Terms and Conditions of Service Provision
I. General rules
1.1. These Terms and Conditions (hereinafter referred to as ‘T&C’) set forth rules for using a website, including particularly software, available at www.AirCashBack.com (hereinafter referred to as the ‘Website’).
1.2. The Owner of the Website is AirCashBack Poland Sp. z o. o. (Limited Company) with its registered office in Warsaw, 8 Tytusa Chałubińskiego St., entered into the register of entrepreneurs of the National Court Register (KRS) kept by the District Court for the city of Warsaw in Warsaw under KRS Number: 0000475344, with the share capital of PLN 114.800,00 Taxpayer Identification Number (NIP): 525-256-06-52; Business Identification Number (REGON): 146758821 (hereinafter referred to as ‘AirCashBack’).
1.3. A User, according to these T&C, is any entity using the Website or Services in any manner, and each entity which enters or has entered into an agreement for Services, and any entity for whose benefit and on whose behalf such Agreement was concluded and the entity described in point 5.2.2.
1.4. AirCashBack provides services (hereinafter referred to as ‘Services’) through the Website. The Services consist particularly in: verification of accordance of claims with the Regulation WE 261/2004 of the European Parliament and the Council of February 11, 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (hereinafter referred to as the ‘Regulation’); assistance in obtaining damages from the obliged entity (hereinafter referred to as the ‘Obliged Entity’) in accordance with the Regulation.
1.5. By using the Website, the User gives their consent to all provisions of these Terms and Conditions. To use the Website, the user must have attained the age of 18 years; therefore, by using the Website, the User guarantees to have fulfilled this condition. In the event, the application is filed by the User on behalf of any third parties; the User is responsible for being properly entitled to such representation.
1.6. AirCashBack reserves its right to limit the access to chosen Services offered via the Website to Users who violate the provisions of these T&C.
II. Access rules to the Website and technical requirements
2.1. Access to the general part of the Website is available to all Internet users without the necessity to fulfil any formal requirements.
2.2. AirCashBack reserves its right to separate off certain Website resources which the Users will not have access to. AirCashBack reserves its right to temporarily cease to provide all or part of the services.
2.3. Using the Website is possible provided that the ICT system of the User fulfils minimal technical requirements.
2.4. AirCashBack does not bear any responsibility for the technical problems or limits that may occur in the computer equipment of the User rendering it impossible or difficult to use the Website and Services offered via the Website.
III. General rules for the use of the Website and Services
3.1. The User is obliged to use the Website in accordance with these T&C, applicable law, general rules of Internet use and purposes of the Website, particularly in a manner not violating any rights of any third parties and interests of AirCashBack.
3.2. The User is obliged particularly to:
a) use the Website in a manner that does not disrupt its functioning, particularly by using specific software or hardware,
b) not to take actions such as: send and / or publish on the Website any trade information that has not been ordered (so called: spam); registering at the Website more than once; using accounts of other Users or making their account accessible to other Users; taking any IT actions or any other actions aiming at taking possession of other Users’ passwords,
c) use the Website in a manner that is not onerous to other Users and to AirCashBack, with respect to their personal interests (including the right to privacy) and all rights they are entitled to.
3.3. The User has no right to duplicate, or modify the software or interfere in the IT data, and to lease or transfer in any other way the Website and its content. The User must not make the Website and its content available via ftp and http servers, www sites and via any other mechanisms and appliances, which would make the Website and its content accessible to other persons than the User.
3.4. The User must not make the Website available or market it in full or in part in any other way.
3.5. The User must not use the Services:
- in any manner that is not in accordance with the nature and the purpose of the Services,
- in any manner leading to commit an act prohibited by the applicable law,
- in any manner threatening the integrity of the Website or AirCashBack’ IT system,
- in defiance of the provisions of these T&C and the applicable law.
3.6. AirCashBack has all rights, particularly intellectual property rights, to the Website and to the database structures contained in it. The Website and software being a part of it along with the records, and data are protected by the provisions of Polish law and of the international conventions with all consequences arising therefrom.
3.7. The User must not take any actions aiming at gathering information concerning the Website without prior written consent of AirCashBack.
3.8. The User must not use the Website in order to broadcast or send any trade or marketing information which has not been ordered.
3.9. AirCashBack does not guarantee the correctness of any information contained on the Website, neither that the content of the Website is updated and available. AirCashBack does not give any guarantee concerning the Website and its usage, including implied guarantees concerning quality, diligence or skills.
