the mandate agreement signed by the Passenger, which sets out the specific conditions and the Services the Passenger intends to use, and forms an integral part of these General Terms of Service.

1.5. “Parties”: RIMBORSI AEREI and the Passenger, jointly.

1.6. “Request”: the proposal to purchase the Services made by the Passenger through the Site, to be submitted after completing the relevant form and attaching the required documentation.

1.7. “Services”: the services offered by RIMBORSI AEREI and governed by these General Terms of Service and by the Mandate. The Services consist of the submission and management, by Rimborsi Aerei in the name and on behalf of the Passenger, of complaints aimed at obtaining from airlines any “compensation” provided for by EU Regulation no. 261/04 and/or any other sum that may be due by way of refund and/or damages under the national and international legislation applicable to passenger rights, as well as every consequent and necessary activity, including any subsequent alternative dispute resolution procedure and/or legal proceedings. The agreement between the Parties covers the Services defined in the Mandate.

1.8. "Site": the website owned and operated by RIMBORSI AEREI and accessible on-line at the web address https://www.rimborsiaerei.comwhere Passengers can request the Services offered by RIMBORSI AEREI.

TSP": Means the electronic signature provider and specifically DocuSeal, LLC, 332 S Michigan Ave, Suite 121 #5896, Chicago IL 60604, support@docuseal.com. The TSP is a certified trust service provider recognised within the European Union and, therefore, documents signed by the Parties with electronic signatures or digital signatures with legal value created by the TSP shall be fully valid and effective.

2. Subject of the contract and services offered

2.1. With the present contract, RIMBORSI AEREI offers Passengers, at their request and against possible payment to be paid by the Airline, the Services, as better defined in Article 1 and specified within the Mandate.

• For the following airlines: Aegean Airlines, Air France, American Airlines, Aeroitalia, Austrian Airlines, British Airways, Brussels Airlines, Delta Airlines, Etihad, Ita Airways, KLM, Latam, Lufthansa, Neos, Qatar Airways, Swiss Air, Turkish, Airlines, United Airlines, Rimborsi Aerei Srl shall retain a fee of 20% of the amount received, (as a result of the pecuniary compensation" claimed (or a part thereof) and/or any other different sum due as reimbursement and/or compensation for damages on the basis of the applicable national and international laws) by way of compensation and reimbursement for expenses incurred or of the amount liquidated by the court hearing the case, by way of lot, at the conclusion of the judicial proceedings or at the conclusion of the extrajudicial proceedings (mediation/negotiation).
• In the event that the claim for the aforementioned sums proves to be unsuccessful, no compensation and/or reimbursement of expenses will be due from the Passenger to RIMBORSI AEREI for the activity carried out.

2.2. In particular, with regard to the air journey indicated in the Mandate, RIMBORSI AEREI will – in the name and on behalf of the Passenger – submit the complaint aimed at obtaining from the airline the “compensation” provided for by EU Regulation no. 261/04 and/or any other sum due by way of refund and/or damages under the national and international legislation applicable to passenger rights. To this end, RIMBORSI AEREI will handle every further related and consequent activity, including the possible initiation of an alternative dispute resolution procedure (assisted negotiation and/or mediation) or of legal action against the carrier liable to pay the above sums.

2.3. Unless otherwise agreed between the parties, the obligation of RIMBORSI AEREI to provide the Services requested is an obligation of means and not of results and is therefore never subject to an assessment in terms of performance and/or results achieved.

2.4. These General Terms of Service do not regulate the sale of products or the provision of services by third parties using direct links to the Site through banner or via other hyperlinks/links. On the websites that can be consulted via these links, RIMBORSI AEREI does not carry out any type of control/monitoring. Therefore, under no circumstances may RIMBORSI AEREI be held liable for the goods or services promised by third parties or for the execution of transactions between the Passengers of the Site and third parties.

2.5. These General Terms of Service may be amended at any time. Any amendments and/or new terms will take effect from the moment of their publication in the relevant section of the Site. For this reason, users are invited to consult the most recent version of the General Terms of Service before submitting any request. The General Terms of Service applicable are those in force on the date the request is submitted. The Passenger must read these General Terms of Service carefully, which may be stored, reproduced and printed on a durable medium, as well as all other information provided, before and during the purchase procedure.

