Terms and conditions
Preliminary
This section entitled “Terms and conditions” defines the general conditions of use of the website www.intarziat.ro by potential visitors or customers. By accessing and browsing this site, you accept the terms of use described below.
In order to access our services, you must unequivocally and fully accept the “Terms and Conditions” in this document. If you do not agree to comply with what is presented below, even partially, please do not use the website www.intarziat.ro. At the same time, if, at any time, these general conditions are no longer accepted by you, please stop accessing and using our website immediately.
This section may be modified at any time without prior notice to site users. Changes and information regarding their validity will be posted on this site, in order to inform those interested. Users, Visitors and Customers must refer to the rules, rights, obligations, procedures, etc. provided in the “Terms and Conditions” section in the format valid on the date of interaction with the Site, without Intarziat.ro having an obligation to inform them individually about updates and / or changes.
About us
Airtravelrights.com is an online service offered by ONG Asociatia “Air Travel Rights” (CUI 49704840), a Romanian legal entity, with the aim of assisting natural person passengers who have purchased tickets for flights that have been canceled or delayed, or who have been denied boarding due to overbooking, as these terms are defined by Regulation (EC) no. 261/2004 (hereinafter, the Regulation), in order to capitalize on a claim against the air operator.
We aim to support you with services that satisfy the rights of passengers in receiving compensation to which you are entitled as a result of flight cancellation/delay or denied boarding. We also want to work with all our customers to improve our services, or to create new services that meet their emerging needs in the context of the increasingly frequent occurrences of inconvenience and discomfort caused by airline operators.
A. Definition of some terms
A.1. Normative acts that provide for the rights of air transport passengers: any normative act, regardless of whether it is issued at state, EU, federal, national or regional level, which establishes rules in the field of respect for the passenger’s right in air transport and in terms of monetary compensation, compensation or reimbursement of passengers in case of overbooked, delayed or canceled flights.
A.2. Contract – constitutes the remote contract between us and you, our customers. This contract is concluded without the simultaneous physical presence of the subscriber and the client, the agreement of wills materializing following the acceptance of the Terms and Conditions by the client. For the provision of our service in order to claim the compensation to which you believe you are entitled, this contract is considered valid after the customer has signed the Agreement for claiming compensation, in addition to accepting this “terms and conditions” section.
A.3. Client – any natural person, at least 18 years old, with full exercise capacity.
A.4. Regulation (EC) no. 261/2004: REGULATION (EC) NO. 261/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 February 2004 establishing common rules for compensation and assistance to passengers in the event of denied boarding and cancellation or prolonged delay of flights and repealing the Regulation ( EEC) no. 295/91.
A.5. The free form to determine eligibility: provision by Airtravelrights.com of its service in order to establish eligibility through the form that the customer will fill out. Passengers who believe that they are entitled to receive compensation as a result of the intervention of the cancellation or delay of the flight or denied boarding have the chance to find out the probability of receiving this compensation. This service is offered free of charge and is performed based on the completion of the web form of Airtravelrights.com and will determine the probability that the client’s request will be fulfilled. This service is currently only available for requests that fall within the provisions of Regulation (EC) no. 261/2004.
A.6. Information service: constitutes the provision of flight information by Airtravelrights.com, including information on the rights of air transport passengers, the obligations of airline companies, information on various trips and consumer protection laws. Information will be provided through electronic communications, including email, personalized electronic boards, social media applications.
B. The Contract
B.1. Following the client’s acceptance of this section, Intârziat.ro agrees to provide the services offered and the client agrees to receive the online services provided by Airtravelrights.com.
B.2. Following your verification and notification of the possibility of obtaining compensation, you will receive by means of remote communication the contract of representation concluded at a distance between the parties.
B.3. In the event that the passenger, after receiving an answer according to B.2., does not want to use the services offered by Airtravelrights.com, he will have no obligation towards the latter.
B.4. In order to conclude the contract, the customer guarantees that the compensation has not been transferred to third parties and that there is no dispute between the customer and the airline on the same matter.
B.5. By entering into the aforementioned contract, the customer warrants that he has the legal authority and capacity to enter into it on his own behalf and, if applicable, on behalf of the persons with whom he traveled.
