EXCELLENT

Tel: +393482240268 Email address: info@rimborsiaerei.net

EXCELLENT

Terms of use and general conditions of service

edition of 5th June 2023

The website www.rimborsiaerei.net is owned by RIMBORSI AEREI S.r.l., with a registered office in Via Bagnone 45, Rome (RM), VAT number 16932981000, registered to the Economic and Administrative Index RM-1685094).

any information, queries, requests or claims can be addressed to the Passenger Service

  • to the following email address: info@rimborsiaerei.net
  • to the following WhatsApp number: +39 348 224 02 68

Terms of use of our website

  1. WEB SITE USE

 By using the Website, the user accepts:

  1. to use the website for legal activities only
  2. not to submit any fake or fraudulent requests; in case of reasonable motivations that lead to requests of such nature, the Owner reserves the right to cancel the request and inform the competent authority
  3. To provide his/her email address, home address and/or any other contact details in a correct and true way. In the same way, the user agrees to the use of this information to give execution to the request (privacy policy).

it will not be possible to process your request if the information is not fully provided

The Owner is not responsible for any inconvenience or damages caused by the use of the Internet, including the service interruption, external intrusions, virus or any other possible force majeure incidents.

  1. INDUSTRIAL AND INTELLECTUAL PROPERTY

The Website domain name is owned by RIMBORSI AEREI S.r.l.. RIMBORSI AEREI S.r.l. exclusively owns the Website and its elements, as well as the rights of use and exploitation of the brand

The entire Website, its single elements (photos, texts, videos, logos, etc.) and these legal documents, represent an intellectual property protected by the Industrial Property Code and by the Copyright Law

 (Any total or partial reproduction, download, amendment or use of the brand, of the videos, logos or any other elements of this website and any support, is strictly forbidden without previous consent of the respective owners)

General conditions of use

INTRODUCTION

(These general conditions of service (hereafter “General Conditions of Service”) regulate the contractual relationship between RIMBORSI AEREI S.r.l. – which is in charge of the services of complaints submission and management, as well as any activities and consequent and necessary actions, aimed at obtaining possible “monetary compensations” from the Airline Companies, as set out in the Regulation (EC) No 261/2004, and/or any other amounts possibly owed as a refund and/or damage compensation, based on the national and international law applicable in the passengers matter of right – and the Passenger. 

The Passenger intends to use the services provided by RIMBORSI AEREI S.r.l., in the terms and in the way hereafter specified.

The introductions and the Terms of Use of our Website are integral parts of these General Conditions of Service.

 (We kindly ask you to carefully read and print and/or save on another accessible durable device. We also ask you to carefully read the Privacy Policy and the Cookie Policy.

RIMBORSI AEREI S.r.l. is committed to keeping these documents up to date and accessible. They can be updated or modified at any time and the user is committed to take note before submitting any orders.

  1. DEFINITIONS

In order to ensure clarity and efficiency of these terms and conditions, in this contract we will use the following definitions. Please be advised that we will indistinctly use them for the singular and plural.

1.1.RIMBORSI AEREI”, “Owner” or “Provider”: The Company RIMBORSI AEREI S.r.l., with registered office in Rome (RM) Via Bagnone 45, VAT number 16932981000, registered to the Economic and Administrative Index: RM-1685094), in the person of its pro tempore legal representative, owner of the RIMBORSI AEREI brand and Website.

1.2.Passenger”: the subject, natural person, that requests the provision of the Services subject matter of these General Conditions of Service.

1.3.General Conditions of Service”: this contractual document, which regulates, together with the Mandate, the contractual relationship between the Parties. The present remote contract is regulated, in addition, by Legislative Decree No. 70 of April 9, 2003, on electronic commerce.

1.4.Mandate”: the mandate contract signed by the Passenger, which contains the special conditions and Services that the Passengers intends to use, and forms integral part of the present General Conditions of Service.

1.5.Parties”: RIMBORSI AEREI and the Passenger jointly defined.