3. Procedure for submitting the request and concluding the contract

3.1. These General Terms of Service and the details on the Site constitute a mere invitation to make a proposal to purchase the Services.

3.2. Pursuant to Legislative Decree no. 70 of 9 April 2003 on electronic commerce, RIMBORSI AEREI informs Passengers that:

• The contract between RIMBORSI AEREI and the Passenger is concluded via the Internet;
• by accessing the Site and following the procedures indicated, the Passenger will formalise the Request.
• The Request will be finalised by completing the procedure described herein, which is available in Italian and English and can always be corrected, modified and cancelled, up to the time of submission;
• Submitting the Request constitutes a non-binding proposal to conclude the contract for the provision of the Services and, therefore, for representation in the submission and management of a complaint aimed at obtaining from the airline any “compensation” provided for by EU Regulation no. 261/04 and/or any other sum that may be due by way of refund and/or damages under the national and international legislation applicable to passenger rights, and for every consequent action, including legal action, and/or activity;
• the Request will be assessed by RIMBORSI AEREI, which expressly reserves the right to accept it or not, also after verifying that the legal requirements for submitting the complaint to the airline concerned are met.

3.3. To purchase the Services, the Passenger must complete and submit an electronic request form as follows:

The Passenger shall access the homepage of the Site

where they must:

• (i) fill in the fields with the required information (first name, last name, e-mail and airline with which you travelled) and click on "Enter flight data";
• (ii) fill in the additional fields with the information necessary to identify the flight in respect of which the complaint is to be made (date and flight number, type of flight, number of passengers and type of inconvenience) and click on "Proceed to upload ticket";
• (iii) upload, in JPG, PNG or PDF format with a maximum size of 5MB, a copy of the air travel ticket (a maximum of 3 files can be uploaded) and briefly describe what happened;
• (iv) electronically transmit to RIMBORSI AEREI the purchase proposal complete with all the required data by clicking on "SEND REFUND REQUEST";

Summary of the Request: prior to submitting the Request, the Passenger will be asked to identify and correct any possible errors that may have occurred when filling in the fields and to read these General Terms and Conditions carefully, to print a copy of them using the print option and to save or request a copy for personal use. The summary of the Request will indicate: the details of the Request, the price of the Services, including taxes, other additional costs (if applicable);
to submit the Request, the Passenger must click on the “[INVIA RICHIESTA RIMBORSO]” button.
The Request will be deemed submitted when RIMBORSI AEREI electronically receives the duly completed form, together with the required documentation, and the information relating to the Request has been checked as correct by the Passenger beforehand.

3.4. By submitting a Request, the Passenger declares that they have read all the information provided during the procedure and that they fully accept these General Terms of Service.

3.5. As an alternative to the procedure set out in point 3.3. above, the Request, accompanied by all the information and documentation indicated above, may be sent by e-mail to [.INFO@RIMBORSIAEREI.COM].

3.6. After sending the Request, the Passenger will receive an email from RIMBORSI AEREI at the email address indicated when filling out the form, confirming receipt of the Request and containing: a copy of these General Conditions of Service, the Passenger's contact details, flight details and the request. The Passenger undertakes to verify the accuracy of the data contained therein and to promptly communicate any corrections to RIMBORSI AEREI at the email address [INFO@RIMBORSIAEREI.COM].

3.7. Upon receipt of the Request, RIMBORSI AEREI will verify the accuracy and completeness of the data entered and the attached documentation, and will contact the Passenger for any clarifications and/or additional information.

3.8. RIMBORSI AEREI will then verify the existence or otherwise of the legal prerequisites for lodging a claim against the Airline concerned and, on the basis of this assessment, which is understood to be entirely discretionary and not open to review, will send an e-mail to the Passenger with which

• inform the Passenger that it does not accept the Request and, therefore, does not accept the appointment to represent the Passenger in the submission and subsequent management of the complaint, or in any consequent action, including legal action, or activity; or
• will transmit to the Passenger the link through which he/she will be directed to the web page containing the Mandate to be completed and signed in order to conclude the contract for the provision of the Services.

In the latter case, the Mandate must be signed electronically by the Passenger through the TSP by means of an electronic signature.

