AirPayback

Terms & Conditions

These Terms and Conditions ('T&C') govern the Agreement between LINGUA LINE TRANSLATIONS S.R.L., with tax identification number 54633800 ('LINGUA LINE TRANSLATIONS') and you ('the Client').

I. Definitions

Within these Terms and Conditions, the following terms shall have the meanings specified below:

i. Air Passenger Rights Regulations:

Any national or international regulation (including but not limited to laws, regulations, directives, or conventions) that sets out common rules regarding compensation and assistance for passengers in the event of denied boarding, flight cancellations, or long delays when passengers were unable to fly or their flight was disrupted, as well as any financial compensation for lost or damaged baggage, including but not limited to:

  • Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004;
  • The Air Passenger Rights and Air Travel Organisers Licensing (Amendment) (EU Exit) Regulations 2019;
  • Turkish SHY Passenger Regulation;
  • Canadian Transportation Act: Air Passenger Protection Regulations;
  • The Montreal Convention of 1999.

ii. Compensation:

The total amount of money, including any monetary compensation or reimbursement, owed by an airline in connection with a flight, under the applicable Air Passenger Rights Regulations. Compensation does not include payment or reimbursement of court fees, collection costs, interest, or other similar amounts previously incurred by LINGUA LINE TRANSLATIONS or resulting from LINGUA LINE TRANSLATIONS’s involvement.

iii. Claim:

Any request submitted to an airline for the purpose of obtaining Compensation.

iv. Eligibility:

The fulfillment by the passenger of the conditions imposed by the applicable Air Passenger Rights Regulations that give rise to the right to Compensation.

v. Client:

The person eligible to receive Compensation from an airline in connection with a flight.

vi. Assignment of Claim:

The transfer from the Client to LINGUA LINE TRANSLATIONS of the right to request and receive Compensation under the applicable Air Passenger Rights Regulations.

vii. Assignment Form:

The document signed by the Client confirming their acceptance of LINGUA LINE TRANSLATIONS’s Terms and Conditions and Privacy Policy, and transferring ownership of their claim to LINGUA LINE TRANSLATIONS.

viii. Power of Attorney for Claim:

The agreement by which the Client authorizes LINGUA LINE TRANSLATIONS to act on their behalf for obtaining Compensation.

ix. Power of Attorney:

The document signed by the Client confirming their acceptance of LINGUA LINE TRANSLATIONS’s Terms and Conditions and Privacy Policy, authorizing LINGUA LINE TRANSLATIONS to act on their behalf to obtain Compensation.

x. Agreement:

An Assignment of Claim or Power of Attorney for Claim.

xi. Legal Proceedings:

The procedures initiated before courts of law in order to obtain Compensation.

II. Subject of the Agreement

II.1. By accepting these Terms and Conditions and signing the Assignment Form and the Power of Attorney, the Client makes an offer to LINGUA LINE TRANSLATIONS to enter into:

  • i. An Assignment of Claim, whereby the Client transfers to LINGUA LINE TRANSLATIONS the right to claim Compensation under Regulation (EC) No 261/2004 or other national or international regulations that establish common rules on passenger compensation and assistance in the event of denied boarding, flight cancellations or long delays when passengers were unable to fly or their flight was disrupted, and any other monetary compensation for lost or damaged baggage. LINGUA LINE TRANSLATIONS will make all reasonable efforts to recover the Compensation in its own name, including through legal proceedings, if necessary.
  • ii. A Power of Attorney for Claim, whereby the Client authorizes LINGUA LINE TRANSLATIONS to take all necessary steps, under the conditions outlined in point II.1.1, to obtain the Compensation on behalf of the Client.

II.2. LINGUA LINE TRANSLATIONS has the exclusive right to choose which type of Agreement to conclude, on a case-by-case basis, depending on its expertise and the applicable jurisdiction. The Agreement is considered concluded at the moment LINGUA LINE TRANSLATIONS begins to fulfill its obligations either according to II.1.1 (by contacting the airline in its own name and presenting the Assignment Form) or according to II.1.2 (by contacting the airline on the Client’s behalf and presenting the Power of Attorney).

II.3. In both cases, upon recovering the Compensation, LINGUA LINE TRANSLATIONS will transfer the amount to the Client, as stipulated in Chapter IV of the T&C.