IV. Claim service procedure
4.1. Claim application form is accessible without any liability and cannot be understood as an agreement or invitation to conclude an agreement. Upon reporting a claim, the User guarantees to be entitled to enter into agreement with AirCashBack.
4.2. An Agreement is considered to be concluded at the moment when AirCashBack, having verified the claim, accepts the claim of the User by sending reply by e-mail or begins to act on behalf of the User. AirCashBack reserves its right to deny a claim without stating grounds for such decision.
4.3. Necessary data may be entered at: www.AirCashBack.com.
4.4. AirCashBack takes actions necessary to satisfy the claim of the User upon receiving the copy of the power of attorney to act on behalf of the User.
4.5.1 The agreement is concluded for the time needed to fully exact performances the User is entitled to and has reported.
4.5.2 Under the provisions of the concluded agreement, AirCashBack undertakes to:
a)take actions in order to identify the entity responsible and obliged to redress damage,
b)send a payment request to the entity obliged to redress damage,
c)in justified cases, instigate and conduct legal or administrative proceedings in order to obtain confirmation that the entity is obliged to redress damage,
d)in justified cases, conduct proceedings in order to exact payment of compensation to the entitled person from the entity obliged to redress damage.
4.5.3 The moment of the performance of the service is the moment of obtaining by AirCashBack compensation for the User from the Obliged Entity or obtaining an adjudication stating that there are no grounds to demand compensation, or adjudication stating the impossibility of the execution or any adjudication equivalent thereto.
4.5.4 The User is entitled to terminate the agreement in question due to important reasons; however, in such event, the User is obliged to incur any expenses made by AirCashBack in order to properly execute the agreement and pay a part of the remuneration accordingly to the efforts made and time spent by AirCashBack.
4.6. If the Obliged Entity does not pay the damages and does not make an acceptable offer within the time limit set by AirCashBack, AirCashBack is entitled to instigate court or administrative proceedings in order to obtain the payment of damages due. The User agrees that AirCashBack may accept any extrajudicial or judicial settlements on their behalf, choose the type of a performance the Obliged Entity should fulfil and the amount of the performance.
4.7. Accepting a settlement with the Obliged Entity on every stage of the pending case, instigating court or administrative proceedings against the Obliged Entity, making use of any admissible means of challenge in the court or administrative proceedings, after having analyzed and assessed the possibilities and accuracy of such actions, does not require the consent of the User.
4.8. The User authorizes AirCashBack to commission the execution of this Agreement in full or in part to persons or entities cooperating with AirCashBack, particularly to attorneys or legal counsels.
4.9. If necessity occurs to give a separate power of attorney to represent the User before court, the User is obliged to grant such power of attorney to AirCashBack.
4.10. All court fees that may arise in connection to a possible court proceedings are incurred for and on behalf of the User by AirCashBack. In the event the court decides to grant damages or other performances to the benefit of the User, AirCashBack is entitled to reimbursement of all court fees incurred for the User and legal representation costs and statutory interest granted by the court.
V. Costs and fees
5.1. Filing a claim is free of charge.
5.1.1. Filing a claim without the use of the electronic application form available at www.aircashback.com will result in calculating an additional charge of PLN 50 (fifty zloty) enlarged by VAT rate of PLN 11.50 (eleven zloty, fifty), i.e. a total charge of PLN 61.50 (sixty one zloty, fifty), which will be added to the remuneration specified in the article 5.2.
5.2.1. AirCashBack is entitled to remuneration in the amount of 20.33% net, increased by the applicable VAT rate, i.e. 25% gross, counting from the value of benefits, reliefs, discounts, rebates, vouchers, etc. obtained for the user in the event of effective execution of services at the pre-litigation stage, or remuneration in the amount of 31.77% net, increased by the applicable VAT rate, i.e. 39% gross, counting from the value of benefits, discounts, discounts, rebates, vouchers, etc. obtained for the user in the event of effective execution of services at the administrative or court stage, including enforcement. AirCashBack has the right to retain the voucher until the full commission is paid to AirCashBack.