3.9. Upon receipt of the duly signed Order, RIMBORSI AEREI will send the Passenger an e-mail confirming the purchase of the Services, containing a summary of the general and specific terms and conditions applicable to the contract, the price of the Services, the applicable taxes and levies, and an indication of the right of withdrawal.

3.10. Since the Request constitutes a mere proposal for the purchase of the Services, the contract shall only be deemed to have been concluded when RIMBORSI AEREI sends the email confirming the purchase of the Services referred to in paragraph 3.9.

3.11. The Passenger therefore acknowledges that the Requests are subject to acceptance by RIMBORSI AEREI, which reserves the right, at its own discretion, to reject them, including in cases where

1. a) the Services cannot be provided because of an error in the information provided by the Passenger when submitting the request (e.g. incorrect personal and/or flight data; insufficient or incorrect email address; misleading information; incomplete and/or missing documentation);
2. b) an error has occurred on the Site;
3. c) RIMBORSI AEREI establishes that the legal requirements for submitting a complaint and/or, in any case, for obtaining the “compensation” provided for by EU Regulation no. 261/04 and/or any other sum that may be due by way of refund and/or damages under the national and international legislation applicable to passenger rights are not met.

3.12. Pursuant to Article 12 of Legislative Decree 70 of 2003, RIMBORSI AEREI informs the Passenger that each Request sent is stored in digital or paper form at its premises, in accordance with criteria of confidentiality and security. The Passenger may at any time request a copy from RIMBORSI AEREI by writing to the email address [INFO@RIMBORSIAEREI.COM].

4. How the services are provided

4.1. Following the conclusion of the contract, and therefore the sending of the confirmation of the purchase of the Services referred to in section 3.9., RIMBORSI AEREI will proceed - in the name and on behalf of the Passenger - to present the claim aimed at obtaining from the Airline the "financial compensation" provided for by EU Regulation No 261/04 and/or any other different sum due as reimbursement and/or compensation for damages on the basis of applicable national and international regulations. To this end, RIMBORSI AEREI will take care of any further related and consequent activity.

4.2. Should the activity referred to in paragraph 4.1. not be sufficient to obtain the "pecuniary compensation" envisaged by EU Regulation No. 261/04 and/or any other different sum due by way of reimbursement and/or compensation for damages on the basis of the applicable national and international regulations, RIMBORSI AEREI - as agent with special power of attorney pursuant to articles 1704 and 1387 et seq. of the Civil Code - may, among other things, appoint, pursuant to articles 77 of the Code of Civil Procedure and 1387 of the Civil Code - its own trusted lawyer in order to claim, including through alternative dispute resolution means (mediation and/or assisted negotiation) and/or legal action, what is due to the Passenger.

4.3. In the event of alternative means of dispute resolution (mediation and/or assisted negotiation) and/or legal action against the Airline, RIMBORSI AEREI will inform the Passenger by means of a specific communication.

4.4. In all cases of the appointment of a lawyer, RIMBORSI AEREI shall bear the necessary costs (including those for instituting legal proceedings), which shall remain borne by RIMBORSI AEREI even if the legal proceedings prove unsuccessful, as well as in the event of an order to pay the other party's costs:

• Only for the following airlines: Aegean Airlines, Air France, American Airlines, Aeroitalia, Austrian Airlines, British Airways, Brussels Airlines, Delta Airlines, Etihad, Ita Airways, KLM, Latam, Lufthansa, Neos, Qatar Airways, Swiss Air, Turkish, Airlines, United Airlines, Rimborsi Aerei Srl shall retain a fee of 20% of the amount received, (as a result of the "pecuniary compensation" requested (or part of it) and/or any other different sum due as reimbursement and/or compensation for damages on the basis of the applicable national and international laws) by way of remuneration and reimbursement for expenses incurred or of the amount liquidated by the court hearing the case, by way of lot, at the conclusion of the judicial proceedings or at the conclusion of the extrajudicial proceedings (mediation/negotiation/complaint).
• In the event that the claim for the aforementioned sums proves to be unsuccessful, no compensation and/or reimbursement of expenses will be due from the Passenger to RIMBORSI AEREI for the activity carried out.

