Terms and Conditions

At FixRefund, we are pleased that you have chosen us to assist you in obtaining Compensation from the Airline. Please read these Terms and Conditions, the Pricing Policy, the Privacy Policy, and the Cookies Policy in order to understand the rules governing the relationship between you and FixRefund.

 

1. Definitions

1.1. FixRefund – FixRefund Cyprus Ltd., HE 465193, incorporated as a Cypriot company.

1.2. Airline – means an air carrier and/or operating air carrier and/or flight organiser responsible for the Flight Disruption experienced by the Passenger and the Additional Passengers. For the purposes of receiving monetary refunds, “Airline” shall also include any third party, including a travel agency.

1.3. Air Passenger Rights Regulations – means Regulation (EC) No. 261/2004 of the European Parliament and of the Council of the European Union of February 11, 2004; the Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019; the Montreal Convention of 1999; and/or any other law, convention, or judicial decision pursuant to which FixRefund elects to act.

1.4. Amount Received from the Airline – means the net monetary amount received in FixRefund’s account from the Airline in respect of the Claim, after deduction of bank transfer fees charged for receipt of the amount into FixRefund’s account.

1.5. Authorization Form – means an assignment agreement and/or a power of attorney and/or any other authorization document to be executed by the Client and/or the Passenger and/or the Additional Passengers in favor of FixRefund and/or its attorneys and/or third parties acting on its behalf. Under the assignment agreement, the Client and/or the Passenger and/or the Additional Passengers assign to FixRefund all of their rights to receive Compensation from the Airline in connection with the Flight Disruption.
Under the power of attorney, the Client and/or the Passenger and/or the Additional Passengers authorize FixRefund’s attorneys, inter alia, to demand and receive the Compensation on behalf of the Client and/or the Passenger and/or the Additional Passengers. The parties agree that the legal validity of the digital signature of the Client and/or the Passenger and/or the Additional Passengers on the Authorization Form via the website shall be identical to the legal validity of their handwritten signature on the Authorization Form.

1.6. Claim – means any type of claim submitted by FixRefund to the Airline on behalf of the Client and/or the Passenger and/or the Additional Passengers, based on the rights of the Client and/or the Passenger and/or the Additional Passengers to receive Compensation.

1.7. Claim Amount – means the total amount that FixRefund will demand from the Airline as Compensation on behalf of the Client and/or the Passenger and/or the Additional Passengers.

1.8. Claiming Process – means the process of demanding Compensation from the Airline, commencing with the execution of the Authorization Form by the Client and/or the Passenger and/or the Additional Passengers, and concluding with receipt by the Client of the portion of the Compensation received from the Airline that is due to the Client and/or the Passenger and/or the Additional Passengers. If the Compensation is received by the Client and/or by the Passenger and/or by the Additional Passengers directly from the Airline or from any third party, the process shall conclude upon transfer of FixRefund’s share of the Compensation. So long as the Compensation has not been received by FixRefund, the process may also be concluded by FixRefund providing notice to the Client that it is ceasing to handle the Client’s claim, the Passenger’s claim, and the Additional Passengers’ claims as of that time.

1.9. Client – means a user who has opened an account on FixRefund’s website in the following manner: entering the Client’s first name, last name, date of birth, email address, and telephone number; checking the checkboxes indicating consent to these Terms and Conditions; and clicking the “Continue” button. The Client may be a Passenger or an Additional Passenger, or may not be (for example, a parent opening an account to claim compensation on behalf of his or her minor child who is a Passenger).

1.10. Compensation – means any monetary amount to which the Passenger and the Additional Passengers are entitled as a result of the Flight Disruption, including, inter alia, monetary compensation, reimbursement of airfare costs, reimbursement of expenses, and/or any other refund due to the Passenger and the Additional Passengers pursuant to the Air Passenger Rights Regulations.

1.11. Confidential Information – as defined in Section ‎1.1 below.

1.12. Fee – means the remuneration to which FixRefund is entitled for its handling of the recovery of the Compensation, as set forth in Section ‎2 below.
Additional Fee – means the additional remuneration, in addition to the Fee, to which FixRefund is entitled for its handling of the recovery of the Compensation after taking Legal Action, as set forth in Section ‎4.3 below.

1.13. Feedback – as defined in Section ‎3 below.

1.14. FixRefund Materials – as defined in Section ‎1 below.

1.15. Flight Disruption – means any of the following, without limitation: flight delay, flight cancellation, missed connecting flight, overbooking, denied boarding, downgrade, and/or any other disruption to the Passenger’s flight, as a result of which the Client and/or the Passenger and/or the Additional Passengers executed the Authorization Form with FixRefund in order to obtain the Compensation due to the Passenger and/or the Additional Passengers.