1.6.Request”: it is the Services purchase proposal submitted by the Passenger through the Website, which is subsequently sent after filling the relative form and attaching the requested documents

1.7.Services”: the services offered by RIMBORSI AEREI and regulated by these General Conditions of Service and by the Mandate. The Services concern the presentation and management by Rimborsi Aerei and in the name and on behalf of the Passenger, of claims aimed at obtaining possible “monetary compensations” from the Airline Company, according to the Regulation (EC) 261/2004 and/or any other different amount owed as a refund and/or reimbursement of the damage, based on the national and international law applicable in the passengers matter of right, as well as any subsequent and necessary activities, also with referral to the possible subsequent alternative dispute resolution procedure and/or trial. The Services included in the Mandate will be subject matter of the agreement

1.8.Sito”: RIMBORSI AEREI owns and manages the website, and Passengers can request the Services offered by RIMBORSI AEREI via the following link: https://www.rimborsiaerei.net

1.9. “TSP”: it is the electronic signature provider and specifically, Yousign SAS, with registered office in Rue De Suède Av. Pierre Berthelot 14000 – CAEN – France, VAT number FR61794513986, Nominal Capital €1.013.998,58. TSP is a qualified trust services provider recognized within the EU and, for this reason, the documents signed by the Parties with electronic signature or digital signature with legal value created by the TSP will be given full force and effect) 

  1. SUBJECT OF THE CONTRACT AND SERVICES OFFERED

2.1. By mean of the present contract, RIMBORSI AEREI offers to the Passengers, upon his/her request, the Services contained in Article 1 and specified in the Mandate, with costs borne by the Airline Company

2.2. For instance, RIMBORSI AEREI will proceed and submit a direct claim in the name and on behalf of the Passenger, for the flight indicated on the Mandate, in order to obtain a “monetary compensation” according to the Regulation (EC) 261/2004, and/or of any other different amount owed as a refund and/or compensation of the damage, based on the national and international law applicable in the passengers matter of right. For this purpose, RIMBORSI AEREI will take care of any further related and subsequent activities, including setting a possible alternative dispute resolution (assisted negotiation and/or mediation) or a document instituting the proceedings towards the carrier obliged to pay the aforementioned amounts.

2.3. Except for any different agreements between the parties, the duty of RIMBORSI AEREI to offer the requested Services is an obligation of means and not of performance and, for this reason, it is never judgeable for the performance and/or the results achieved. 

2.4. The present General Conditions of Service don’t regulate the sale of products or the service provision made by third parties via direct links on our website (banners, links or hypertexts). RIMBORSI AEREI doesn’t have any control on the aforementioned web pages accessible through the links. For this reason, RIMBORSI AEREI is never responsible for goods or services guaranteed from third parties or for any transactions between the Passengers that use our website and the third parties

2.5. The present General Conditions of Service can be amended at any time. Any possible amendments and/or new conditions will be valid as soon as they are published in the specific section of the website. For this reason, the users are invited to consult the most updated version of the General Conditions of Service before submitting any requests. The General Conditions of Service applied are those valid at the time the request is sent. The Passenger must read carefully these General Conditions of Service, that he is allowed to save, duplicate and print on a durable support, as well as all the information provided before and after the purchase procedure

  1. PROCEDURE OF REQUEST SUBMISSION AND CONTRACT CONCLUSION

3.1. These General Conditions of Service and the details included on the Website are a simple invitation to formulate a Services purchase proposal.

3.2. In implementation of the rules reported by the Legislative Decree 70, 9th April 2003, which regulates the electronic commerce, RIMBORSI AEREI informs the Passengers that:

–The contract between RIMBORSI AEREI and the Passenger is concluded via Internet

– The Passenger formalises the Request by accessing the Website and following the procedures indicated

–The Request will be completed by following the procedure here mentioned, which is only available in Italian and can be corrected, amended and cancelled at any time before the submission

–The submission of the Request is a non-binding proposal for the conclusion of the Services provision contract. Hence, this is representative for the presentation and the management of a direct claim aimed at obtaining any eventual “monetary compensations” from the Airline Company, according to the Regulation (EC) 261/2004 and/or any other amounts owed as a refund and/or damage reimbursement, based on the national and international law applicable in the passengers matter of right, and of any subsequent actions, also legal, and/or activities.