III. Assignment and Compensation Recovery Procedure

Eligibility Verification

III.1. The Client fills out the form provided on the airpayback.com website to verify Eligibility, supplying any required flight data and information. LINGUA LINE TRANSLATIONS verifies eligibility in real-time, based on the documents and information provided by the client and flight data available to LINGUA LINE TRANSLATIONS, including data from ADS-B systems.

III.2. If LINGUA LINE TRANSLATIONS determines that the Client is not eligible or the provided data is incomplete or incorrect, the Client will be informed accordingly. If eligibility is confirmed, LINGUA LINE TRANSLATIONS will provide the Client with the applicable Terms and Conditions, Privacy Policy, Assignment Form, and Power of Attorney.

Conclusion of the Agreement

III.3. Signing and submitting the Assignment Form and Power of Attorney via the airpayback.com website constitutes the Client's offer to conclude the Agreement and acceptance of LINGUA LINE TRANSLATIONS’s Terms and Conditions.

III.4. By making the offer, the Client confirms that they are authorized and legally competent to sign on their own behalf or, if applicable, on behalf of another person (e.g., a child).

III.5. By signing the Agreement, the Client confirms and guarantees that:

  • i. they are the rightful owner of the claim and have not assigned it to any third party;
  • ii. no other agreement has been concluded regarding the Compensation;
  • iii. there is no ongoing dispute concerning the Compensation.

III.6. The Client understands that after concluding the Agreement, they are no longer entitled to use the services of other companies, agencies, or lawyers to obtain the Compensation or to contact the airline directly. By signing the Agreement, the Client confirms they will not engage in any direct contact or accept any payment from the airline.

III.7. The Client agrees to provide, upon request, any additional information regarding the flight, tickets, booking details, or any other relevant data that may affect the claim process to LINGUA LINE TRANSLATIONS.

III.8. LINGUA LINE TRANSLATIONS reserves the right to accept only monetary compensation, not vouchers or any other services potentially offered by the airline.

Compensation Recovery

III.9. After the Agreement is concluded, LINGUA LINE TRANSLATIONS will send one or more Claims to the airline to obtain the Compensation through amicable settlement.

III.10. If the airline refuses to resolve the Claim after negotiations, LINGUA LINE TRANSLATIONS will decide whether to initiate Legal Proceedings to recover the Compensation. LINGUA LINE TRANSLATIONS may also resort to Legal Proceedings in other circumstances if it considers that doing so may lead to a faster and/or more effective resolution.

III.11. If LINGUA LINE TRANSLATIONS initiates Legal Proceedings to obtain Compensation, the Client will not be required to cover any costs in case the action is unsuccessful. If the Claim is resolved favorably or settled amicably during Legal Proceedings, LINGUA LINE TRANSLATIONS will bear the legal costs unless these are covered by the airline. If the requested compensation is successfully obtained, the Client agrees that all recoverable costs incurred by LINGUA LINE TRANSLATIONS shall be allocated to LINGUA LINE TRANSLATIONS.

III.12. During Legal Proceedings, the lawyer chosen by LINGUA LINE TRANSLATIONS will have access to the Client’s information necessary to support the Claim.

III.13. If, after reviewing the Claim, the lawyer chosen by LINGUA LINE TRANSLATIONS deems the chances of success in Legal Proceedings to be low, the Client will be informed, and LINGUA LINE TRANSLATIONS will cease any action regarding the respective Claim. In this case, the rights to the claim will automatically revert to the Client without the need for an additional document.

IV. Commission and Transfer of Compensation to the Client

IV.1. Compensation refers to the total amount of money paid by the airline to the client or LINGUA LINE TRANSLATIONS as a result of the actions taken by LINGUA LINE TRANSLATIONS. Compensation does not include court fees, collection costs, interest, or other similar amounts previously incurred by LINGUA LINE TRANSLATIONS or resulting from its involvement.

Commission

IV.2. The Client shall not pay any commission until the Compensation is recovered from the airline.

IV.3. In the event that LINGUA LINE TRANSLATIONS obtains the compensation, LINGUA LINE TRANSLATIONS is entitled to a commission from the compensation, established as follows:

  • 35% including all applicable taxes (e.g., VAT). For clients resident in European Union member states where VAT applies, the effective net commission is 28.93%.

IV.4. The commission charged shall increase in the event that, either because no agreement is reached with the airline, or because LINGUA LINE TRANSLATIONS considers that obtaining compensation would be more efficient and/or faster through this route, Legal Proceedings need to be undertaken:

  • 49% including all applicable taxes (e.g., VAT). For clients resident in European Union member states where VAT applies, the effective net commission is 40.5%.