1.16. Force Majeure Event – as defined in Section ‎5.1 below.

1.17. Indemnified Parties – as defined in Section ‎1 below.

1.18. Legal Action – means the initiation of legal proceedings before a court or any other dispute resolution body (including alternative dispute resolution proceedings, etc.), subject to FixRefund’s consent to take such action and following receipt of the consent of the Passenger and/or the Additional Passengers. Such proceedings may be conducted by FixRefund and/or its attorneys and/or third parties authorized by FixRefund.

1.19. Marks – as defined in Section ‎4 below.

1.20. Passenger – means an air passenger who experienced the Flight Disruption, whose details were entered in the Claiming Process as the first passenger in respect of whom Compensation is claimed, and who signed the Authorization Form.

Additional Passengers – means additional air passengers whose details were entered by the Client after entering the Passenger’s details, in respect of whom Compensation is claimed, and who signed the Authorization Form.

1.21. Privacy Policy – means FixRefund’s practices with respect to the privacy of the Client, the Passenger, and the Additional Passengers, as detailed on the Privacy Policy page.

1.22. Reassignment – means the reassignment of the rights in connection with the Claim from FixRefund back to the Passenger and/or the Additional Passengers, and the revocation of the authorization to act on behalf of the Passenger and/or the Additional Passengers, by sending written notice by email to [email protected] in the following wording:

“I, ______ (name of the passenger), request to cease the handling of my claim and to cancel and withdraw from the Authorization Form.”

FixRefund shall provide its consent to the cessation of handling within a reasonable period of time.

1.23. Services – as defined in Section ‎1 below.

1.24. Third-Party Services – as defined in Section ‎1 below.

1.25. User – any user who accesses FixRefund’s website.

1.26. Website – the website fixrefund.com.

 

2. Our Services

2.1. FixRefund assists its clients in preserving their rights to receive Compensation from the Airline in cases of Flight Disruption.

2.2. FixRefund conducts an initial assessment of the Passenger’s and/or the Additional Passenger’s prospects of receiving Compensation from the Airline.

Based on the results of this initial assessment, but not solely thereon, the Client is given the option to create an account on FixRefund’s website in order to grant FixRefund authorization to commence the Claiming Process against the Airline for the purpose of obtaining Compensation.

2.3. After FixRefund has been authorized by the Passenger and/or the Additional Passengers to act for the purpose of obtaining the Compensation, and after it has received all documentation and information required for that purpose, FixRefund shall contact the Airline in order to obtain the Compensation.

2.4. In the event that the Airline refuses to pay Compensation and FixRefund is of the view that the Airline should pay Compensation, FixRefund may take measures against the Airline, including, without limitation, referring the Claim to a dispute resolution body or a relevant administrative body, or taking Legal Action.

For the purpose of taking the actions set forth above, the Client, the Passenger, and the Additional Passengers may be required to execute a separate authorization.

2.5. The submission of a claim to a dispute resolution body, an administrative body, or the initiation of legal proceedings, whether before a court or outside of court, may be subject to a limitation period.

FixRefund shall not be liable for any damage or loss of entitlement to Compensation resulting from the expiration of a limitation period, and the Client, the Passenger, and the Additional Passengers are responsible for ascertaining whether their claim has become time-barred or is approaching the limitation period (the limitation periods are detailed on the following link), and for taking such measures as they deem appropriate in light thereof.

Since the limitation period may apply from as little as 6 months up to 10 years from the date of the Flight Disruption, depending on the laws of the various countries, and since FixRefund’s handling of a Claim may take at least several months, the Client, the Passenger, and the Additional Passengers acknowledge that, if they do not file a legal claim before a court, they may lose their entitlement to receive the Compensation.

If the right to receive Compensation is due to expire within 60 days, FixRefund hereby grants its consent (without the need to contact it in this regard) to the filing of a legal claim by the Client and/or the Passenger and/or the Additional Passengers before a court in respect of the Claim, for the purpose of suspending the limitation period that may prevent receipt of the Compensation. In the event that the Client and/or the Passenger and/or the Additional Passengers file such a legal claim as set forth above and provide proof thereof, FixRefund shall not be entitled to receive the Fee from any Compensation obtained in the course of such judicial proceeding.

2.6. In the event that the Airline pays Compensation to FixRefund, FixRefund shall transfer the agreed portion of the Compensation to the Client, as set forth in Section ‎4 below.

 

3. Engagement Terms

3.1. By signing the Authorization Form, the Client, the Passenger, and the Additional Passengers hereby declare that they are legally entitled to do so.