5.2.2 In the case, the User gives to AirCashBack an active phone number of another person (who is not a client of AirCashBack) interested in verifying their claim for compensation and the claim will be verified positively, the User will be entitled to cash bonus according to the below criteria:
Number of active contacts from one flight Cash bonus
2 up to 5 contacts PLN 100
Over 5 contacts PLN 150
Over 10 contacts PLN 200
Over 20 contacts PLN 250
Over 30 contacts PLN 300
Over 40 contacts PLN 350
Over 50 contacts PLN 400
Over 60 contacts PLN 450
Over 70 contacts PLN 500
Over 80 contacts PLN 550
Over 90 contacts PLN 600
Over 100 contacts PLN 650
5.3. AirCashBack is obliged to inform the Client of receipt of the compensation from the air carrier and transfer the benefits obtained (after deducting the remuneration due to AirCashBack) by transfer to the bank account indicated by the Client within 21 working days from the date provided by the Client such data enabling a transfer. All bank transfer costs are covered by the Client.
5.3.1. Regardless of the currency in which obligation is fulfilled by the carrier AirCashBack delivers its performances referred to in article 5.3., expressed in Polish zloty (PLN), calculated on the basis of the average NBP ex rate for the currency in which obligation has been fulfilled by the carrier for the business day preceding reception of the compensation transfer from the carrier.
5.3.2 AirCashBack reserves its right to verify if the contact data given by the User have not already been entered into AirCashBack’ data base before the payment of cash bonus described in point 5.2.2. The User is obliged to give information necessary to make all tax settlements with a competent tax authority, before the payment of cash bonus.
5.4. If the Client receives compensation directly from the Obliged Entity or a company representing the Entity, the Client is obliged to immediately inform AirCashBack and pay the fee for services in accordance with point 5.2.1 in the amount 25% gross of the amount of compensation received in a period 21 working days from receiving the compensation.
5.5. In the absence of payment by the Client after 28 working days from the date of receiving compensation directly from the Obliged Entity or a company representing the Entity, the due remuneration referred to in point 5.2.1 is increased to the amount of 30/ 40 % net respectively, increased by the applicable VAT rate, i.e. 36.9/ 49.2 % gross, respectively (in words: thirty-six and nine-tenths percent gross) of the value of the claim.
5.6. The User bears all costs arising from the conversion of Euros to another currency.
VI. Rights and responsibilities
6.1. The User states that they have read the service offer of AirCashBack. The User who, as a consumer, concluded the agreement outside the office of the company under Act of 2 March 2000 on the Protection of Certain Consumer Rights and on the Liability for Damage Caused by a Dangerous Product (Journal of Laws of 31 March 2000, No. 22 , item 271) may withdraw from the agreement without stating the reasons by making a suitable statement in writing within 14 days from the date of the conclusion of this agreement. The User states that upon acceptance of these T&C they have received a withdrawal form.
6.2. In order to effectively enforce the payment of compensation, cooperation on the part of the Client is necessary. This means that full and accurate information must be provided to AirCashBack from the moment AirCashBack is authorised to act on behalf of the Client and for the duration of the court proceedings. Among other things, this means providing AirCashBack with the data necessary to conduct court proceedings, including additional documentation required at this stage of the proceedings (this applies, among other things, to a child's birth certificate, PESEL numbers, unless previously provided, and address details). If the Client refuses to provide such data, s/he is obliged to submit a statement that s/he has not received the due compensation, omitting AirCashBack, or to pay AirCashBack the due commission of 25% of the gross amount of the claim in accordance with point 6.5.2. of the regulations.
6.3. The User is obliged to pay damages to the benefit of AirCashBack in the event that claims being subject to court or administrative proceedings are not allowed as a result of delivering incomplete or untrue data.
6.4. In the event, the User receives direct payment or compensation in other form e.g a voucher from the Obliged Entity, after having concluded an agreement with AirCashBack, it is User’s obligation to immediately contact AirCashBack.
6.5.1 After agreement conclusion with AirCashBack, the User is obliged to end all negotiations with the Obliged Entities or entities representing them.
6.5.2 Concluding any agreement by the User with the Obliged Entity without notifying AirCashBack does not release the User from the obligation to pay remuneration to AirCashBack under provisions stated in point 5.2.1. In the event, the User accepts monetary performance in the amount smaller than stipulated in the Regulation AirCashBack is entitled to a remuneration stated in point 5.2.1 counted based on the monetary performance due according to the Regulation. The User is obliged to pay the remuneration within 14 days from the conclusion of the agreement with the Obliged Entity. This provision applies to all Clients, regardless of whether they have submitted a claim or complaint to the airline themselves before the date of completing the form on the AirCashBack website, in the event that compensation is paid by the air carrier after AirCashBack has taken steps to obtain compensation, such as, for example, sending a request for payment or taking the case to court.