4.5. In the event of alternative dispute resolution (mediation and/or assisted negotiation) and/or legal action, the Passenger, expressly authorising the processing of their personal data in accordance with Legislative Decree 196/2003 and EU Regulation no. 2016/679, undertakes to provide the appointed lawyer with any information useful for the successful outcome of the proceedings and/or judgement and authorises, as of now, RIMBORSI AEREI to settle, collect sums and settle on its behalf without retaining any commission for the service rendered, with the exception of the airlines Aegean Airlines, Air France, American Airlines, Aeroitalia, Austrian Airlines, British Airways, Brussels Airlines, Delta Airlines, Etihad, Ita Airways, KLM, Latam, Lufthansa, Neos, Qatar Airways, Swiss Air, Turkish, Airlines, United Airlines, where Rimborsi Aerei shall withhold from the refund a fee equal to 20% for the activities performed.

5. Duration

5.1. The contract will end upon the occurrence of one of the following events:

• crediting to the Passenger's bank account by RIMBORSI AEREI of the payment made by the Airline of the "financial compensation" provided for in EU Regulation No. 261/04 and/or any other different sum due by way of reimbursement and/or compensation for damage on the basis of the applicable national and international regulations, and requested in the context of a claim, an alternative dispute resolution procedure (mediation and/or assisted negotiation) or legal action;
• sending by RIMBORSI AEREI of the communication by which it withdraws from the appointment because it:
• establishes, in the course of the appointment, that the legal requirements for obtaining the “compensation” provided for by EU Regulation no. 261/04 and/or any other sum due by way of refund and/or damages under the applicable national and international legislation and claimed in the complaint are not met;
• determines, at its sole discretion, that the complaint submitted and/or any further out-of-court actions taken, including following the airline’s refusal to uphold the complaint and/or, in any case, to pay the amount claimed, are likely to be unsuccessful;
• after informing the Passenger of the Airline's proposal under section 6.3., the Passenger rejects this proposal.
• receives, from the appointed lawyer, a negative opinion on the commencement and/or continuation of the alternative dispute resolution proceedings (mediation and/or assisted negotiation) and/or litigation to be commenced and/or undertaken.

6. Costs and payment

6.1. In all cases of obtaining the requested "financial compensation" (or part of it) and/or any other different sum due as reimbursement and/or compensation for damages on the basis of the applicable national and international regulations, RIMBORSI AEREI will be entitled to compensation and reimbursement for expenses incurred that will be determined, on a case-by-case basis, between RIMBORSI AEREI and the Airline, if settled out of court, or by the Judge at the conclusion of the legal proceedings. It is understood that this compensation will be additional to the amount due to the Passenger in accordance with the applicable regulations and, therefore, the same will be paid in addition to the amount due to the Passenger by way of "monetary compensation".

For the following airlines: Aegean Airlines, Air France, American Airlines, Aeroitalia, Austrian Airlines, British Airways, Brussels Airlines, Delta Airlines, Etihad, Ita Airways, KLM, Latam, Lufthansa, Neos, Qatar Airways, Swiss Air, Turkish, Airlines, United Airlines, after the sending of the warning and/or out-of-court complaint and/or legal action the "financial compensation" claimed (or a part thereof) and/or any other different sum due by way of reimbursement and/or compensation for damages on the basis of the applicable national and international legislation is obtained, to Rimborsi Aerei shall be due from the Customer a sum equal to 20% (twenty per cent, inclusive of VAT) of the amount received, by way of compensation and reimbursement for expenses incurred, or of the amount liquidated by the Court hearing the case, by way of lot, at the conclusion of the judicial proceedings or at the conclusion of the out-of-court proceedings (mediation and/or negotiation/complaint).

6.2. In the event that the claim for the aforementioned sums proves to be unsuccessful, no compensation and/or reimbursement of expenses will be due from the Passenger to RIMBORSI AEREI for the activity performed.

6.3. In the event that the Airline offers the Passenger a lower sum than that to which he is entitled under applicable Passenger Rights legislation, RIMBORSI AEREI will inform the Passenger in order to obtain his authorisation to accept or reject this offer. In the event of non-acceptance, RIMBORSI AEREI reserves the right to renounce the Mandate.