IV.5. The commissions mentioned in sections IV.3 and IV.4 include all taxes and duties applicable under current legislation. For clients with tax residence in EU member states, VAT applies in accordance with European regulations, in which case the net commission represents the amount after deduction of applicable VAT.

Transfer of Compensation to the Client

IV.5. Payment of the compensation by LINGUA LINE TRANSLATIONS to the Client, in the amount resulting after deducting the Commission established according to points IV.2 and following, will be made only after LINGUA LINE TRANSLATIONS has confirmed that the amount received from the airline is the due Compensation for the flight. If payment details from the airline are insufficient to identify the compensation, LINGUA LINE TRANSLATIONS will contact the airline for clarification.

IV.6. LINGUA LINE TRANSLATIONS will contact the Client within 30 days to request banking details for the transfer, using the contact information provided by the Client.

IV.7. LINGUA LINE TRANSLATIONS is obligated to make the payment within 30 days of receiving complete and correct banking information (including name, IBAN, etc.). The transferred amount will be the obtained compensation minus the agreed commission. The Client may not provide third-party bank details, as LINGUA LINE TRANSLATIONS, in accordance with anti-money laundering laws, cannot make payments to other beneficiaries. If provided bank details are incorrect or incomplete, LINGUA LINE TRANSLATIONS will notify the Client within 30 days.

IV.8. The payment will be made in the same currency in which LINGUA LINE TRANSLATIONS received the compensation from the airline. If the Client does not hold an account in that currency, LINGUA LINE TRANSLATIONS will pay in the currency indicated by the Client, using the official exchange rate set by the National Bank of Romania on the date of the transfer or the previous day.

IV.9. If the Client does not provide correct and complete bank details within 3 months of being notified, LINGUA LINE TRANSLATIONS will not be held liable for the inability to make the payment or delays caused by the Client's failure to fulfill contractual obligations. After 3 months, the full amount obtained will be retained by LINGUA LINE TRANSLATIONS, with no further obligation to pay the Client.

Other Provisions

IV.10. If the Client fraudulently provides incorrect or incomplete data and LINGUA LINE TRANSLATIONS incurs additional costs, the Client must reimburse such costs.

V. Rights and Obligations of the Parties

V.1. Rights and Obligations of the Client

V.1.1. The Client has the right to visit the airpayback.com website and conclude an Agreement with LINGUA LINE TRANSLATIONS, subject to eligibility.

V.1.2. The Client has the right to request regular updates on their claim and seek clarification regarding any part of the compensation recovery process.

V.1.3. The Client is obligated to provide, upon request and within 30 days, any additional information related to the flight, tickets, reservation, or other relevant data needed to obtain compensation.

V.1.4. Once the agreement is signed, the Client may not use the services of other companies, agencies, or lawyers, nor may they contact the airline directly.

V.1.5. The Client must notify LINGUA LINE TRANSLATIONS within 5 business days of receiving any correspondence or offer from the airline regarding the compensation. Failure to do so may result in losing the right to receive the payment.

V.2. Rights and Obligations of LINGUA LINE TRANSLATIONS

V.2.1. LINGUA LINE TRANSLATIONS has the right to reject ineligible claims.

V.2.2. LINGUA LINE TRANSLATIONS has the right to determine its own negotiation strategies or legal actions and is not obligated to accept any airline settlement it considers unfair.

V.2.3. LINGUA LINE TRANSLATIONS must make reasonable efforts to obtain the compensation, including initiating legal proceedings when necessary.

V.2.4. LINGUA LINE TRANSLATIONS has the right to terminate efforts to obtain compensation if the Client provides false, incomplete, or inaccurate information, or if there are signs of fraud.

V.2.5. LINGUA LINE TRANSLATIONS retains the right of recourse for expenses incurred if the claim was previously assigned or if the passenger already received compensation directly but failed to inform LINGUA LINE TRANSLATIONS.

VI. Confidentiality and Personal Data Protection

VI.1. LINGUA LINE TRANSLATIONS processes personal data in compliance with data protection laws and in accordance with its Privacy Policy.

VII. Termination of the Agreement

VII.1. The Agreement is terminated once the agreed portion of the Compensation is transferred to the Client.

Right of Withdrawal

VII.2. A Client qualified as a consumer under EU, EEA, or UK law may withdraw from this contract without stating reasons within 14 days from its conclusion.

VII.3. The withdrawal period expires 14 days after the contract is concluded.