6.6. After concluding an agreement with AirCashBack, the User may not entrust in full or in part the execution of actions connected to enforcement of claims being subject to this agreement to any other entity within the term of this agreement.
6.7. The User is obliged to reimburse all costs and compensate for all loses that may arise in connection to delivering incomplete of untrue data, information or documents or any fraudulent conduct.
6.8. The User is obliged to reimburse all costs and compensate all loses connected to the third party liability of AirCashBack that may arise due the fact of delivering incomplete or untrue data, documents or information.
6.9. The User is obliged to cover all costs incurred by AirCashBack, proceedings costs, costs of legal representation (regardless of their refund granted by an entitled body) and fees in the event the User does not notify AirCashBack on the conclusion of an agreement with the Obliged Entity and does not notify on the obtaining of monetary performances stated in point 5.4.
6.10 The User agrees to deduction of all payments due from the obtained compensation for the benefit of AirCashBack, especially payments stated in points 5.1.1, 5.2.1, 5.4, 6.5.2, 6.7, 6.8, 6.9.
VII Indemnity
7.1. AirCashBack does not bear any responsibility, particularly for: the losses arising from the delivery of inaccurate or false information or documents; financial losses, including loss or reduced profits, income, revenue, production, anticipated savings, contracts or business opportunities; loss or damage to any data, databases or software, as well as indirect or derivative damage.
7.2. In the event of breach of these T&C by the User, AirCashBack is entitled to suspend access to the Website, block the access to the Website or block the access on the basis of the User’s IP Address and / or instigate court proceedings against the User.
VIII. Complaints
8.1. All complaints connected to provision of service via the Website should be filed to the address of AirCashBack indicated at www.AirCashBack.com.
8.2. Complaint filed by the User in connection to non-execution or inappropriate execution of Services by AirCashBack should be made in a written form and contain:
a) User’s data, in the scope enabling AirCashBack to identify the User,
b) subject of the complaint,
c) circumstances justifying the complaint.
8.3. The following defects, errors and faults connected to the usage of Services are not subject to complaints, if they arise from:
a) mistakes and errors of the User,
b) malfunctioning of the web browser or ICT connection of the User,
c) the fact that the User’s ICT connection has not sufficient bandwidth or bitrate,
d) actions of any third parties, whose conduct AirCashBack bears no responsibility for.
8.4. AirCashBack will consider a complaint within 28 working days from the date of its receipt, and will send a reply to the User indicating the decision concerning the complaint along with the statement of grounds.
8.5. In the event, that data or information given in a complaint are not complete, AirCashBack requests the person filing a complaint to complete them, before considering the complaint. Time needed to obtain additional information prolongs the time in which complaint will be considered.
8.6. In the event, AirCashBack is not able to consider the complaint within time indicated in point 8.4, AirCashBack notifies the User about such situation stating grounds for such delay and indicates the anticipated time of a response to the complaint.
IX. Final provisions
9.1. These T&C come into force upon their publication at the Website and shall apply to all agreements concluded with AirCashBack from that day.
9.2. AirCashBack has the right to make unilateral amendments to these T&C. All changes come into effect after 7 days from the publication of the altered T&C at the Website.
9.3. If any provision of the T&C is or becomes invalid, unlawful or unenforceable, it will not influence the validity of other provisions of the T&C.
9.4. The User agrees to any transfer or assignment or any other execution of rights and / or responsibilities of AirCashBack arising from the T&C without prior notice to the User.
9.5. The User cannot transfer or exercise in any other way their right and / or responsibilities arising from these T&C.
9.6. If any of the provisions of these T&C will be deemed unlawful and / or unenforceable by any court or other competent organ, other provisions of the T&C will remain valid. If any of the unlawful and / or unenforceable provisions would be in accordance with the law or become enforceable if part of it would be deleted, this part shall be deemed deleted and the remaining part of this provision remains in force.
9.7. The T&C constitute the entire agreement between the User and AirCashBack in connection to use of the Website and filing a claim and hereby supersede and replace all prior agreements concerning the use of the Website.
9.8. These T&C shall be governed by the Polish law and all disputes arising therefrom shall be decided by the common court of law in Poland.
9.9. These Terms and Conditions constitute the agreement between the User and AirCashBack. Filing a claim via the Website means that the User understands and accepts all provisions of these T&C.