B.6. According to this section, the customer acknowledges that he uses the services offered by Airtravelrights.com only in relation to obtaining compensation for flights. The customer agrees that Airtravelrights.com will not accept travel coupons (vouchers) and/or other services in the sense of compensation and that such an offer from the airlines will be considered a refusal of payment, unless Intârziat. ro appreciates that the chance of obtaining a favorable result for the client is low and that in these circumstances the best option is to accept such an offer.
B.7. After signing the representation contract, the client cannot transfer the request made to Airtravelrights.com to any other party, unless he withdraws the power of attorney granted by a written notification to Airtravelrights.com.
B.8. If you are a consumer under EU consumer regulations, meaning you are a natural person who undertakes a lawful transaction for a purpose that is neither commercial nor self-employed, you have a statutory right of withdrawal. Thus, the customer can withdraw his acceptance of our agreement within 14 days of its conclusion (e.g. by letter, e-mail) without having to explain the reasons. The client has the right of withdrawal, his intention to be brought to the attention of Airtravelrights.com within 14 non-working days, and it must be clearly stated that he wishes to terminate the representation relationship. Due to the nature of the service provided, there is no possibility of withdrawal under the conditions in which the customer has been informed that the respective airline has accepted the request for compensation made by Airtravelrights.com, because in this case Airtravelrights.com has provided the service requested by the customer.
B.9. After signing the contract, the customer has the obligation to cease any negotiations with the airline operator and to redirect any contact from the airline to Airtravelrights.com, in order to guarantee that Airtravelrights.com will achieve the best possible result.
B.10. If the customer receives direct payments or any other voucher/travel ticket compensation from the airline operator after the conclusion of the contract, the customer is obliged to bring this fact to the attention of Airtravelrights.com without undue delay. These payments are considered compensation and give Airtravelrights.com the right to claim the service fee and action fee in court if Airtravelrights.com has filed a court action before that customer receives payment from that airline.
C. The service offered by Airtravelrights.com
C.1. Among the ways that Airtravelrights.com resorts to in order to obtain compensation for the client are the following, without limiting ourselves to them: contacting the airline operator, managing all correspondence, formulating a summons for payment, constantly trying to settle the dispute amicably, filing an action in justice against the airline.
C.2. The above-mentioned service takes into account the provisions of Regulation (EC) no. 261/2004 and/or any other regulation establishing the rights of air passengers in force.
C.3. The specific provisions of the service offered (the right of representation, to contact the airline, etc.) will be brought to the attention of the passenger with the communication of the legal assistance contract/mandate.
C.4. If the air operator who operated the flight does not fulfill the obligation to pay the compensation within a reasonable period of time after being notified by Airtravelrights.com, the latter can initiate the action in court in order to obtain compensation. In order to initiate the legal action, a debt assignment contract will be concluded between Airtravelrights.com and the client, the client is offered the compensation to which he is entitled prior to the initiation of the action.
D. Honorarium
D.1. Antârziat.ro offers information services and that of determining the possibility of obtaining compensation free of charge.
D.2. If the representation contract between Airtravelrights.com and the client has been concluded and the request is accepted by the airline operator, Airtravelrights.com will transfer the agreed part of the compensation to the client according to the provisions of Regulation (EC) no. 261/2004, subject to the reduction of the applicable fees for the service provided by Airtravelrights.com.
D.3. The payment of the agreed part of the compensation to the client will be made in accordance with the options in the price list displayed on the Airtravelrights.com website as it is reduced following the payment of the commission to which the subscriber is entitled to the provision of the contracted service.
D.4. In the event that the customer provided erroneous information or was classified as insufficient for making the compensation payment, the payment being returned to Airtravelrights.com, and the customer, after several notifications and reasonable efforts on the part of the subscriber to contact the customer by means other than e- the email provided by the customer to Airtravelrights.com, does not respond to correct or provide the necessary information for the payment of the agreed part of the compensation, Airtravelrights.com has the right to keep that part of the compensation that otherwise should have been transferred to the customer.
