Article 1: Definitions In these terms and conditions (hereinafter referred to as “Terms”), the terms defined below have the following meaning:

1.1 “Agreement”: an agreement between the Customer and PlaneCashBack entered into after acceptance by the Customer of the Terms. In the case of the provision of the Legal Assistance Service, the agreement shall be deemed valid after the customer has confirmed receipt and acceptance of the Assignment Form or Claim Agreement sent and confirmed via the WhatsApp platform, Email, SMS or Messenger, in addition to acceptance of these Terms.

1.2 “PlaneCashBack”: as legal representative of WEBSOLL E-COMMERCE SRL, a company established and operating in accordance with Romanian law, registered at the Trade Register Office of the Mures Court under no. J26/1939/2017, with fiscal code RO 38432804 and registered office in Targu Mures,  – hereinafter referred to as “PlaneCashBack”.

1.3 “PlaneCashBack”: a free online tool, available on the PlaneCashBack website, which allows the customer’s email to be linked to PlaneCashBack, to enable PlaneCashBack to identify flight bookings and any claims under the Air Passenger Rights Regulation in that email.

1.4 “Air Passenger Rights Regulation” means any law, regulation, directive or similar, whether issued at state, EU, federal, national or regional level, that establishes rules for monetary compensation, indemnification or reimbursement of passengers in the event of overbooking, delay or cancellation of flights.

1.5 “Assignment Form”: the document by which the customer, in accordance with the terms and conditions stipulated therein, transfers ownership of the application to PlaneCashBack.

1.6 “Claim Agreement”: a document provided by PlaneCashBack to the Customer authorising PlaneCashBack or one of its affiliates or partners to act on behalf of the Customer. The document may be in various forms, including but not limited to a power of attorney or customer support agreement.

1.7. “Claim” means any claim for monetary compensation, damages or reimbursement against an airline under the Air Passenger Rights Regulation.

1.8 “Customer(s)”: the person(s) who has (have) accepted these Terms.

1.9 “Eligibility Service”: the provision by PlaneCashBack of its last minute eligibility determination service via specialised software. The eligibility service is performed individually, from one request to another, in the PlaneCashBack web form or for all flights found, if the customer is logged in to PlaneCashBack. The eligibility service will inform the client of the likelihood of having an eligible claim. An eligible claim will have a high probability of being paid and PlaneCashBack will offer its legal support service for such claims if requested by the customer. Ineligible claims will have a low probability of being paid and PlaneCashBack will not provide legal assistance for such claims. Currently, the Eligibility Service is only available for EC 261 applications.

1.10 “Compensation” means the total amount of money paid by an airline in respect of a claim, as compensation, settlement, goodwill gesture or otherwise, transferred to the Customer or to PlaneCashBack after the Customer has accepted the Terms.

1.11 “Information Service”: is the provision of flight information by PlaneCashBack, including airline information, airport information, other travel-related information, information about air passenger rights and consumer protection laws. The information will be relevant to the customer’s travel, but will also have a more generic context, such as airport or airline classification or news about changes to air passenger rights. Information will be provided via electronic communications, including email, custom electronic bulletin boards, websites controlled by PlaneCashBack or mobile applications.

1.12 “Justice as a Service”: is PlaneCashBack’s pursuit of a claim, including, if necessary, through litigation.

1.13 “Litigation”: initiated only at the client’s request and not by Websoll E-Commerce SRL, but by specialized lawyers registered in the Register of Lawyers, which can be checked here www.unbr.ro

1.14 “Fast track legal action”: this is a procedure for airlines which usually do not pay compensation unless legal action is taken. If PlaneCashBack provides a legal assistance service by offering a fast-track legal avenue, PlaneCashBack will charge both the service fee and the litigation fee due to the increased risk and cost to PlaneCashBack.

1.15 “Member(s)”: the person(s) who purchased PlaneCashBack+.

1.16 “Price List”: the schedule attached to these Terms, which specifies the currencies accepted, payment methods and all fees charged by PlaneCashBack.

1.17 “Regulation 261/04”: 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.

Article 2: Agreement

2.1 Once the Customer has accepted these Terms, PlaneCashBack agrees to provide the Service and the Customer agrees to receive the Eligibility Service and the Information Service.