3.2. The Client, the Passenger, and the Additional Passengers declare that they have not contacted the Airline in any manner with respect to the Flight Disruption for which they have engaged FixRefund.
If the Client and/or the Passenger and/or the Additional Passengers have contacted the Airline, whether directly or through a third party, with respect to exercising the Passenger’s and the Additional Passengers’ rights as air passengers, they must cancel such contacts and any authorizations granted in connection therewith prior to signing the Authorization Form with FixRefund. As of the date of execution of the Authorization Form by the Passenger and/or the Additional Passengers, any Compensation received from the Airline (even if received directly by the Client and/or the Passenger and/or the Additional Passengers and/or any person acting on their behalf) shall be deemed Compensation obtained as a result of FixRefund’s actions and shall be subject to the Fee, as set forth in these Terms and Conditions.

3.3. The Client, the Passenger, and the Additional Passengers undertake to notify FixRefund of any correspondence they have conducted in the past, are conducting in the present, or will conduct in the future with the Airline in connection with the Flight Disruption, and to provide FixRefund with a copy of such correspondence.

3.4. The Client, the Passenger, and the Additional Passengers shall notify FixRefund of any attempt by the Airline to contact any of them and shall forward the relevant correspondence to FixRefund. The Client, the Passenger, and the Additional Passengers undertake to inform the Airline that the Claim is being handled by FixRefund and that, accordingly, the Airline should direct all communications to FixRefund.

3.5. The Client declares that all information and documentation (including information relating to the Passenger and the Additional Passengers) uploaded by the Client to the website is accurate, and that such information is provided with the full consent of the Passenger and the Additional Passengers or that the Client is duly authorized to provide such information.
FixRefund shall not be liable for any consequences arising from inaccurate or incomplete information that adversely affects or limits the right of the Client, the Passenger, and the Additional Passengers to receive Compensation in any manner and/or limits the amount of Compensation, and shall bear no liability if information relating to the Passenger and the Additional Passengers is provided to it without their consent.

3.6. A Client who enters personal data relating to minors or legally incapacitated persons classified as a “Passenger” and/or “Additional Passengers” declares that he or she has obtained the consent of the parent or legal guardian of such minor or incapacitated person, or that he or she is the parent or legal guardian of such minor or incapacitated person.

3.7. The Client, the Passenger, and the Additional Passengers undertake to notify FixRefund of any change to their contact details or to any material information relating to the Claim by sending written notice by email to [email protected].

3.8. After execution of the Authorization Form and receipt of all documentation and information required from the Client, the Passenger, and the Additional Passengers, to FixRefund’s satisfaction, FixRefund shall use reasonable efforts to collect the Compensation from the Airline.

3.9. The Client, the Passenger, and the Additional Passengers acknowledge and agree that FixRefund may continue proceedings against the Airline even where Compensation is offered by the Airline, if FixRefund is of the view that such Compensation is insufficient, based on the knowledge and experience of its legal experts.

In such case, the Airline’s insufficient offer shall be deemed a refusal by the Airline to pay Compensation.

Nevertheless, if the Client notifies, on his or her own behalf and on behalf of the Passenger and the Additional Passengers, that he or she wishes to accept the Compensation offered by the Airline, a Fee shall be payable to FixRefund as set forth in Section ‎4 below.

3.10. If, at any stage of the process of handling the Passenger’s and the Additional Passengers’ Claim against the Airline, FixRefund concludes that there is no further legal prospect, legal likelihood, economic feasibility, or any other reason to continue the Claim, FixRefund shall notify the Client that it is ceasing to handle the matter.

3.11. Following execution of the Authorization Form, the Client, the Passenger, and the Additional Passengers undertake not to contact the Airline in any manner whatsoever in connection with the Flight Disruption. In addition, the Client, the Passenger, and the Additional Passengers shall not attempt to collect the Compensation on their own behalf or engage any third party to do so during FixRefund’s handling of the matter.
FixRefund shall not be liable for any consequence resulting from the failure of the Client and/or the Passenger and/or the Additional Passengers to comply with the provisions of this section, including, without limitation, any impairment of the Passenger’s and the Additional Passengers’ right to Compensation or any limitation of the amount of the Compensation.

3.12. If, following execution of the Authorization Form, the Client and/or the Passenger and/or the Additional Passengers receive any payment directly from the Airline in connection with the Flight Disruption, they shall notify FixRefund thereof within the time period specified in Section ‎5 below.