–The Request is subject to an evaluation from RIMBORSI AEREI, which has the right to express the will to accept or refuse the same, also based on the verification of the legal requirements for the claim submission towards the Airline Company concerned

3.3. In order to purchase the Services, the Passenger has to fill out and send an electronic request form according to the following procedure:

  1. a. The Passenger needs to access the Website homepage or the following web page: rimborsiaerei.net/richiedi-rimborso-aereo/
  2. here he/she has to:

(i) fill in the fields with the information required (name, surname, email address and Airline Company he/she travelled with)

(ii) fill it the other fields with the information necessary to identify the flight for which he/she wants to submit a claim (date and time of the flight, type of flight, number of passengers and type of inconvenience)

(iii) upload a copy of the flight ticket in a JPG, PNG or PDF format, with a maximum size of 5MB (it is possible to upload up to three files) and briefly describe the inconvenience experienced

(iv) transmit the electronic purchase request to RIMBORSI AEREI completed with all the information required by clicking on “SEND A REFUND REQUEST”

  1. Request summary: before sending the Request, the Passenger is asked to identify and correct any possible mistakes occurred when filling in the fields and to read carefully these General Conditions of Sell, print a copy by using the print option and save it or ask for a copy for personal use. The Request summary includes: the details of the Request, the price of the Services, including taxes, and any other additional costs (if applicable)
  2. to submit the Request, the Passenger has to click on “SEND A REFUND REQUEST”)
  3. the Request is considered sent when RIMBORSI AEREI receives the electronic form duly completed, together with the documentation required, and the information related to the Request has been checked by the Passenger and considered correct)

3.4. by making a Request, the Passenger declares to have taken note of all the indications provided to him/her in the procedure and to have fully accepted the present General Conditions of Service)

3.5. as an alternative to the procedure described in point 3.3, the Request can be sent via email to the following address, together with the information and documentation aforementioned: INFO@RIMBORSIAEREI.NET

3.6. After sending the Request, the Passenger will receive an acknowledgment of receipt from RIMBORSI AEREI at the email address indicated when filling in the form. This email includes: a copy of these General Conditions of Service, the Passenger’s details, the flight details and the request details. The Passenger must verify the information accuracy and promptly advise any corrections by sending an email to RIMBORSI AEREI at the following address: [INFO@RIMBORSIAEREI.NET]

3.7. Once the Request is received, RIMBORSI AEREI checks the accuracy and completeness of the information and of the documentation attached and contacts the Passenger for any possible clarifications and/or additional information

3.8. RIMBORSI AEREI then verifies if the legal requirements for the claim submission towards the Airline Company are applicable and, based on this evaluation, which is discretionary and not judgeable, it will send an email to the Passenger to:

  • inform the Passenger of the refusal of the Request and, for this reason, that it will not accept the representation assignment for the claim submission and management or any subsequent actions, including legal, or activities
  • provide to the Passenger the link to access the web page containing the Mandate to fill in and submit to conclude the Services provision contract

In the latter case, the Passenger has to be submit the Mandate electronically through the TSP by using the electronic signature

3.11. Therefore, the Passenger takes note that the Requests are subject to acceptance by RIMBORSI AEREI, which has the right to discretionary refuse them, also in case:

  1. a) the Services provision cannot be carried out due to a mistake in the information provided by the Passenger when sending the request (such as wrong personal details and/or flight details; wrong or incomplete email address; suspicious information; missing and/or incomplete documentation
  2. b) an error occurred on the Website
  3. c) RIMBORSI AEREI ascertains that there are no legal requirements to submit the claim and/or, in any case, to obtain a “monetary compensation” provided in the Regulation (EC) 261/2004 and/or any other amounts possibly owed as a refund and/or damage reimbursement, based on the national and international applicable law in the passengers matter of right.

3.12. In accordance with Legislative Decree No. 70 of April 9, 2003, RIMBORSI AEREI informs the Passenger that any Requests sent are kept in a digital or paper format in its headquarters, in compliance with the confidentiality and security policies. The Passenger can request a copy at any time to RIMBORSI AEREI by addressing a request to: [INFO@RIMBORSIAEREI.NET]

  1. METHODS OF PROVIDING SERVICES

4.1. Following the conclusion of the contract and then the submission of the Services purchase confirmation of point 3.9, RIMBORSI AEREI will proceed with the presentation of the direct claim in the name and on behalf of the Passenger, aimed at obtaining a “monetary compensation” , according to the 261/04 EU regulation and/or any other amounts owed as a refund and/or damage reimbursement, based on the national and international law applicable. For this purpose, RIMBORSI AEREI will take care of any further related and subsequent activities.