2.2 Once the Customer accepts these Terms and acknowledges receipt and accepts these forms sent via WhatsApp platform, Email, SMS or Messenger of either the Assignment Form or the Claim Agreement, the Customer agrees to receive the Legal Assistance Service and PlaneCashBack agrees to provide this service unless PlaneCashBack informs the Customer without undue delay that PlaneCashBack is unable to provide assistance for the claim.

2.3 By entering into an agreement with PlaneCashBack, the customer warrants that he/she has the authority and legal capacity to enter into the agreement on his/her own behalf and, if applicable, on behalf of the persons with whom he/she has travelled. By accepting the Assignment Form or a Compensation Claim Agreementvia WhatsApp platform, E-mail, SMS or Messenger the client warrants that he/she is authorized and has the legal capacity to sign the Assignment Form or Compensation Claim Agreement on his/her own behalf and, if applicable, on behalf of the minors with whom he/she has traveled.

2.4 The Customer acknowledges that PlaneCashBack is only intended to compensate flights. The customer agrees that PlaneCashBack will not accept travel vouchers and/or other services as compensation, and that such an offer from the airlines will be considered a refusal of payment, unless PlaneCashBack determines that the likelihood of a more favorable outcome for the customer is low and that, in these circumstances, the best choice would be to accept such an offer.

2.5. The customer guarantees that the compensation has not been transferred to third parties and that there is or will be no legal dispute between the customer and the airline on the same subject.

2.6 After acceptance of the Assignment Form, the customer may not transfer the claim to any other party as legal title to the claim has already been assigned to PlaneCashBack. Any existing commitments or transfers, if any, must be cancelled prior to acceptance of the Assignment Form or the Claim Agreement. For the avoidance of doubt, where the customer has accepted/signed a Claim Agreement, the customer may revoke the authority granted in the Claim Agreement by written notice to PlaneCashBack.

2.7 If the customer receives direct payments or any other compensation from the respective airline after the conclusion of the contract, the customer is obliged to inform PlaneCashBack of this without delay. These payments are considered compensation and entitle PlaneCashBack to claim the service fee and litigation fee if PlaneCashBack has filed a lawsuit before the customer has received payment from the airline.

2.8 Upon acceptance of the Assignment Form or a Claim Agreement, the customer must cease negotiations with the airline concerned and direct any contact from the airline to PlaneCashBack to ensure that PlaneCashBack obtains the best possible outcome.

Article 3: Description of the legal assistance service

3.1 PlaneCashBack collects the customer’s claim for compensation from the airline that operated the flight on the basis of Regulation 261/2004 or any other air passenger rights regulation in force applicable to the customer’s specific air travel.

3.2 Flight data and information may be transmitted to PlaneCashBack via the website, WhatsApp, Messenger, mobile apps, email, other electronic solutions or via software supported by PlaneCashBack or by telephone.

3.3 In order to successfully pursue the claim, PlaneCashBack needs the Assignment Form or Claim Agreement accepted/signed by the customer, which the customer can send to PlaneCashBack via web form, mobile app, WhatsApp, Messenger, email or postal service. Upon receipt of an accepted/signed assignment form or claim agreement from the customer, PlaneCashBack prepares a claim for payment and sends it to the airline that operated the flight without undue delay and handles all subsequent correspondence. For this part of the Legal Assistance Service, if compensation is paid, PlaneCashBack will charge a service fee (see Price List).

3.4 If the airline that operated the flight fails to pay compensation within a reasonable time after being notified by PlaneCashBack and provided the claim has been confirmed with adequate certainty, PlaneCashBack may initiate legal action to pursue the claim. If legal action is initiated and compensation is paid, PlaneCashBack charges a litigation fee in addition to the service fee to cover the additional costs of litigation (see Price List).

3.5 Where a contracted legal representative is used for litigation, the customer shall allow PlaneCashBack to grant the contracted legal representative access to all data communicated to PlaneCashBack and shall allow the legal representative to transfer to PlaneCashBack information about the progress of the case. If the competent court requires a certificate of authentication, a power of attorney, an affidavit of authenticity, an assignment form or other separate additional documents, the client agrees to sign these additional documents. If the Customer has already accepted/signed an Assignment Form and signs a Certificate of Authentication, Power of Attorney, Customer Service Agreement or similar instrument, the Customer and PlaneCashBack agree that such claim is automatically transferred back to the Customer immediately before the Customer signs such Certificate of Authentication, Power of Attorney, Customer Service Agreement or similar instrument.