3.13. After execution of the Authorization Form by the Passenger and the Additional Passengers, and for so long as FixRefund has not sent a demand for Compensation to the Airline, the Client and/or the Passenger and/or the Additional Passengers may notify FixRefund of a Reassignment for any reason, and the notifying parties shall not be obligated to pay the Fee to FixRefund. If FixRefund has sent a demand for Compensation to the Airline, 9 months have elapsed since the date of such demand, and the Airline has not agreed to pay Compensation, the Client and/or the Passenger and/or the Additional Passengers may notify FixRefund of a Reassignment, and the notifying parties shall not be obligated to pay the Fee to FixRefund, as set forth in Section ‎2 below. If fewer than 9 months have elapsed from the date the demand for Compensation was sent to the Airline, the Client and/or the Passenger and/or the Additional Passengers may notify FixRefund of a Reassignment; however, the notifying parties shall be obligated to pay the Fee to FixRefund in respect of any Compensation that may be received in the future from the Airline, whether received directly by FixRefund, by the Client and/or the Passenger and/or the Additional Passengers, or by any other third party acting on their behalf. If FixRefund has taken Legal Action against the Airline, the Client and/or the Passenger and/or the Additional Passengers shall not be entitled to withdraw the assignment of rights to FixRefund until FixRefund notifies them that it has ceased handling the matter.

3.14. To the extent not prohibited by law, FixRefund shall in no event be liable for any special, incidental, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial loss.

3.15. The engagement between the Client and/or the Passenger and/or the Additional Passengers and FixRefund shall terminate upon the occurrence of any of the following events:

3.15.1. The Compensation has been paid by the Airline to FixRefund, and FixRefund has transferred the agreed portion of the Compensation to the Client in accordance with the provisions set forth in Section ‎4 below.

3.15.2. The Compensation has been paid by the Airline directly to the Client and/or the Passenger and/or the Additional Passengers, and the Client and/or the Passenger and/or the Additional Passengers have transferred the Fee to FixRefund.

3.15.3. FixRefund has notified the Client that it does not wish to continue handling the Claim against the Airline.

3.15.4. The Client and/or the Passenger and/or the Additional Passengers have duly notified FixRefund of a Reassignment, as set forth in Section ‎13 above.

 

4. Fees for Services and Payments

4.1. FixRefund operates in accordance with the principle of “no win, no fee,” meaning that FixRefund is entitled to a Fee only if Compensation is obtained from the Airline.

4.2. If FixRefund succeeds in obtaining Compensation from the Airline without taking Legal Action, it shall charge a Fee equal to 35% of the Amount Received from the Airline (including VAT).

FixRefund shall provide information regarding the amount of transfer fees if the Client requests it.

4.3. If FixRefund succeeds in collecting Compensation from the Airline after taking Legal Action, it shall charge, in addition to the Fee, an Additional Fee equal to 15% of the Amount Received from the Airline (including VAT), as awarded by a court or any other dispute resolution body, or pursuant to an out-of-court settlement resulting from Legal Action.

4.4. Any reimbursement of legal expenses, including attorneys’ fees and judicial interest, as awarded in a judgment of a court or any other dispute resolution body, shall belong to FixRefund.

4.5. If the Client and/or the Passenger and/or the Additional Passengers receive Compensation directly from the Airline, they shall transfer to FixRefund a Fee equal to 35% of the amount received from the Airline, within 7 business days from the date of receipt of the Compensation. All expenses related to the transfer of the Fee shall be borne by the Client, the Passenger, and the Additional Passengers.

The Client, the Passenger, and the Additional Passengers shall immediately notify FixRefund of receipt of the Compensation and provide FixRefund with a copy of a bank document detailing the amount received from the Airline. If such a bank document is not provided, the Client, the Passenger, and the Additional Passengers shall be required to pay FixRefund a Fee equal to 35% of the Claim Amount.

4.6. The Client, the Passenger, and the Additional Passengers acknowledge that FixRefund recognizes only monetary amounts as Compensation, and that FixRefund will not accept as Compensation benefits such as travel vouchers, Airline mileage points, or any other non-monetary benefit or service offered by the Airline.

An offer by the Airline to provide non-monetary Compensation shall be deemed a refusal by the Airline to pay Compensation.

Notwithstanding the foregoing, if the Client, the Passenger, and the Additional Passengers agree to accept non-monetary Compensation from the Airline, such as flight vouchers, Airline mileage points, or any other non-monetary benefit or service, the Client, the Passenger, and the Additional Passengers shall be required to pay FixRefund a Fee equal to 35% (or 50% if Legal Action is taken) of the monetary value of the benefit on the free market at the time it is received (and not at the time the benefit is redeemed).