6.4 Where the Client, after various reminders and reasonable efforts by Rimborsi Aerei to contact them using the details provided at the time of engagement, as per Article 6 (Duties and Obligations of Rimborsi Aerei), fails to provide any response regarding the information necessary for the payment of the agreed amount in relation to the Refund, Rimborsi Aerei shall be entitled, after the expiry of the 6-month period commencing from the last reminder sent, to retain, as compensation, the Refund that would have been due to the Client.

7. Right of Withdrawal

7.1. Consumer right of withdrawal
In the event that the Passenger is a consumer, they have the right to withdraw from the contract for any reason whatsoever, without having to provide an explanation and without penalty. In order to exercise the right of withdrawal, the Passenger must give timely notice no later than 14 (fourteen) days from the date of receipt of the communication confirming the purchase of the Services referred to in Article 3.9. This notice must be sent to RIMBORSI AEREI by sending an e-mail to info@rimborsiaerei.com.

Moreover, if the Customer, after the case has been registered with the competent Judicial Office (with consequent payment by Rimborsi Aerei S.r.l. of the unified contribution of EUR 43.00 and/or EUR 98.00 and the possible revenue stamp of EUR 27.00 depending on the value of the claim), decides he/she no longer wishes to proceed against the airline company, or decides to withdraw from this contract, he/she will be required to pay Rimborsi Aerei S.r.l. a lump sum of EUR 100.00 (one hundred/00) as commission and reimbursement of out-of-pocket expenses incurred.

The Client guarantees that the debt subject to this mandate has not already been assigned to other parties for the same recovery. Should it emerge that the Client has already appointed third parties or that the case is already being managed, settled or is otherwise unworkable for this reason, the Client shall be obliged to pay Rimborsi Aerei S.r.l. a penalty of €200.00 for the work carried out in vain.

The communication must include the following information concerning the Passenger: date of signing the Mandate; flight data; name and address of the Passenger; indication of the Passenger's e-mail and telephone number.

Alternatively, the passenger may use the withdrawal form made available at this link: https://www.rimborsiaerei.com/wp-content/uploads/2023/06/modello-diritto-di-recesso.pdf

7.2. Revocation of the Passenger

The Mandate conferred is intended to be irrevocable and, therefore, in the event that the Passenger wishes to revoke it, the latter shall be liable for the damages suffered by RIMBORSI AEREI, unless just cause is shown.

The Passenger shall promptly notify RIMBORSI AEREI by sending an e-mail to info@rimborsiaerei.com.

7.3. Waiver of RIMBORSI AEREI

RIMBORSI AEREI may renounce the Mandate granted by the Passenger in the cases referred to in point 5.1., letter b). The Passenger expressly acknowledges that such cases constitute just cause pursuant to Article 1727 of the Italian Civil Code and that nothing will be owed by RIMBORSI AEREI by way of penalty and/or damages.

RIMBORSI AEREI must promptly notify the Passenger thereof at the email address provided by the Passenger when submitting the Request.

8. Role and obligations of Rimborsi Aerei

8.1. Following the conclusion of the contractand therefore of the sending of confirmation of the purchase of the Services as set out in paragraph 3.9. above, RIMBORSI AEREI undertakes to perform the Services with the professionalism, diligence and expertise required. In particular, RIMBORSI AEREI undertakes to:

• verify, in the course of the appointment, that the legal requirements are met for obtaining the “compensation” provided for by EU Regulation no. 261/04 and/or any other sum due by way of refund and/or damages under the national and international legislation applicable to passenger rights and claimed in the complaint;
• assess whether the complaint submitted and/or the further out-of-court actions to be taken are likely to be upheld;
• submit the complaint and the necessary documentation and/or take the further out-of-court actions against the airline and/or its representatives;
• manage the complaint and/or the further out-of-court actions until their conclusion, conducting the necessary correspondence with the airline and/or its representatives;
• inform the Passenger of their actions.
• credit the Customer's current account with the "monetary compensation" obtained from the airline without any added commission, except for Aegean Airlines, Air France, American Airlines, Aeroitalia, Austrian Airlines, British Airways, Brussels Airlines, Delta Airlines, Etihad, Ita Airways, KLM, Latam, Lufthansa, Neos, Qatar Airways, Swiss Air, Turkish, Airlines, United Airlines, for which a fee of 20% is envisaged, by way of compensation and reimbursement of the costs incurred or of the amount paid by the court hearing the case, by way of lot, at the conclusion of the judicial proceedings or at the conclusion of the out-of-court proceedings (mediation/negotiation/complaint).
• not claim from the Customer any compensation, commission or reimbursement of expenses in the event of an unsuccessful claim;