4.2. If the activity of point 4.1 is not sufficient to obtain the “monetary compensation” provided for in Regulation (EC) No 261/2004 and/or any other different amounts due as a refund and/or damage reimbursement based on the national and international applicable law.

4.3. In case of alternative means of dispute resolution (mediation and/or assisted negotiation) and/or legal action towards the Airline Company, RIMBORSI AEREI will inform the Passenger through specific communication

4.4. In any cases of designation of a procedural representative, RIMBORSI AEREI will support the related costs (including the costs of commencement of proceedings and for the legal expertise of the representative designated), which RIMBORSI AEREI will support also in case the legal action is unsuccessful or in case of possible order to pay the costs of the other party

4.5. In case of means of alternative resolution (mediation and/or assisted negotiation) and/or legal action, the Passenger is committed to provide to the legal representative designated any information useful for the success of the proceeding and/or judgment, specifically giving consent for data processing under Decree 196/2003 and  Regulation (EU) no 2016/679. The Passenger also authorises RIMBORSI AEREI to settle and collect amounts on his/her behalf.

  1. DURATION

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

  1. payment credited by RIMBORSI AEREI to the Passenger’s bank account made by the Airline Company as “monetary compensation” provided for in Regulation (EC) 261/2004, and/or any other different amounts due as a refund and/or damage reimbursement, based on the national and international applicable law and requested on appeal)
  2. notification by RIMBORSI AEREI of assignment rejection because:

– while carrying out the assignment, it ascertains that there are no legal requirements to obtain the “monetary compensation” provided for in Regulation (EC) 261/2004, and/or any other different amounts due as a refund and/or damage reimbursement, based on the national and international applicable law and requested on appeal

–it considers in its sole discretion the claim as possibly unsuccessful,  as well as any possible extrajudicial actions put in place as a consequence of the rejection to accept the claim by the Airline Company, and/or pay the related expenses

–after informing the Passenger of the proposal received from the Airline Company of point 6.3, the Passenger refuses such proposal

–it receives an unfavorable opinion from the lawyer appointed on the start and/or continuation of an alternative dispute resolution procedure (mediation and/or assisted negotiation) and/or trial to undertake and/or undertaken)

  1. COSTS AND PAYMENT

6.1. Whenever the requested “monetary compensation” is paid (including partially) and/or any other different amounts due as a refund and/or damage reimbursement, based on the national and international applicable law, RIMBORSI AEREI is entitled to receive a fee to cover the costs incurred, which will be determined each time between RIMBORSI AEREI and the Airline Company when paid in the extra-judicial phase, or by the Judge upon conclusion of the legal proceedings)

6.2. In case the claim to obtain such amounts is unsuccessful, the Passenger will not incur any charges and/or cost refunds for the activity carried out by RIMBORSI AEREI)

6.3. In case the Airline Company offers a lower amount to the Passenger compared to what he/she is entitled to, according to the applicable law in the passengers matter of right, RIMBORSI AEREI will inform the Passenger to ascertain his/her will to accept or reject the proposal. In case of rejection, RIMBORSI AEREI has the right to renounce its Mandate)

  1. RIGHT OF WITHDRAWAL

7.1. WITHDRAWAL OF THE CONSUMER

In case the Passenger is the consumer, the same has the right of withdrawal and no obligation to provide a justification or a penalty. To exercise the right of withdrawal, the Passenger has to promptly advise no later than 14 (fourteen) days prior to the Services purchase confirmation notification under Article 3.9. This communication must be sent to RIMBORSI AEREI at the following email address: info@rimborsiaerei.net

The communication must include the following information related to the Passenger: date of signing of a Mandate; name and address of the Passenger; email address and telephone number of the Passenger