4.7. If the Client and/or the Passenger and/or the Additional Passengers fail to comply with any obligation to pay the Fee, FixRefund shall be entitled to charge the Client and/or the Passenger and/or the Additional Passengers for all costs incurred in attempting to collect the Fee.

4.8. FixRefund shall transfer to the Client 65% (or 50% if Legal Action is taken) of the Amount Received from the Airline by electronic bank transfer to the Client’s account, as provided to FixRefund, and in the currency in which the Amount Received from the Airline was received from the Airline, or in euros, at FixRefund’s discretion.

All bank fees incurred in executing the bank transfer to the Client shall be borne by the Client.

4.9. The Passenger and any Additional Passengers who have signed the Authorization Form confirm that FixRefund shall transfer the agreed portion of the Amount Received from the Airline, if received, to the bank account of the Client who opened the account on the website.

4.10. The Client may request that FixRefund send an invoice by email.

 

5. Right to Use

5.1. Subject to your compliance with these Terms and Conditions, FixRefund hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Website and the services offered therein (“Services”) solely for your personal, non-commercial use, for the purpose of submitting and managing claims related to air travel disruptions, and strictly in accordance with these Terms and applicable law.

5.2. You acknowledge and agree that the Services are made available to you as a service and not sold to you, and that you acquire no ownership rights in or to any part of the Website, its underlying software, or its content.

5.3. Except as expressly permitted under these Terms or required by applicable law, you may not and shall not allow any third party to:

5.3.1. copy, modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any portion thereof;

5.3.2. rent, lease, lend, sell, assign, sublicense or otherwise transfer the Website or any part of it to any third party;

5.3.3. use the Website for any purpose that is illegal, unauthorized, abusive, or inconsistent with the intended use of the Services;

5.3.4. reproduce or distribute any part of the Services, including any materials or content displayed, without FixRefund’s prior written permission;

5.3.5. interfere with or circumvent any security features of the Website or attempt to gain unauthorized access to any systems or networks connected to the Website;

5.3.6. use automated means such as scraping, data mining, or similar data extraction tools to access or collect information from the Website;

5.3.7. harvest or collect information about other users for any purpose, including commercial solicitation or identity theft;

5.3.8. upload or transmit any viruses, malware, or any other harmful code or engage in any conduct that could damage, disable, or impair the proper working of the Website;

5.3.9. use the Services to act on behalf of any third party, except where explicitly permitted under these Terms and subject to full legal authorization (e.g., legal representation in claim submission).

5.4. Any unauthorized use of the Website or violation of this section may result in the immediate termination of your access rights and may subject you to legal liability, including civil or criminal penalties under applicable law.

 

6. Third-Party Services

6.1. The Services made available by FixRefund may incorporate or rely upon third-party services, software, platforms, websites infrastructure providers, and open-source components (“Third-Party Services”). These may include, without limitation, hosting providers, cloud platforms, data processors, CRM systems, or authentication services.

6.2. While FixRefund selects its third-party providers with diligence, FixRefund does not own or control such Third-Party Services, and their availability, content, functionality, data handling practices, and legal compliance are governed exclusively by the respective providers’ terms and policies.

6.3. Any User acknowledge and agree that your use of any such Third-Party Services is subject solely to their applicable terms of use and privacy policies, and not to these Terms and Conditions or FixRefund’s Privacy Policy.

6.4. FixRefund makes no representations or warranties of any kind, express or implied, regarding the functionality, availability, accuracy, security, or legality of any Third-Party Services, and does not endorse or assume responsibility for any of them. Any use of or reliance on such services shall be at the Client, the Passenger and the Additional Passengers sole discretion and risk.

6.5. FixRefund may discontinue or replace any Third-Party Services at any time, without notice and without liability, including but not limited to compensation, refunds, or service credits.

6.6. The Client, the Passenger and the Additional Passengers expressly waive and release FixRefund from any claim, damage, loss, or liability arising from or related to their use of, or reliance upon, any Third-Party Services, including without limitation claims related to privacy practices, data handling, outages, legal compliance, or any representations made by such third parties.

 

7. Website Availability and Support

7.1. FixRefund endeavors to maintain the ongoing availability and functionality of the Website. However, the Website is provided on an “as-is” and “as-available” basis, and FixRefund does not guarantee that the Services will be uninterrupted, error-free, or available at all times.

7.2. FixRefund may from time to time conduct maintenance, updates, or improvements, which may temporarily affect the availability of the Services. FixRefund will use commercially reasonable efforts to minimize any disruption.

7.3. Technical support and assistance may be provided via email or other support channels as determined by FixRefund. FixRefund will make reasonable efforts to respond to support inquiries in a timely manner but does not guarantee any specific response time.