8.2. RIMBORSI AEREI will inform the Passenger of any unforeseen events that may occur in the course of providing the Services, reserving the right to depart from the instructions received where such events cannot be communicated to the Passenger in good time and it can reasonably be assumed that the Passenger would have approved.

8.3. RIMBORSI AEREI will inform the Passenger without delay of the outcome of the complaint and/or of the alternative dispute resolution procedure and/or of the legal proceedings brought.

8.4. RIMBORSI AEREI will maintain the Site, update it in line with new programming techniques and ensure the security of the data and information on the Site.

8.5. RIMBORSI AEREI undertakes to inform the Passenger about how the Site works and to assist them when necessary.

8.6. RIMBORSI AEREI can in no way be held liable for unlawful, illegitimate, false or inaccurate content in the documentation and/or information provided by the Passenger, and the Passenger undertakes to indemnify and hold RIMBORSI AEREI harmless from any related claim.

8.7. Except in the event of wilful misconduct or gross negligence, any right of the Passenger to compensation for damages or the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-functioning of the Website and/or the Services offered by RIMBORSI AEREI is excluded.

8.8. RIMBORSI AEREI accepts no liability for content created or published on third-party websites to which the Site is linked, as RIMBORSI AEREI has no control over such links and is not responsible for the content of those third-party websites.

8.9. RIMBORSI AEREI shall not be liable for (i) losses that are not a consequence of a breach of the General Conditions of Service, (ii) any loss of business opportunity (including lost profits, revenue, contracts, deemed savings, data, goodwill or unnecessary expenses), (iii) any other indirect or consequential loss, whether or not foreseeable by the Passenger at the time when he/she started using the RIMBORSI AEREI Services.

8.10. In any event, no claim made against RIMBORSI AEREI shall exceed the amount of the purchase price of the Services that gave rise to the claim.

8.11. The Supplier assumes no obligations beyond those provided for in the Mandate and the General Terms and Conditions of Service and makes no warranties with respect to the services rendered or due under the same, including with respect to the results of such services or their fulfilment of a specific purpose.

8.12. The Supplier accepts no liability whatsoever for direct or indirect damages suffered by the Passenger or by third parties in relation to personal data processed by the Supplier in execution of the Mandate and the General Conditions of Service that are found to have been acquired, processed and/or stored by the Passenger in a manner that does not comply with the EU General Data Protection Regulation 2016/679 (GDPR).

8.13. If the Passenger does not provide the Supplier, within a reasonable period of time in relation to the nature of the service in question, with the information requested by the latter, the Passenger waives his right to lodge any claim against RIMBORSI AEREI and holds the latter harmless in this respect.

8.14. In all cases of crediting the current account of RIMBORSI AEREI with the requested "monetary compensation" (or part thereof) and/or any other different sum due by way of reimbursement and/or compensation for damage on the basis of applicable national and international regulations, RIMBORSI AEREI undertakes to credit such sums to the current account provided by the Passenger within 3 days of the actual receipt of such sums. It is understood that the sums credited to the current account of RIMBORSI AEREI, only to be credited back to the Passenger's current account, do not generate interest. It is also understood that RIMBORSI AEREI will not be liable in any way for delays in the re-crediting of such sums due to the Passenger's lack, erroneous and/or incomplete indication of the bank details at which to make the transfer in his favour.

9. Obligations of the passenger

9.1. The Passenger undertakes to use the Site and the Services purchased on the Site exclusively in accordance with these General Terms of Service, for lawful purposes and in any case without infringing the rights of RIMBORSI AEREI, of the airlines concerned and/or of third parties. The Passenger undertakes to indemnify the Provider, its employees or collaborators against any claim for damages or demands made by third parties for acts or omissions of the user in their interaction with the Site or in connection with purchases of Services made through the Site.

