Terms and Conditions

These Terms & Conditions (T&C) of the company Flywize s. r. o., incorporated under the laws of Slovak Republic, with its registered seat at 1.mája 908/12, 981 01 Hnúšťa, Slovak Republic, registered with the Commercial Registry of District Court Banská Bystrica, Section: Sro, Insert No.: 44481/S, operating a platform designated for securing compensation of air passengers for delayed, cancelled and/or overbooked flights (Flywize), governs the rights and obligations of Flywize and Client with regards to seeking compensation in event of denied boarding and of cancellation or long delay of flights.

Definitions

Unless the context of the T&C requires otherwise, the capitalised terms used in these T&C shall have the meanings indicated below:

“Agreement” shall mean the agreement between the Client and Flywize that is concluded after the Client got acquainted with and accepted T&C, which is signed by electronic means or in writing.

“Client” shall mean a person that has signed the Agreement accepted T&C and is seeking Flight Compensation with the help of Flywize.

“Fellow Passenger” shall mean a person who the Client included in Assignment, such as family member or passenger that traveled together with the Client.

“Claim” means any claim against an operating air carrier (airline) for monetary compensation pursuant to Flight Compensation Regulation.

“Flight Compensation” means total amount of money paid by an operating air carrier in relation to a Claim as compensation, settlement or gesture of goodwill, including all additional expenses compensated to the Client or Flywize by free will and decision of an operating air carrier after the Client has signed the Agreement and accepted T&C. To avoid any doubts, it shall be specified that the Flight Compensation does not include any legal fees, court fees, collection cost, interest, penalty or similar expenses incurred, which are paid by Flywize during the entire collection process. Accordingly, all the amounts paid by Flywize during the collection process must be refunded and paid exclusively for the benefit of Flywize.

“Price List” shall mean Annex No. 1 to these T&C specifying amounts of Flywize remuneration.

“Electronic Identification Regulation” means Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.

“Flight Compensation Regulation” means Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 and also Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention), whichever applies.

“Privacy and Data Protection Requirements” shall mean all applicable laws of the Slovak Republic relating to the processing of personal data and privacy, primarily the Act No. 18/2018 Coll. on the protection of personal data and on amending and supplementing certain acts (Data Protection Act) implementing Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR Regulation) .

“Legal Proceedings” shall mean a process when Flywize files the Claim to a court, alternative dispute resolution institutions, aviation regulatory agencies, consumer protection agencies and/or governmental bodies, or handing over the Claim to a contracted legal representative, such as an attorney or law firm.

Agreement

1. Under the Agreement the Client authorizes Flywize to seek his (her) monetary claim, including the monetary claim of Fellow Passenger, pursuant to Flight Compensation Regulation, or any other analogous or similar national regulation applicable in respect of the Client in another country which establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancelation or long delay of flights, including all amounts related to the assignment (Assignment).
2. Only where the Assignment agreement (form) is declared invalid or cannot be considered valid in the particular jurisdiction (country), the Agreement concluded between the Client (Fellow Passenger) and Flywize shall be considered as a contract for services according to which Flywize administers Client‘s Assignment and undertakes to organize and finance the collection of the Assignment and to execute all other actions in relation to the Agreement.
3. The Client accepts T&C (the Agreement) which is considered as the basis of any other documents to be concluded between the Client and Flywize.
4. By entering into the Agreement, the Client confirms that he (she) is authorized and has legal capacity to sign documents binding both Flywize and the Client or, if applicable, has a right to sign on behalf of another person (e.g. a child or Fellow Passenger).
5. The Client confirms that the Assignment of Flight Compensation (or any part of it) has not been assigned to third parties and no legal dispute is pending or expected between the Client and the operating air carrier on the same matter. The Client understands that by making Assignment he/she, and/or Fellow Passenger, may not conclude the same and/or any similar agreement, including companies competing with Flywize, to act in the interest of the Client and/or take legal action in relation to collection of the Flight Compensation.
6. Flywize shall be entitled to accept only Flight Compensation and no travel vouchers and/or other services that may be offered by the operating air carrier shall be accepted.
7. By signing the Agreement and agreeing with T&C the Client confirms that he (she) will not maintain any direct contact or accept the payment from an operating air carrier.
8. Client agrees that Flywize is the sole authorized entity to claim Flight Compensation. This also applies to the Client, who, after the Assignment of Flight Compensation, is not entitled to claim Flight Compensation from the operating air carrier.
9. The Client confirms and declares that T&C are a direct proof and expression of true will and to be respected by operating air carriers. The Client agrees that all Flight Compensation payments made by operating air carriers under the Claims pursued by Flywize should be made directly to the bank accounts owned by Flywize or other bank accounts as agreed by Flywize and the Client.
10. Flywize provides services for the purchase of the Claim, by transferring the Claim to Flywize, along with all the rights that the Client derives from the Flight Compensation Regulation, for a fee which will be paid to the Client within two business days to the bank account of the Client (Assignment of a receivable). The Assignment of a receivable is governed by the Agreement on assignment of a receivable, and these T&C aro not applicable to it.