7.4. The Client, the Passenger and the Additional Passengers acknowledge and agree that FixRefund shall not be liable for any unavailability, suspension, or termination of the Services, nor for any loss or damage that may result therefrom.

 

8. Intellectual Property Rights

8.1. Ownership of the Website and Services

All rights, title and interest in and to the Website, the Services, the software infrastructure, underlying code, design, functionality, graphical interface, databases, algorithms, documentation, and any related materials (collectively, the “FixRefund Materials”) are and shall remain the sole and exclusive property of FixRefund and/or its licensors. Nothing in these Terms shall be construed as transferring or granting any rights in the FixRefund Materials, other than the limited Right to Use expressly set forth herein.

8.2. Personal Data

The Client, the Passenger and the Additional Passengers retain all rights, title, and interest in and to their Personal Data as defined in FixRefund’s Privacy Policy. By using the Services, the Client, the Passenger and the Additional Passengers grant FixRefund a non-exclusive, worldwide, royalty-free, limited license to use, process, store, and transmit their Personal Data solely for the purpose of providing the Services and fulfilling FixRefund legal obligations, all in accordance with applicable data protection laws.

8.3. User Feedback

If the Client and/or the Passenger and/or the Additional Passengers choose to provide FixRefund with any feedback, suggestions, comments, or ideas regarding the Website or Services (“Feedback”), they acknowledge and agree that such Feedback is not confidential, and that FixRefund shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, and perpetual license to use, incorporate, and otherwise exploit such Feedback in any manner, without any obligation to provide acknowledgment, compensation or attribution.

8.4. All trade names, logos, service marks, and other branding used on or in connection with the Website are the property of FixRefund or its respective licensors (collectively, the “Marks”). The Client, the Passenger and the Additional Passengers may not use the Marks without FixRefund’s prior written consent, and in any event not in any way that misrepresents or disparages FixRefund, or implies any association or endorsement without authorization.

 

9. Confidentiality, Information Security and Privacy Protection

9.1. Confidentiality

9.1.1. Each Party agrees to maintain the confidentiality of any non-public, proprietary or confidential information disclosed by the other Party (“Confidential Information”), using at least the same degree of care it uses to protect its own confidential information, and in any event no less than reasonable care. Confidential Information shall be disclosed only to those employees, contractors, service providers or legal advisors with a strict need-to-know and who are bound by obligations of confidentiality no less protective than those contained herein.

9.1.2. Confidential Information shall not be used except for the purpose of exercising rights or performing obligations under these Terms. The receiving Party may disclose Confidential Information only as required by applicable law, regulation, or court order, provided that it gives the disclosing Party prompt written notice (to the extent legally permitted) and cooperates in seeking protective measures.

9.1.3. Each Party acknowledges that unauthorized disclosure of Confidential Information may cause irreparable harm, and the non-breaching Party may seek injunctive relief in addition to any other legal remedies, without the need to post bond.

9.2. Information Security

9.2.1. FixRefund is committed to safeguarding the security and integrity of its systems and the Client’s, the Passenger’s and the Additional Passenger’s Personal Data. FixRefund implement industry-standard technical and organizational security measures to prevent unauthorized access, use, alteration, or disclosure of data and FixRefund continuously assess its systems for risks and vulnerabilities.

9.2.2. Despite FixRefund’s efforts, no system can be completely secure. The Client, the Passenger and the Additional Passengers are solely responsible for securing the devices they use to access the Services. FixRefund shall not be liable for any breach or data exposure resulting from the Client’s or the Passenger’s or the Additional Passengers’ failure to apply reasonable security measures on their end.

9.2.3. If you become aware of any potential security issue or incident, please notify FixRefund immediately at: [email protected].

9.3. Privacy Protection

9.3.1. Use of the Services involves the collection and processing of information, including Personal Data, as defined in the GDPR and other applicable data protection laws. The processing of such data is governed by FixRefund’s Privacy Policy and, where applicable, a Data Processing Addendum (DPA) entered into with institutional customers.

9.3.2. Where you provide Personal Data, you represent and warrant that you have the legal right to do so, and that you act as the “Data Controller” (or equivalent under applicable law), responsible for ensuring compliance with all relevant privacy and data protection regulations, including the GDPR.

9.4. Cookies

9.4.1. The Website uses cookies and similar tracking technologies to understand usage patterns and improve functionality. When you interact with the Services, FixRefund may collect information such as your IP address, device identifiers, browser type, pages visited, and session duration. This data is collected in aggregated form and does not personally identify you unless combined with other information you voluntarily provide.

