Terms and conditions relating to Myflightrefund.ca's assistance

These Terms and Conditions constitutes the legal obligations between the passenger (the Client) who has experienced a flight disruption and Myflightrefund.ca (Myflightrefund). The Client accepts these Terms and Conditions when he/she uploads a case on the website www.myflightrefund.ca. Last updated on 25 September 2023.

General information

Myflightrefund.ca
/SYNCON INTERNATIONAL ApS
7-2 King Street West
Unit #142
Hamilton, ON L8P 4S0

Canada E-mail: info@myflightrefund.ca
Phone number: Temporarily closed due to Covid-19

VAT: DK-32561950

1. 1. Myflightrefund's services

   1. a) Assessment of the feasibility of the Client's entitlement to reimbursement.
   2. b) Calculation of the potential size of the claim. If a case falls within both the Canadian Air Passenger Protection Regulations and EU Regulation 261/2004, Myflightrefund reserve the right to choose the most profitable solution for the Client.
   3. c) Submission of claim to the Airline.
   4. d) Pursuing the claim on behalf of the Client, where appropriate through the use of judicial channels.
   5. e) Negotiating settlements with the Airline.
   6. f) Recovery and payment of any compensation or damage amounts awarded to the Client.
   7. g) Keeping the Client informed on the developments in the case on a regular basis.

2. 2. The Client’s obligations

   The Client undertakes to do the following:

   1. a) Unsolicited and without undue delay providing Myflightrefund with all relevant facts of the case both when filing the case and during the process. E.g. if the Airline chooses to pay the compensation directly to the Client.
   2. b) Respond to requests from Myflightrefund truthfully and without undue delay.
   3. c) Refrain from contacting or entering into any direct dialogue with the Airline, and in case of being contacted by the Airline directly, to refer the Airline to Myflightrefund.
   4. d) If relevant, to assist in seeking coverage of costs, as defined under section 5 below, through the Client’s Insurance or other channels.
   5. e) If applicable, to share the final compensation sum with any fellow passengers.

3. 3. Myflightrefund's rights

   Myflightrefund reserves the right at any time in the procedure:

   1. a) To obtain information about the case from outside sources as well as to disclose the Client’s contact and flight information to the Airline or any third party described in the Data Protection Policy.
   2. b) To undertake any legal actions that may contribute to the payment of compensation or damages.
   3. c) Without notice, to cease all further processing, e.g. if new information on the case in Myflightrefund’s opinion changes the likelihood of bringing any successful claims, the law has changed, the Airline's ability to pay is impaired or the case has fallen under the statute of limitations, etc.
   4. d) On behalf of the Client, to make any and all settlements, compositions and such to ensure the Client’s claim in case of the Airlines default, impending default, suspension of payments or confirmed financial problems. The amounts agreed upon in such settlements and agreements replace the Client’s original claim according to the Air Passenger Protection Regulations. Myflightrefund's claim for case costs, according to section 5, will only be calculated on the basis of the actual amount to be paid by the airline.
   5. e) It is our decision whether a case should go to court. This will depend on a number of factors, including, among other things, an assessment of the possibility of winning the lawsuit, the airline's ability to pay, the expected costs of prosecution, etc. We bear all costs for a possible lawsuit, both if it is won or lost. On the other hand, we do not pay any legal costs or reminder fees awarded by the court, as they are used to cover the lawyer's fee.
   6. f) Myflightrefund, its associated companies, and collaborators have the right to contact the Client by telephone, letter, or electronic media for the purpose of marketing products and services as well as providing information on offers, newsletters, events, and contests. At any time, the Client can decline to be contacted by sending an e-mail to: info@myflightrefund.ca.