D.5. Following the payment of the compensation to which the client is entitled by Airtravelrights.com in accordance with the instructions and the selection of methods provided by the client, the subscriber does not assume responsibility for:
cheques, prepaid debit cards, credit cards and other losses in transit to the customer following transfer to the customer;
any consequence of that customer providing wrong bank account information, wrong address or the like, including but not limited to compensation paid to a recipient other than the entitled one. If the compensation was paid to an incorrect recipient due to the customer’s fault, Airtravelrights.com will not be obliged to recover it.
D.6. In no more than 30 days from the moment of receipt of the compensation to which the represented client is entitled, we will notify the latter in order to transmit the bank details for making the transfer.
D.7. The term mentioned above begins to run from the moment the underwriter knows that the amount received from the air operator is the compensation related to the flight and thus due to the represented client. Thus, if the airline operator, when making the bank transfer, does not mention the supporting details of the payment, the subscriber will contact the airline operator within 5 days of receipt to request clarifications.
D.8. In no more than 30 days from the moment when the represented client sent complete and correct bank data to the subscriber (Name, IBAN, etc.), it will order the payment to be made to the represented client through a bank transfer including the derived compensation, as a result of the withholding the price for the service performed by Airtravelrights.com. The represented client cannot transmit bank data other than his own, as the subscriber, under the legislation in force, will not be able to make this payment. The undersigned will notify the represented client within 30 days if incorrect bank details have been submitted (incomplete/incorrect IBAN/etc.)
D.9. The aforementioned payment will be made in the currency in which the subscriber received the compensation from the airline operator. Thus, if the subscriber received the compensation in EUR, he will make a payment to the passenger in the same currency. If the passenger declares that he does not have a bank account in the respective currency, the subscriber will make the bank transfer to the client represented in the currency indicated by him, at the B.N.R. exchange rate. established on that day (or on the previous day, for payments made prior to the communication by the B.N.R. of the exchange rate).
D.10. If Airtravelrights.com does not receive the correct and complete bank details from the represented client within 3 years from the notification sent to the passenger regarding the request to transmit the bank data for making the transfer, the underwriter bears no responsibility for non-compliance by the client represented the bank data requested above and/or the delayed transmission of the data, and the amount of the entire compensation (compensation obtained) will be retained by Airtravelrights.com at the end of the 3-year period.
E. Protection of personal data
E.1. Airtravelrights.com will use the personal data provided by the customer for the purpose of providing the online services offered by the subscriber. Airtravelrights.com may also collect personal data for other purposes, such as statistics, administration and communication, IT administration and security, physical protection, authentication and authorization systems, support systems, coordination of internal projects and teams and organizational activities. All personal data is collected in accordance with the General Data Protection Regulation – Regulation (EU) 2016/679.
E.2. The customer provides the subscriber with personal data according to the provisions of the General Data Protection Regulation with explicit permission to process the personal data and use them in the context of requesting the services offered by the subscriber and as a result of signing the contract. Airtravelrights.com will transfer personal data to third parties only under the conditions listed below:
- if the customer has given his consent;
- if it is carried out for a purpose that is in direct association with the original purpose for which the personal data were collected;
- if it is necessary to fulfill the contract concluded with the client;
- if necessary due to a legal obligation, an administrative or judicial provision where necessary to establish or protect legal claims or to defend legal actions.
E.3. At the request of Intârziat.ro, the client will provide the subscriber with all the data necessary to fulfill the representation contract. The customer guarantees that the data and information provided are correct, complete and reliable.
E.4. In case of incorrect data/information, the subscriber reserves the right to terminate the contract, it ceases to produce effects from the moment of notification to the client. If the contract is terminated in accordance with this paragraph, the customer will not be entitled to any compensation.
F. Final provisions
F.1. Airtravelrights.com has the prerogative to modify this “Terms and Conditions” section and to establish additional conditions at any time and without notice to potential customers. However, changes that adversely affect the customer will not apply to the customer unless the customer accepts these new changes.
F.2. If any provision of this section is or becomes void, illegal, or unenforceable, that circumstance will not in any way affect the validity of the other provisions.