9.2. The Passenger declares that all information provided is true, accurate and not misleading, undertakes to keep it so and to promptly notify RIMBORSI AEREI of any breaches. The Passenger is solely responsible for omissions or for false, inaccurate, incomplete or omitted information.

9.3. For the purpose of providing the Services, the Passenger is obliged to provide RIMBORSI AEREI with all the material and information necessary in order to enable the performance of the Mandate in the best possible manner, guaranteeing that he or she has the ownership̀ and/or authorisations to process and/or produce such documentation, as well as for the use of personal information. Such documentation must not infringe in any way, either in whole or in part, the rights of third parties, such as their right to "compensation" as provided for in EU Regulation No. 261/04 and/or to any other reimbursement and/or compensation for damages on the basis of the applicable national and international legislation on passenger rights, intellectual or industrial property rights, other mandatory rules, public order, morality and provisions of law in general. In the event of a breach of this point, RIMBORSI AEREI reserves the right to waive the Mandate, without prejudice to the right to compensation for all damages suffered.

9.4 The Passenger will be solely responsible for providing such documents and information and agrees to hold RIMBORSI AEREI, its partners, collaborators and/or employees harmless from any liability that may be attributed to them in relation to any injury or damage suffered by third parties.

9.5. By accessing and/or using the Website, the Passenger declares that (i) he/she has all the powers to use the Services offered by RIMBORSI AEREI; (ii) he/she has all the authorisations, licences, rights and/or permissions to upload on the Website and, more generally, to use, produce the documentation required for the purposes of using the services offered by RIMBORSI AEREI, also in relation to the subsequent activities of filing and handling the claim and/or instituting the alternative dispute resolution procedure and/or judgement. In the event that the person entitled to the "financial compensation" provided for by EU Regulation No. 261/04, and/or to any other refund and/or compensation for damages on the basis of applicable national and international legislation on passenger rights, is a minor, the user declares that he/she is the parent of the person entitled and/or exercises parental authority over the minor. Any detrimental consequence, of whatever nature, resulting from the breach of the guarantee obligation contracted under this point, will be borne by the Passenger and/or the user, with the express obligation on the latter to indemnify RIMBORSI AEREI against any damage, claim, or demand, from whomever it may originate.

9.6. The Passenger undertakes to fulfil their obligations fairly and in good faith, respecting the rights of RIMBORSI AEREI. The Passenger also undertakes to perform any act and/or sign any document required by the airline and/or its representatives for the above purpose, such as, by way of example only, releases, settlement agreements and/or authorisations for the crediting of sums and, more generally, undertakes to cooperate and not to oppose and/or hinder in any way the performance of the Services by RIMBORSI AEREI, being aware that their cooperation is necessary for such performance.

9.7. The Passenger is obliged to fully indemnify and compensate RIMBORSI AEREI, protecting it against all liability, costs, expenses, damages, claims and legal proceedings that RIMBORSI AEREI may incur as a result of any claim and/or demand made by Users with regard to any alleged and/or proven contractual, pre-contractual and/or extra-contractual breach of contract by the Passenger towards them.

9.8. The Passenger undertakes not to commission any person other than and in addition to RIMBORSI AEREI for the performance of the Services.

9.9. The Passenger authorises RIMBORSI AEREI to credit to his or her bank account and, in any event, to collect the "financial compensation" provided for in EU Regulation 261/04 and/or any other sum obtained by the Airline as reimbursement and/or compensation for damage on the basis of the applicable national and international regulations on Passenger rights and, subsequently, to credit it to the Passenger's bank account net of the provisions of Article 6.1.

10 .You authorise Rimborsi Aerei to credit to your current account the "financial compensation" obtained from the airline company and, subsequently, to credit it to your current account without retaining any commission charged to Rimborsi Aerei Srl.

For the following airlines: Aegean Airlines, Air France, American Airlines, Aeroitalia, Austrian Airlines, British Airways, Brussels Airlines, Delta Airlines, Etihad, Ita Airways, KLM, Latam, Lufthansa, Neos, Qatar Airways, Swiss Air, Turkish, Airlines, United Airlines, Rimborsi Aerei Srl shall deduct from the refund due to the passenger a fee equal to 20%, by way of remuneration and reimbursement of the expenses incurred or of the amount paid by the court hearing the case, by way of lot, at the conclusion of the judicial proceedings or at the conclusion of the extrajudicial proceedings (mediation/negotiation/complaint).