VII.4. To exercise the right of withdrawal, the Client must send an unequivocal statement to office@airpayback.com before the 14-day period expires.

VII.5. The right of withdrawal can no longer be exercised if LINGUA LINE TRANSLATIONS fulfills the contract before the 14-day period expires.

Termination Initiated by LINGUA LINE TRANSLATIONS

VII.6. LINGUA LINE TRANSLATIONS has the right to unilaterally terminate the Agreement in the following cases:

  • i. The Client provides false or incomplete information that affects the recovery process.
  • ii. The Client does not respond within 30 days to requests for additional documentation.
  • iii. The Client negotiates directly with the airline or hires another party after signing the assignment.
  • iv. There are reasonable suspicions of fraud or falsified documents.

VII.7. If LINGUA LINE TRANSLATIONS unilaterally terminates the Agreement due to the Client’s fault, the Client will not be entitled to any compensation, and LINGUA LINE TRANSLATIONS may request reimbursement of any expenses incurred.

VII.8. If LINGUA LINE TRANSLATIONS decides to stop pursuing the compensation for reasons beyond the Client’s fault (e.g., low chances of success or unfavorable court rulings), the Client will be notified, and the Agreement is automatically terminated.

Force Majeure

VII.9. Neither party is liable for failure to perform contractual obligations if caused by force majeure events, including but not limited to war, pandemics, cyberattacks, earthquakes, floods, or natural disasters.

VII.10. If the force majeure event lasts more than 60 consecutive days, either Party may terminate the Agreement without further obligations.

VIII. Limitation of Liability

VIII.1. LINGUA LINE TRANSLATIONS relies on multiple sources of essential information and data to provide our services. Despite our efforts to ensure the accuracy of such information, inconsistencies or errors may occur. Our services are provided 'as is'.

VIII.2. LINGUA LINE TRANSLATIONS makes no warranties, either express or implied, including but not limited to implied warranties of merchantability, non-infringement, accuracy, or fitness for a particular purpose. There is no guarantee that the use of our services will result in compensation, will meet all your expectations, or will be free from viruses or other harmful components, timely, uninterrupted, accurate, complete, or reliable.

VIII.3. By using our services, you acknowledge and agree that you do so at your own risk. To the maximum extent permitted by law, LINGUA LINE TRANSLATIONS and its affiliates shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any loss of revenue or profit arising out of or related to (i) our services; (ii) delays or inability to access our services; (iii) viruses, bugs, trojans, software, third-party websites or services accessed through our services; or (iv) any other issue related to our services, regardless of whether the claim is based on contract, tort, strict liability, or otherwise, even if LINGUA LINE TRANSLATIONS, its affiliates, or any of its providers have been advised of the possibility of such damages.

IX. Commercial Partnerships

IX.1. LINGUA LINE TRANSLATIONS may conclude collaboration agreements with Partners, including, but not limited to, affiliates, travel agencies, legal partners or other economic operators, for the purpose of carrying out commercial, promotional or legal and technical support activities.

IX.2. The relationships between LINGUA LINE TRANSLATIONS and Partners are not governed by these Terms and Conditions, but are subject to separate collaboration contracts concluded between LINGUA LINE TRANSLATIONS and the respective Partners.

IX.3. Any information published on the website airpayback.com regarding affiliate programs or B2B and/or legal partnerships is exclusively informative in nature and does not constitute a contractual offer, recommendation or commitment from LINGUA LINE TRANSLATIONS until a separate contract is concluded.

IX.4. LINGUA LINE TRANSLATIONS reserves the right to modify, suspend or terminate at any time the affiliate programs, legal partnerships or B2B collaborations presented on the website, without affecting the validity and execution of contracts already concluded with Partners.

X. T&C Modifications

X.1. LINGUA LINE TRANSLATIONS may unilaterally modify the T&C without prior notification. In the event that the modification would have the effect of restricting the right of the Client or Participant, it may enter into force only after notifying them and subject to acceptance.

XI. Final Provisions

XI.1. These Terms and Conditions, as well as any dispute or claim arising from or in connection with them, will be governed and interpreted in accordance with the laws of Romania.

XI.2. Any dispute arising regarding these Terms and Conditions will be resolved by Romanian national courts, except in cases where mandatory, exclusive jurisdiction rules provide otherwise.

Ready to check if you are owed compensation?

Two minutes. No fee unless we win.

Start my claim

Free · 2 minutes · No obligation