Alternatively, the Passenger can use the withdrawal form at the following link: https://www.rimborsiaerei.net/wp-content/uploads/2023/06/modello-diritto-di-recesso.pdf

7.2. Passenger Revocation

The Mandate is irrevocable and, for this reason, in case a Passenger intends to do so, he/she will be liable for damages cause to RIMBORSI AEREI, unless excused for a good reason

The Passenger will have to promptly inform RIMBORSI AEREI by email by contacting the following address: info@rimborsiaerei.net

7.3. Renunciation by RIMBORSI AEREI

RIMBORSI AEREI is entitled to renounce its Mandate from the Passenger in the following cases under point 5.1, letter b). The Passenger fully understands that they are for just cause under Article 1727 of the civil code and that RIMBORSI AEREI is not committed to pay any penalties and/or compensations for damages

 (RIMBORSI AEREI must promptly advise the Passenger via email, using the email address provided by the Passenger at the time of his/her Request

  1. ROLE AND OBLIGATIONS OF RIMBORSI AEREI

8.1. After concluding the contract and receiving a confirmation for the Services purchase under point 3.9, RIMBORSI AEREI is committed to deliver its Services in a professional, diligent and competent way. For instance, RIMBORSI AEREI is committed to:

  • while carrying out its assignment, verify the existence of the legal requirements for the “monetary compensation” provided for in Regulation (EC) 261/2004, and/or any other different amounts due as a refund and/or damage reimbursement, based on the national and international applicable law and requested on appeal
  • verify the possible acceptation of the claim and/or any extra-judicial actions to exercise
  • submit the claim along with the documentation needed and/or exercise further extra-judicial actions towards the Airline Company
  • manage the claim and/or further extra-judicial actions, until the closing, handling the correspondence with the Airline Company
  • inform the Passenger of any actions

8.2. RIMBORSI AEREI will inform the Passenger of any unexpected occurrences that may happen while carrying out the assignment, reserving the right to distance itself from the instructions received in case these unexpected occurrences cannot be promptly communicated to the Passenger and RIMBORSI AEREI reasonably believes that the Passenger would have approved

8.3. RIMBORSI AEREI will timely inform the Passenger of the claim result and/or of the alternative dispute resolution and/or of the proceedings filed

8.4. RIMBORSI AEREI will maintain the Website and update it according to the new programming techniques and it will also ensure security of all data and information on the Website

8.5. RIMBORSI AEREI is committed to inform the Passenger of the functioning of the Website and assist him/her in case of need

8.6. RIMBORSI AEREI is never responsible for the illegal, illegitimate, false and inaccurate content of the documentation and/or for the information provided by the Passenger, being the Passenger committed to hold RIMBORSI harmless from any related requests.

8.7. Except in the case of fraud or gross negligence, it is hereby excluded any right of the Passenger for damage refund or compensation, or any contractual or non-contractual liability for direct or indirect damages to people and/or things

8.8. RIMBORSI AEREI assumes no responsibility for contents created or published on third parties’ websites that have an hyperlink on its Website, having RIMBORSI AEREI no control whatsoever on those websites and not being responsible for the contents of the related websites

8.9. RIMBORSI AEREI is never responsible for (i) any losses that are not a consequence of the violation of the General Conditions of Service, (ii) any business opportunities lost (including loss of profits, revenue, contracts, anticipated savings, data, starting or expenses unnecessarily incurred

8.10. In any case, the claims for compensation towards RIMBORSI AEREI cannot exceed the amount of the Services purchase price that have generated the damage compensation request

8.11. The Supplier has no further obligations than those stated on the Mandate and on the General Conditions of Service and offers no guarantee of performance success

8.12. The Supplier has no responsibility whatsoever for the direct or indirect damages suffered by the Passenger or third parties in connection with the personal data handled by the Supplier when executing the Mandate and of the General Conditions of Service that have been purchased, handled and/or saved by the Passenger not complying with the Regulation (EU) 2016/679 General Data Protection (GDPR).