9.4.2. By using the Services, you consent to this use of cookies and monitoring, as further detailed in FixRefund’s Privacy Policy.

 

10. Term and Termination

10.1. Term

These Terms and Conditions shall remain in effect unless and until terminated in accordance with the provisions set forth below.

 10.2. Termination by FixRefund

Without derogating from the provisions of Section ‎3.15 above, FixRefund may, at its sole discretion and without prior notice, suspend or terminate your access to the Website and Services at any time,  including (without limitation) in the event of your breach of these Terms and Conditions, unauthorized or unlawful use of the Services, or if continued provision of the Services is no legally permissible. Termination under this section shall not entitle you to any refund or compensation.

10.3. Effect of Termination

Upon termination of your use of the Services, for any reason:

10.3.1. Your right to access and use the Website shall immediately cease;

10.3.2. You must discontinue all use of the Services;

10.3.3. Any materials downloaded or obtained through the Services must be deleted or destroyed unless otherwise required to be retained by applicable law or pursuant to instructions from the data subject (in the case of Personal Data).

10.4. Data Retention

FixRefund will retain Personal Data in accordance with its Privacy Policy, applicable laws, and regulatory obligations. Data may continue to exist on backup or archival systems for a limited time due to technical constraints or legal retention requirements.

 10.5. Survival

Any provision of these Terms and Conditions which by its nature should survive termination (including but not limited to provisions concerning intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, and applicable law) shall so survive

 

11. Disclaimer, Warranties and Limitations on Liability

11.1. Disclaimer

The use of the Website and Services is at your sole responsibility and risk. The Services are provided to assist individuals in submitting compensation claims to airlines under applicable legal frameworks. However, FixRefund does not and cannot guarantee the outcome of any such claim, the amount of compensation (if any), or the response or behavior of the Airline. Any information available on the Website is for general informational purposes only and should not be relied upon as a substitute for professional advice or individual legal consultation.

11.2. No Warranties

The Website, Services, and any related content or documentation are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied. FixRefund do not warrant that the Services will result in successful compensation or that the information provided is complete, accurate, or up to date.

The information on the Website should not be relied upon and its purpose is to provide initial information regarding air passenger rights. Therefore, the information should not be relied upon for the purpose of making a legal determination regarding eligibility or non-eligibility for compensation and/or refunds.

11.3. Limitation of Liability

11.3.1. To the fullest extent permitted by applicable law, FixRefund, its affiliates, employees, officers, agents, suppliers, or subcontractors shall not be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, including without limitation, damages for loss of profits, goodwill, data, resulting from your use or inability to use the Services, even if FixRefund has been advised of the possibility of such damages.

11.3.2. In no event shall FixRefund’s total aggregate liability to any User and/or Client and/or Passenger and/or Additional Passengers exceed the higher of: (a) the total amount actually paid by the User and/or Client and/or Passenger and/or Additional Passengers to FixRefund in connection with the Services in the six (6) months preceding the claim; or (b) €100 (one hundred Euros).

11.4. Time Limitation

Any claim or cause of action arising out of or related to the use of the Services must be filed within twelve (12) months after such claim or cause of action arose, or shall be forever barred.

11.5. Force Majeure

11.5.1. FixRefund shall not be held liable or responsible for any delay or failure to perform any obligation under these Terms and Conditions resulting from acts, events, omissions or circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, severe weather conditions, earthquakes, fires, floods, pandemics, wars, acts of terrorism, civil unrest, strikes, labor disputes, lockouts, embargoes, disruptions of telecommunications, power outages, failures or delays of internet or third-party hosting services, acts or omissions of third-party airlines, government actions or restrictions, or changes in applicable laws or regulations (“Force Majeure Event”).

11.5.2. FixRefund will suspend the fulfillment of its obligations for the period of time during which Force Majeure Event exists that prevents its operation, plus 30 business days required for organization.

 

12. Indemnification

12.1. You agree to indemnify, defend and hold harmless FixRefund, its affiliates, directors, officers, employees, agents, subcontractors, service providers, licensors, and successors (collectively, the “Indemnified Parties”), from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

12.1.1. your violation of these Terms and Conditions or any applicable law or regulation;

12.1.2. any false, inaccurate, or misleading information or documentation you provide through the Website;

12.1.3. any claim submitted through the Website based on inaccurate or unauthorized information, including claims submitted on behalf of third parties without proper authority;

12.1.4. your misuse of the Website or any content available through it; or

12.1.5. your infringement or alleged infringement of any third-party rights, including intellectual property, privacy, or publicity rights.

12.2. FixRefund reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us fully in asserting any available defenses. This obligation shall survive the termination of these Terms and Conditions.