Pursuing of the Claim

1. Flight data in relation to the Claim may be submitted to Flywize preferably via Flywize website, mobile app, email and/or any other electronic or software solutions supported by Flywize. After such data is received, Flywize shall assess the merits of the flight and whether the Claim on the grounds of such flight data could be successful. If Flywize estimates that the flight data provided by the Client is sufficient and the Claim could be successful, Flywize shall execute all necessary actions in relation to the collection of Client's Flight Compensation according to the documents signed and approved by the Client.
2. Flywize reserves the right to refuse to take over the Claim without justification.
3. Please note that the result of the assessment as provided in Section 3.1. above does not include any binding statement and does not guarantee successful enforcement of the Claim.
4. When the Agreement is concluded, Flywize refers to the operating air carrier with the Claim in order to reach settlement and avoid Legal Proceedings.
5. Provided the operating air carrier refuses to satisfy the Claim after Flywize has reached the respective operating air carrier, Flywize, upon written approval by the Client, is entitled to initiate Legal Proceedings to pursue the Claim. Flywize, upon written approval by the Client, may initiate Legal Proceedings in other cases if the Flight Compensation recovery process would be more effective and (or) quicker this way.
6. During Legal Proceedings, the legal representative of Flywize shall be granted access to all data provided by the Client to Flywize in order to pursue the Claim. If third parties require any additional documents proving the powers of the legal representative, the Client, with the guidance of Flywize, shall immediately provide the legal representative with any of such documents. If, for the successful recovery of the Flight Compensation, it is necessary that the Claim is submitted by the legal representative (e.g. attorney at law) on the Client's behalf, or if the Client wishes to, the Client will sign a respective agreement with the legal representative, and the Client's monetary claim will be assigned back to the Client from the moment of conclusion of the respective agreement with the legal representative. In such a case, the Client and Flywize will settle between each other according to the terms and conditions specified in these T&C and (or) other agreements concluded between the Client and Flywize.
7. If, after assessing the merits of the Claim, the legal representative considers that pursuit of the Claim during Legal Proceedings is unlikely to succeed, the Client will be informed and Flywize will pursue the Claim no further. Such notification of the Client shall mean that the collection of the Flight Compensation has ended.
8. If Legal Proceedings are initiated to pursue the Claim, the Client shall be exempt from any costs incurred in the event the Claim is not upheld. In the case of success or settlement in the Legal Proceedings, Flywize shall cover any costs incurred that are not covered by the respective operating air carrier. Provided that the Claim is successful and the Client receives the Flight compensation, the Client agrees that all costs incurred by Flywize and claimed from the operating air carrier are paid to Flywize.
9. The Client agrees that Flywize has sole discretion to accept and/or reject any settlement offer in accordance with experience with the respective operating air carrier. The Agreement is considered as sufficient legal ground for such discretion to be effective. The Client is entitled to revoke this acknowledgment at any time and terminate all legal ties with Flywize in accordance with the procedure provided in the T&C.
10. The Client acknowledges that the Claim handling may take considerable time and that Flywize cannot influence how quickly the Claim can be asserted.