8.13. If the Passenger doesn’t provide the information required by the Supplier in a reasonable time, the Passenger cannot attribute any related responsibilities to RIMBORSI AEREI

8.14. Whenever a “monetary compensation” is credited to the bank account of RIMBORSI AEREI, whether in full or in part, and/or any other different amounts due as a refund and/or damage reimbursement, based on the national and international applicable law, RIMBORSI AEREI is obliged to credit these amounts to the bank account provided by the Passenger within three days from the actual receipt of these funds. It is understood that the funds credited to the bank account of RIMBORSI AEREI, and then credited to the Passenger’s bank account, do not produce interest. 

  1. PASSENGER’S OBLIGATIONS

9.1. The Passenger is committed to exclusively use the Website and the Services purchased on the Website in compliance with the present General Conditions of Service, for legal purposes and without harming the rights of RIMBORSI AEREI, of the Airline Companies concerned and/or of any third parties. The Passenger is committed to indemnify the Supplier and its employees or collaborators, from any damage claims from third parties for any actions or faults made by the user while using the Website and purchasing Services on the Website

9.2. The Passenger declares that all information provided is accurate, true and not misleading, and he/she is committed to keep the data as such and advise RIMBORSI AEREI of any violations. The Passenger is exclusively responsible for omissions or for any false, inaccurate, incomplete or missing information

9.3.For the purpose of providing the Services, the Passenger is committed to provide to RIMBORSI AEREI all the documentation and the information needed to execute the Mandate in the best possible way, guaranteeing to have the ownership and/or the authorisation to deal and/or produce this documentation, as well as the use of the personal information. The documentation in question cannot break in any way, in part o in full, the rights of the third parties, as well as their right to a “monetary compensation” provided for in Regulation (EC) 261/2004, and/or any other different amounts due as a refund and/or damage reimbursement, based on the national and international applicable law in matter of in the passengers matter of right, intellectual and industrial property rights, the related mandatory rules, the public order, the common decency and the legal provisions in general. In case of violation of the provisions of this point, RIMBORSI AEREI reserves the right to waive the Mandate, except for the right to compensation for the damages incurred.

9.4 The Passenger is the only person responsible of providing these documents and information and he/she accepts to indemnify RIMBORSI AEREI, its partners and its employees from any possible responsibilities on compensation for damages suffered from third parties

9.5. By accessing and/or using the Website, the Passenger declares to (i) have all necessary power, licenses, rights and/or permissions to upload on the Website and, in general, to handle and produce the documentation requested for the purpose of using the Services offered by RIMBORSI AEREI, in relations to the consequent activities of claim submission and handling as well, and/or establishment of an alternative dispute resolution. In case the person entitled to the “monetary compensation” provided for in Regulation (EC) 261/2004, and/or any other different amounts due as a refund and/or damage reimbursement, based on the national and international applicable law as foreseen in passenger rights legislation, is a minor, the user declares to be the parent and/or guardian of the person entitled. Any prejudicial consequence of any nature, will be charged to the Passenger and/or user, if derived from a violation of a warranty of the obligation hereby contracted. The Passenger and/or user must also indemnify RIMBORSI AEREI from any damages and claims arising

9.6. The Passenger is committed to fulfill his/her obligations with loyalty and in good faith, being committed to observe the rights of RIMBORSI AEREI. He/she is also committed to do any acts and/or sign any documents requested by the Airline Company, and/or by anyone on behalf of it, for the aforementioned purpose, such as, for example, discharges, settlements and/or authorisations to credit the amounts. Moreover, The Passenger is committed to collaborate and not go against and/or hinder in any way the development of the services by RIMBORSI AEREI, being aware of the fact that, for this development, his/her collaboration is required

9.7. The Passenger is required to indemnify and compensate in full RIMBORSI AEREI, protecting it from any responsibilities, costs, expenses, damages, claims and legal proceedings incurred by RIMBORSI AEREI, as a consequence of any claims made by the Users for any alleged and/or proven contractual, pre-contractual and/or extra-contractual breach performed by the Passenger against them

9.8. The Passenger must not appoint further alternative individuals besides RIMBORSI AEREI for the development of the services

9.9. The Passenger authorises RIMBORSI AEREI to credit on his/her bank account and, in any case, to collect the amount of the “monetary compensation” provided for in Regulation (EC) 261/2004, and/or any other different amounts due as a refund and/or damage reimbursement, based on the national and international applicable law as foreseen in passenger rights legislation, and then credit it on the Passenger’s bank account, net of what provided for in Article 6.1