4. 4. The Client's rights

   The Client should generally leave it to Myflightrefund to recover the claim from the Airline. However, the Client always has the following options:

   1. a) The right to, at any time, terminate the cooperation with Myflightrefund by written notice, and by paying the costs pursuant to paragraph 5g).
   2. b) In case, the Client on his/her own reach a settlement with the Airline without Myflightrefund’s involvement or knowledge about, the Client will be obliged to pay the costs of the case pursuant to paragraph 5a), together with those costs there may have been due to court proceedings, to Myflightrefund cf. paragraph 5d) and 5g).

5. 5. Costs

   1. a) Case costs payable to Myflightrefund amounts to 25% plus VAT of the Client's total amount of compensation, i.e. 31.25% in total. Myflightrefund uses Danish VAT in its invoicing.
   2. b) Costs and interest are not calculated in the event that Myflightrefund decides to stop pursuing the Client’s case.
   3. c) In the course of collecting compensation or damages, additional costs may arise, for example legal fees, court fees, etc.. Such charges are laid out by Myflightrefund and are reimbursed by the other party if the case is won. If the case is lost, Myflightrefund will cover the costs.
   4. d) Case costs are deducted from the amount of compensation or damages collected and not charged to the Client before compensation has been paid out.
   5. e) The Client's compensation will be transferred from a bank account. Costs of any bank transfers or transaction fees are borne by the Client. Myflightrefund is not responsible for any distribution of compensation between the Client and fellow passengers.
   6. f) In certain cases, Myflightrefund is entitled to invoice the costs directly to the Client. It can happen in the following cases:
      1. If the claim is paid out directly to the Client.
      2. If the Client wishes to terminate the agreement with Myflightrefund, before the case has been closed, Myflightrefund is entitled to invoice case costs as calculated in accordance with paragraph 5g).
      3. If the Client wishes to enter into or refuse a settlement offer which is not according to Myflightrefund’s recommendation, Myflightrefund is entitled to invoice case costs as calculated in accordance with paragraph 5g).
      4. If the Client has deliberately withheld information about the case or has deliberately given false information to Myflightrefund, or if the Client after Myflightrefund's written request continuously fails to meet the obligations as stated in section 2, Myflightrefund is entitled to terminate the agreement with the Client with immediate notice and invoice costs in accordance with paragraph 5g).
      5. If the client has obtained compensation through cooperation with another company, despite the fact that he filed the case and accepted the terms and conditions of Myflightrefund, Myflightrefund is entitled to charge him case costs calculated in accordance with paragraph 5g).
   7. g) In case of special circumstances as described in section 5f) Myflightrefund have the right to charge the Client in the amount of 25 % of the expected compensation amount as well as documented costs such as legal fees and the costs of legal assistance based on government rates, plus VAT.
   8. h) In cases, where recovery of the Client's extra expenses, hereunder especially refund of air tickets, are the main purpose of the claim, Myflightrefund will charge a fee corresponding to 25% + VAT of the reimbursed amount, however no less than 25 euros + VAT.

6. 6. Termination and withdrawal

   1. These Terms and Conditions are applicable when the Client has filed a case on www.myflightrefund.ca and until one of the parties terminates the agreement. The Client has the right to withdraw from this agreement within 14 days after the agreement has been signed, without giving any reason. To exercise the right of withdrawal, the Client may use the model withdrawal form below.

      
      Model Withdrawal Form
      
      Complete and return this form only if you wish to withdraw from your agreement.
      
      To:
      Myflightrefund.ca
      7-2 King Street West
      Unit #142
      Hamilton, ON L8P 4S0
      Canada
      E-mail: info@myflightrefund.ca
      
      
      I hereby give notice that I withdraw from my contract for the provision of the following service: Ordered on:
      
      Name of consumer:
      
      Address of consumer:
      
      Date:
      
      
      
      Signature of consumer
      (only if this form is notified on paper)

7. 7. Privacy

   All information about the Client is treated with confidentiality in accordance with applicable EU legislation.

8. 8. Jurisdiction and applicable law

   Any dispute arising from these Terms and Conditions may be presented to the Canadian court system and be governed by Canadian law as well as international law applicable to these contractual terms.