Fees and payment

1. Settlement in accordance with the procedure provided in these T&C for the Assignment is linked to the essential condition that the Flight Compensation is received, i.e. paid to the bank account owned by Flywize, or bank account agreed upon with the Client according to Article 2. Section 2.8 above. Upon payment of the Flight Compensation by the flight operating carrier Flywize and the Client shall settle in accordance with the procedure provided in the T&C.
2. Flywize pursues the Claim free of charge. Provided that the Claim is successful and the Flight Compensation is received, the agreed part of the Flight Compensation will be paid to the Client pursuant to the terms and conditions specified in the Price List. Flywize and the Client may separately agree on another amount of remuneration.
3. If a settlement agreement with an operating air carrier is not reached regarding the Claim or in other cases, when, in Flywize's opinion, Flight Compensation recovery process would be more effective and (or) quicker, Flywize is entitled to commence Legal Proceedings in accordance to Article 3. Section 3.5. above, which will result in the increase of the part of the Flight Compensation belonging to Flywize, as specified in the Price List.
4. The Client confirms his (her) acknowledgement that parties to the Agreement may set-off their counter-claims.
5. If the Client fraudulently provides incorrect or incomplete data and Flywize incurs additional costs due to that, the Client shall reimburse such costs to Flywize.
6. As the registered office of Flywize is located in Slovak Republic, the amount of value added tax (VAT) (if applicable) to be paid is stipulated by the laws of Slovak Republic in accordance with the legally stipulated rate.
7. If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to Flywize, Flywize is entitled to deduct all additional costs incurred by Flywize. If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and (or) it is returned to Flywize, and the Client, after reminders and reasonable endeavors from Flywize to contact the Client by means provided by the Client to Flywize, does not amend or provide information needed to pay the agreed part of the Flight Compensation, Flywize is entitled to keep the part of the Flight Compensation that otherwise should have been paid to the Client. To avoid any doubts, reminders and reasonable endeavors from Flywize shall mean sending a written warning to the Client's email provided to Flywize and sending a subsequent written warning (second in order) to the Client's email provided to Flywize (Subsequent Warning). If the Client fails to provide correct and/or sufficient information required for the payment of the agreed portion of the Flight Compensation within thirty (30) days from the delivery of the Subsequent Warning by Flywize, Flywize is entitled to retain the portion of the Flight Compensation that would otherwise be paid to the Client. The Subsequent Warning is considered delivered on the day following the day of sending the Subsequent Warning to the Client's email provided to Flywize.
8. For the accounts in the Single Euro Payments Area (SEPA), all payments will be sent to the account via bank transfer. When making an international transfer to the Client, all bank fees are deducted from the Client‘s part of the Flight Compensation.
9. To save banking costs, in case of shared booking, Flywize shall transfer all payments to a single account and the Client permits Flywize to do so.
10. Flywize shall not be liable for any checks, prepaid debit cards, credit cards and similar means which are lost by the Client as well as for any effect of the Client giving wrong bank account information.
11. If the Client requests so in writing, Flywize shall provide an electronic invoice via email for any services delivered and fees charged by Flywize.
12. Flywize shall not be liable for any failure to pay the agreed Flight Compensation due to circumstances which are beyond its reasonable control, including, but not limited to strike, lock-out, labour dispute, act of God, war, riot, global pandemic, compliance with a law or governmental order, rule, regulation, etc.
13. Flight Compensation and any other payments will be made by Flywize only to the Client with the right to claim Flight Compensation. Flywize shall not pay Flight Compensation and (or) any other payments to intermediaries, agencies, representatives and (or) other third parties which, together with the request for payment of the Flight Compensation do not provide any specific written proof clearly and unambiguously confirming the authority to accept payments on behalf of the Client. In case of any doubt regarding the right to receive payments, Flywize has the right to request additional proof confirming the right to accept payments on behalf of the Client and (or) unilaterally refuse to pay the Flight Compensation directly to such person.