 

13. Miscellaneous Provisions

13.1. Enforcement

FixRefund reserves the right to take any action it deem necessary in response to a suspected or actual violation of these Terms and Conditions or any applicable law, including reporting such conduct to appropriate authorities. FixRefund will cooperate fully with any law enforcement agency or court order that requests or directs it to disclose the identity, usage details or other information related to users suspected of violating these Terms and Conditions or applicable law.

 13.2. Modifications of this Terms

FixRefund reserves the right to amend this Terms and Conditions at its sole discretion. If material changes are made, FixRefund will provide reasonable prior notice via its Website or other appropriate channels. Continued use of the Services after such changes shall constitute your acceptance of the amended Terms and Conditions. The current version of the Terms and Conditions will always be available on FixRefund’s Website.

13.3. Relationships of the Parties

Nothing in these Terms and Conditions shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between the parties.

13.4. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the European Union and the laws of the Republic of Cyprus. The parties shall resolve all disputes arising out of or in connection with these Terms and Conditions before the competent court in the city of Larnaca, Cyprus.

13.5. Questions and Notices

If you have any questions or concerns regarding these Terms and Conditions or the Website, you may contact us at: [email protected].

13.6. Severability

If any provision of these Terms and Conditions is found to be unenforceable, such provision shall be severed, and all remaining provisions shall remain in full force and effect, mutatis mutandis.

13.7. Consent to terms and conditions and privacy policies of third parties

The Client, the Passenger, and the Additional Passengers acknowledge and agree that, in the course of FixRefund’s activities and/or those of any party acting on its behalf for the purpose of obtaining the Compensation, FixRefund and/or such parties may approve terms and conditions, privacy policies, and the like that differ from those agreed between the Client, the Passenger, and the Additional Passengers and FixRefund.

13.8. Assignment

The Client, the Passenger, and the Additional Passengers acknowledge and agree that FixRefund shall be entitled to assign any right granted to it under the Authorization Form and these Terms and Conditions to third parties. The Client, the Passenger, and the Additional Passengers shall not be entitled to assign their rights or obligations under the Authorization Form and these Terms and Conditions to any third party, except among themselves.

13.9. No Waiver

Any failure by FixRefund to enforce any of the rights set forth in these Terms and Conditions shall not constitute a waiver of FixRefund’s right to enforce or exercise such right.

Any waiver of a right shall be effective only if made in writing and signed by FixRefund.

13.10. Right of set-off

The Client, the Passenger, and the Additional Passengers hereby agree that FixRefund shall have a right of set-off against the Amount Received from the Airline in respect of any debt and/or obligation of the Client, the Passenger, and the Additional Passengers to FixRefund.

Where the Client, the Passenger, and the Additional Passengers have signed a power of attorney in favor of FixRefund and/or its attorneys, they hereby agree that payment of the Fee and/or the Additional Fee and/or any debt or obligation owed by them may be set off by FixRefund against the Amount Received from the Airline.

13.11. Work products created by FixRefund

The Client, the Passenger, and the Additional Passengers acknowledge and agree that FixRefund shall not provide them with any document or work product created by FixRefund in connection with the Claim.

13.12. Privacy Policy

FixRefund’s Privacy Policy forms an integral part of these Terms and Conditions.

A User of FixRefund’s website who opens an account on the website (the Client) shall be deemed to have received notice of the Privacy Policy and to have consented thereto. The Passenger and the Additional Passengers shall be deemed to have received notice of the Privacy Policy and to have consented thereto prior to signing the Authorization Form.

A User of FixRefund’s website who approves the Cookies Policy while using the website shall be deemed to have received notice of the Cookies Policy and to have consented thereto.

13.13. Applicability of the obligations

All obligations of the Client set forth in these Terms and Conditions, the Pricing Policy, the Privacy Policy, and the Cookies Policy shall apply, mutatis mutandis, also to the Passenger and the Additional Passengers.

13.14. Providing a notice

Any notice provided by FixRefund to the Client shall be deemed to have been provided also to the Passenger and the Additional Passengers.

13.15. Data processing

The Client hereby consents to FixRefund processing his or her personal data and the personal data of the Passenger and the Additional Passengers included by the Client, which were provided voluntarily and at the Client’s own initiative, and which include information regarding first and last name, identification number, date of birth, residential address, country of residence, passport details, flight details, bank account details, telephone numbers, and email addresses.

13.16. Contradiction between versions

To the extent that these Terms and Conditions exist in versions in different languages, in the event of any inconsistency between the different language versions, the English version shall prevail.

 

Terms and Conditions, Ver. 1.0, published on June 8, 2026