10. Termination of the contract

10.1. In all cases of breach by the Passenger of the obligations arising from the contract, the Provider may seek termination of the contract pursuant to Article 1453 of the Italian Civil Code, without prejudice in any case to the right to compensation for damage.

11. Privacy and cookie policy

11.1. For information on the processing of personal data carried out by the Site, please read the Privacy Policy:

11.2. For information on cookies, i.e. the small text files that allow information about visitors’ preferences to be stored in order to improve the functionality of the site, simplify navigation by automating procedures and analyse the use of the Site, please read the Cookie Policy.

12. Fortuitous events or force majeure

12.1. RIMBORSI AEREI declines all liability for any failure to fulfil its contractual obligations in the event of fortuitous events or force majeure, including but not limited to acts of war or terrorism, strikes, national or local states of emergency, failure of transport infrastructure, interruptions in the supply of electricity or other utilities, earthquakes and other natural disasters.

13. Entire agreement

13.1. The introduction and the annexes, even if not physically attached, to these General Terms of Service form an integral and substantial part thereof, including for the purpose of better specifying the obligations mutually undertaken by the Parties.

13.2. The nullity and/or ineffectiveness and/or annulment of any provision of these General Terms of Service shall not affect the validity of the remaining provisions or of any other applicable terms.

13.3. If a limitation, exclusion, restriction or other provision contained in these General Terms of Service is held null or annulled for any reason by a Court and the Provider is consequently liable for loss or damage, in the event of slight negligence the recoverable damage may never exceed the total contract value.

14. Customer service and complaints

14.1. To obtain information, transmit communications, request assistance or make complaints, the Passenger may contact the Customer Service by e-mail to info@rimborsiaerei.com .

14.2. RIMBORSI AEREI shall respond to complaints as soon as possible and in any event within 1 business day of receipt thereof.

15. Reviews

15.1. The reviews posted on the Site are collected through the RIMBORSI AEREI Facebook page to whose Policy please refer to in order to better understand where the reviews come from and what we can and cannot do with them.

16. Applicable law and competent court, alternative dispute resolution

16.1. For anything not expressly provided for in these General Conditions of Service, express reference is made to the provisions of the Civil Code and the applicable laws in force. In the event that the Passenger falls under the category of "consumer" according to the regulations in force, the provisions of Legislative Decree no. 206 of 6 September 2005, known as the "Consumer Code", apply to them, with the exception of the provisions relating to distance contracts and contracts negotiated away from business premises.

16.2. Pursuant to Article 14 of Regulation (EU) No. 524/2013, all consumers are hereby informed in accordance with Article 3(1)(a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been set up (so-called O.D.R. platform) The O.D.R. platform is made available by the European Commission at the following link: http://ec.europa.eu/consumers/odr/   

16.3. Unless otherwise provided for by applicable law, the parties undertake to resort to mediation before commencing any legal proceedings concerning any dispute arising out of or in any way connected with the use of the Site, the Services, these General Terms and Conditions of Service and the Mandate, including those relating to its interpretation, validity, effectiveness, execution and termination.

16.4. To this end, the parties may refer the matter to Arbitra Camera / Azienda Speciale Sviluppo e Territorio of the Chamber of Commerce of Rome, with registered office in Via dé Burrò n. 147, 00186 Rome (Tel. 06.6787758 and 06/69797165 - Fax 06.69922473 - e-mail: segreteria@arbitracamera.it), in accordance with the relative regulations, which the parties declare they know and accept in full.

16.5. Any dispute that may arise between the Parties concerning the performance, interpretation and termination of this contract, and which the Parties are unable to resolve out of court or with the help of the mediation referred to in the previous point, shall be referred to the exclusive jurisdiction of the Court of Rome, recognised and declared the sole competent court, except where the Passenger qualifies as a “consumer” under Legislative Decree no. 206 of 6 September 2005, the so-called “Consumer Code”, in which case the court of the place of residence or domicile of the consumer, if located in Italy, shall have jurisdiction.