Cooperation by the client

1. The Client undertakes to provide Flywize with all data and/or information that is required for the collection of the Flight Compensation from the operating air carrier without undue delay. Such date and / or information provided by the Client shall be valid, true, relevant and up-to-date on the date they are given to Flywize. The Client is obliged to immediately inform Flywize of any matters of which he (she) is aware and which may affect the Assignment. The Client acknowledges that in case of delay in providing necessary data and / or information, or in case of providing incomplete or false information about the Claim, or any other relevant facts, Flywize is not responsible for the delayed or defective/wrong provision of Assignment.
2. The Client shall keep Flywize indemnified for any claims which arose due to incorrect information provided by the Client and/or lack of cooperation or improper cooperation by the Client, Article 4. Section 4.7. above applies accordingly.
3. The Client shall with or without a specific request provide Flywize with all the data and documents that are required for processing the Claim, e.g. copies of identity documents, boarding pass, delay notification, correspondence with the operating air carrier.
4. If the Client receives any payment or any other type of Flight Compensation, e.g. flight voucher, from the operating air carrier after engaging Flywize´s services, the Client is obligated to inform Flywize immediately. In such case, the Client shall be obliged to pay Flywize the Service Fee, indicated in Section 4.2 or 4.3 above, in 7 (seven) working days from the day any flight compensation is received from the operating air carrier to the bank account provided in the contact column of Flywize´s website or any other bank account provided by Flywize in a written form. In the event that the Service Fee is not paid within the deadline specified in this Section 5.4 above, Flywize´s claim for the Service Fee becomes due, and interest on the delay in the statutory amount pursuant to Section 517 Subsection 2 of Act No. 40/1964 Coll., Slovak Civil Code, shall be added to the Service Fee, even without prior notice from Flywize.
5. If the Client provides incorrect or incomplete data or if the Client withheld from Flywize that the Client has already received the Flight Compensation from the flight operating carrier for the respective Claim and Flywize is not able to collect the Flight Compensation through the Legal Proceedings, Flywize reserves the right to assert its claim against the Client for the resulting damage.

Complaints

1. If Assignment is not provided by Flywize in accordance with T&C, law or special regulation or if it does not have the characteristics which the Client in view of the offer and the customs can expect, the Client is obliged to notify Flywize without delay.
2. Flywize is obliged to carry out the following within a reasonable period of time (not longer than 30 days) remedy by bringing Assignment into conformity with T&C, law or special regulation or with the Client's reasonable expectation if it is possible in the circumstances or if it will not cause Flywize unreasonable costs taking into account the breach of T&C and the value of the Claim concerned.
3. A time limit pursuant to Section 6.2. of this Article shall not be necessary if Flywize notifies the Client that it will not remedy the situation or if the remedy cannot be delayed in view of the particular interest of the Client.
4. The Client shall have the right to make a complaint of Assignment within one year from termination of the Agreement.
5. The Client is entitled to be informed of his (her) rights under generally applicable law.