  1. TERMINATION OF THE CONTRACT

10.1. In any case of non-compliance with the contract obligations by the Passenger, the Provider can terminate the contract pursuant to Article 1453 of the civil code, without prejudice, in any case, to compensation for damages

  1. DATA PROTECTION AND COOKIES POLICY

11.1. For the information on the personal data processing done by the Website, please consult the Privacy Police

11.2. For the information on the Cookies policy, small text files that allow storage of information about the user’s preferences, improvement of the website’s functionality, simplification of navigation by automating the procedures and for analyzing site usage, please read the Cookie policy.)

  1. ACCIDENT OR FORCE MAJEURE

12.1. RIMBORSI AEREI declines all responsibility for any breach of its contractual obligations in case of accident of force majeure, for example, acts of war or terrorism, strikes, national or local states of emergency, malfunctioning of the transport infrastructure, outage, earthquakes or any other natural disasters

  1. INTEGRALITY

13.1. The recitals and annexes, although not material, to these General Conditions of Service, form integral and essential part of it, also for the purpose of better defining the obligations mutually assumed by the Parties

13.2. The possible invalidity and/or inefficiency and/or cancellation of one of the terms of these General Conditions of Service, will not affect them or the further applicable conditions

13.3. In case a limitation, exclusion, restriction or further disposition included in the present General Conditions of Service is considered null or canceled for whatever reason from the Judge, and the Supplier is, as a consequence, liable for loss or damage, in case of slight negligence the compensable damage can never exceed the total contract value

  1. CUSTOMER SERVICE AND COMPLAINTS

14.1. For information or any communication, assistance with requests and claims, the Passenger can contact the Customer Service via email at the following address: info@rimborsiaerei.net

14.2. RIMBORSI AEREI will respond to the claims in a timely manner and in any case, within 1 working day from receipt

  1. REVIEWS

15.1. The Website reviews are collected through the RIMBORSI AEREI Facebook profile, to which data protection reference is made, in order to better understand the review channels and what we can and that we cannot do with them

  1. APPLICABLE LAW AND PLACE OF JURISDICTION, ALTERNATIVE DISPUTE RESOLUTION

16.1. For anything not expressly provided for in these General Conditions of Service, please refer to the rules of the Civil Code and the laws in force. If the Passenger is attributable, according to current legislation, to the category of “consumer”, the rules of the Legislative Decree 6th September 2005 no 206, “Consumer Code”, will apply to him/her. The rules related to the distance contracts and the contracts negotiated away from business premises are excepted

16.2. In accordance with Article 14 of Regulation (EU) no 524/2013, consumers are advised under article 3, subsection 1, letter a) of the Consumer Code, that it has been established an European platform to resolve online the consumer litigations (known as ODR platform). The ODR platform is made available by the European Commission at the following link: http://ec.europa.eu/consumers/odr/

16.3. Unless otherwise permitted by the applicable law, the parties are committed to use mediation before starting any legal proceedings in relation to any dispute arising or to the use of the Website and/or of the Services, to these General Conditions of Service and of Mandate, including those related to its interpretation, validity, efficacy, execution and resolution

16.4. The Parties may refer to the Arbitra Camera / Azienda Speciale Sviluppo e Territorio of the Chamber of Commerce of Rome, with its registered office in Via dé Burrò 147, 00186, Rome (phone number +39 06 6787 758 and +39 06 6979 7165 – Fax +39 06 6992 2473 – email address: segreteria@arbitracamera.it), in accordance with the relative regulation, that the Parties declare to know and fully accept

16.5. For any dispute arising between the Parties in respect of the implementation, interpretation and resolution of this contract, and that the Parties cannot settle out of court or with the help of mediation referred to in the previous point, will be donated to the exclusive jurisdiction of the Court of Rome, acknowledged as being the only court having jurisdiction, except in cases of the Passenger being attributable to the “Consumer Code” category, according to the provisions of the Legislative Decree 6th September 2005 no 206, under the category of “consumer” in which case the competence will lie with the judge of the place of residence or domicile of the consumer, if located in the territory of the State

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