3.6 If the contracted legal representative concludes that there are insufficient prospects of success, the client will be informed of this and neither PlaneCashBack nor the contracted legal representative will take any further action.

3.7 If PlaneCashBack or the contracted legal representative initiates a lawsuit to pursue a claim, PlaneCashBack will cover all costs incurred if the lawsuit is lost. If the lawsuit is won or if an agreement is reached between the airline and PlaneCashBack, PlaneCashBack will cover all costs incurred that are not covered by the airline.

Article 3(7) applies only if Websoll E-Commerce Ltd. assigns the claim to the passenger (customer). The terms and conditions are completed with the legislation in force in Romania.

Websoll E-Commerce Srl cannot sue the air carrier directly on behalf of the passenger, in accordance with current legislation. As a limited liability company, we cannot act as a representative, in accordance with the provisions of Law No 51/1995 on the organisation and practice of the legal profession.

Moreover, according to the law, legal advice is an area reserved to lawyers, by the forms of practice of the profession, and a lawsuit would involve legal advice and representation. The company may act in its own name if it assigns the passenger’s claim, which then becomes part of the company’s assets.

The company cannot claim in court a right in the assets of another person, except in certain exceptional circumstances which do not apply in the present situation. The legal relationship between Websoll E-Commerce Srl and the passenger (customer) is about amicable representation before the air carrier. Out of respect for its customers, if the airline refuses to compensate the passenger, Websoll E-Commerce Srl offers the customer several alternatives, such as: 1. Assignment of the right of claim in exchange for a sum of money; 2. Referral to lawyers specialising in such situations, registered in the Register of Lawyers.

Article 3.8: The Customer acknowledges that it is the sole decision of PlaneCashBack to accept any settlement offer since the Customer has transferred the claim to PlaneCashBack. Where PlaneCashBack is acting on behalf of the customer on the basis of a claim agreement, the customer authorises PlaneCashBack to accept or reject settlement offers based on PlaneCashBack’s experience with the airline and the advice of external legal representatives.

Article 4: Fees and payments

4.1 PlaneCashBack offers the Eligibility Service, PlaneCashBack Connect and the Information Service free of charge.

4.2 PlaneCashBack offers the service of free legal assistance, unless PlaneCashBack succeeds in collecting compensation. If the action is successful, PlaneCashBack will transfer the agreed part of the compensation to the customer, subject to the applicable fees as per the price list.

4.3. Payment of the agreed part of the compensation to the customer will be made in accordance with the options in the price list.

4.4 If the Customer has provided incorrect or insufficient information necessary for payment of the compensation and the payment is returned to PlaneCashBack, and the Customer, after several notices and reasonable efforts by PlaneCashBack to contact the Customer by means other than the email provided by the Customer to PlaneCashBack, fails to respond to correct or provide the information necessary for payment of the agreed portion of the compensation, PlaneCashBack shall be entitled to retain that portion of the compensation that would otherwise have been transferred to the Customer.

4.5 Once PlaneCashBack has paid the agreed compensation in accordance with the instructions and method selection provided by the customer, PlaneCashBack is not liable for:

1. i) cheques, prepaid debit cards, credit cards and other losses in transit to the customer;
2. ii) any effect of the customer providing incorrect bank account, incorrect address or similar information, including, but not limited to, compensation paid to an incorrect recipient. Where compensation has been paid to a recipient incorrectly through the fault of the customer, PlaneCashBack will not be obliged to actively recover it.

4.6 Interest may not be charged for the period between the receipt and withdrawal of payments. PlaneCashBack reserves the right to retain any interest recovered from the airline.

4.7 PlaneCashBack shall not be liable for any compensation, damages or the like in the event that PlaneCashBack is prevented from transferring payment to the Customer due to an event beyond its reasonable control, including, but not limited to, strike, employer’s strike, natural disaster, war, riot, civil disturbance, wilful sabotage, compliance with any law or governmental order, regulation, provision or instruction, accident, breakdown of plant or machinery, fire, flood and storm.