Termination and withdrawal

1. The Agreement is terminated immediately:
   • When Flywize considers that the Claim may not be successful after conducting an in-depth review of the Claim and the Client is informed regarding such decision.
   • In case of incorrect data/information and fraudulent conduct by the Client upon decision by Flywize.
   • If within 14 (fourteen) days since the conclusion of the Agreement, the Client, without stating any reasons, submits a withdrawal notice by post or email.
2. In any case, in the case of termination of the Agreement by the Client after contractual work has already been performed or after Flywize and/or legal representatives have commenced Legal Proceedings, Flywize is entitled to charge the Client administration costs as well as other costs incurred, court fees, costs of services, bailiff's costs, extrajudicial costs, authorised representative's fees, additional fees and other costs incurred. The Client shall pay the amounts indicated in this Section within 7 (seven) working days after receipt of Flywize's invoice.
3. If the Client is a consumer pursuant to EU-consumer regulations, i.e. acts outside the scope of business, it has the statutory right of withdrawal from the Agreement at the same time returning full ownership of rights in relation to his (hers) Assignment. The Client is entitled to terminate the Agreement with a written notice served to Flywize 14 (fourteen) days since the conclusion of the Agreement. In case the Agreement is terminated by the Client, Flywize is entitled to reimbursement of the costs.
4. The Client is no entitled to withdraw from the Agreement under point 7.3 above if Flywize has initiated the Compensation recovery process, i.e. the Claim has been submitted to the operating air carrier. By entering into the Agreement, the Client declares that they consent to Flywize commencing the provision of services in accordance with Act No. 102/2014 Coll., the Consumer Protection Act concerning the sale of goods or the provision of services based on a contract concluded at a distance or a contract concluded outside the premises of the seller, i.e. the commencement of the Compensation recovery process, and simultaneously declares that they have been properly informed that by expressing this consent, they forfeir the right to withdraw from the Agreement after the complete provision of services in the event that the complete provision of services has occurred. The complete provision of services is considered the submission of the Claim to the operating air carrier.

Final provisions

1. Flywize is authorized to alter T&C and set forth additional conditions at any time and without notice, however, shall put efforts for the Client to be updated with any such alterations. If any such alterations are negative from the Client's perspective, the Client shall be given sufficient time to withdraw from T&C before their applicability.
2. T&C, the Agreement and/or any other document concluded in relation to the T&C and the Agreement, including issues of their formation and validity, are governed by the laws of Slovak Republic, except if otherwise agreed in the specific document. The Client (consumer) is also entitled to claim protection under mandatory provisions provided by the laws of the country where the Client (consumer) resides.
3. Flywize will use the Client's and, if applicable, its employees' personal data exclusively for enforcing the Claim. Any and all information regarding the extent and form of data collection, storage and usage of personal data can be found in Flywize's privacy policy.
4. In the case the Client is a legal entity, it warrants and represents that the personal data provided by such to Flywize has been collected and is to be provided to Flywize at all times in accordance with the Privacy and Data Protection Requirements.
5. Any dispute, controversy or claim, arising out of or relating to the T&C, its breach, termination or validity shall be finally settled in the respective court of the Slovak Republic shall have complete jurisdiction over all disputes arising between the Client and Flywize, unless mandatory provisions of applicable laws specify otherwise.
6. According to EU legislation, all consumers residing in EU countries are, prior to filing any legal action with a court, pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended, entitled to commence the out-of-court settlement of their dispute with Flywize, provided that any such dispute between an EU consumer and Flywize has not been successfully settled directly. The institution in charge of out-of-court settlements for the EU consumer disputes with Flywize is the Slovak Trade Inspection Authority (soi.sk). More information on out-of-court settlements of consumer disputes may be found here (https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi).
7. If any provision of T&C is held to be illegal, invalid or unenforceable by a court or arbitral tribunal, the other provisions of T&C will remain in full force and effect. Any provision of T&C held to be illegal, invalid or unenforceable only in part, or to a certain degree, will remain in full force and effect to the extent that it is not held illegal, invalid or unenforceable. Flywize will amend T&C by replacing such illegal, invalid or unenforceable provisions with legal, valid and enforceable provisions that would produce the result as close as possible to the intentions of Flywize and the Client. Flywize will put all its efforts into ensuring the implementation of all the provisions hereof.
8. In case of discrepancies between the English version of T&C and any other language, the Slovak text shall prevail.

Last updated February 25th, 2024.