5: Protection of personal data

5.1 PlaneCashBack will primarily use the personal data provided by the Customer for the purpose of providing the Eligibility Service, the Information Service in accordance with the Agreement. PlaneCashBack may also collect personal data for other purposes such as statistics, administration and communication, IT administration and security, physical protection, authentication and authorization systems, support systems, internal project and team coordination and organizational activities. All personal data is collected in accordance with the General Data Protection Regulation, Regulation (EU) 2016/679 (see Privacy Statement).

5.2 The Customer provides PlaneCashBack with personal data in accordance with the General Data Protection Regulation or other current data protection laws, with explicit permission to process personal data and use it in the context of the Contract. PlaneCashBack will only transfer personal data to third parties under the conditions listed below:

1. i) where the customer has given his consent;
2. (ii) where it is done for a purpose directly related to the original purpose for which the personal data were collected;

iii) if necessary for the preparation, negotiation and execution of the agreement with the client;

1. (iv) if required by a legal or administrative obligation or by a court order;
2. v) where necessary to establish or protect legal claims or to defend against legal action;
3. (vi) where it serves to prevent misuse or other unlawful activities, such as deliberate attacks, to ensure data protection.

Article 6: Data and information from the client

6.1 Upon PlaneCashBack’s request, the Customer shall provide PlaneCashBack with any data or information necessary to execute the Agreement. The Customer warrants that the data and information provided is accurate, complete and true (see Privacy Statement).

6.2 The Customer agrees to fully indemnify PlaneCashBack in all respects for all third party claims including, but not limited to, incorrect communications by the Customer, provision of incorrect data/information and fraudulent conduct.

6.3 In case of incorrect data/information and fraudulent behaviour PlaneCashBack reserves the right to terminate the contract with immediate effect. If the contract is terminated in accordance with this paragraph, the customer shall not be entitled to any compensation.

Article 7: Right of withdrawal

7.1 If you qualify as a consumer under EU consumer regulations, i.e. you are a natural person undertaking a legal transaction for a purpose which is neither commercial nor self-employed, you have a statutory right of withdrawal.

7.2 You may withdraw your acceptance of our agreement within 14 days of its conclusion (e.g. by letter, e-mail) without having to explain your reasons. To exercise your right of withdrawal, you must communicate it within the 14-day period mentioned above and clearly state that you wish to withdraw from the contract. Due to the nature of the service provided, you cannot withdraw from our Contract if we have informed you that the airline in question has accepted your claim, as we have in this case provided the service you requested, or if you have flown on any flight covered by the PlaneCashBack+ Subscription. Returns can be sent to:

or by e-mail: contact@PlaneCashBack.com

Article 8: Conditions and terms for the payment of compensation

8.1 Within a maximum of 30 days from the time of receipt of the compensation due to the Represented Client in relation to the Flight, we will notify the Represented Client to provide us with the bank details for the transfer.

8.2. The period referred to in paragraph. 1 above shall commence when the undersigned, PlaneCashBack, knows that the amount received from the airline is the flight compensation due to the Client represented. Therefore, if at the time of making the bank transfer the airline does not mention the payment details, the undersigned PlaneCashBack will contact the airline for clarification within a maximum of 5 days of receipt.

8.3 Within a maximum of 30 days from the time the Represented Customer has provided the undersigned with complete and correct bank details (Name, IBAN etc.), Websoll E-Commerce SRL will make a bank transfer to the Represented Customer including the compensation derived from the Flight Request, retaining the Price. The represented client cannot provide the bank details of another person, as the undersigned, in accordance with anti-money laundering legislation, will not be able to make this payment. The undersigned will notify the represented Client within 30 days of submitting incorrect bank details (incomplete/incorrect IBAN/etc.).

8.4 The above payment shall be made in the currency in which the undersigned received the compensation from the airline. Therefore, if the undersigned has received the compensation in EUR, he will make the payment to the passenger in the same currency. If the passenger declares that he/she does not have a bank account in the currency in question, the undersigned will make the bank transfer to the client represented in the currency indicated by him/her, at the N.R.B. exchange rate established on the day in question (or on the previous day, for payments made before the N.R.B. communicates the exchange rate).

8.5 If Plane CashBack does not receive correct and complete bank details from the Represented Customer within 3 months of the notification sent to the passenger of the request to submit bank details for transfer (the notification referred to in clause 8.1), Plane CashBack shall have no liability for the failure of the Represented Customer to comply with the obligations referred to in clause 8.1. 8.1. above and/or late submission of data and the full amount of compensation (compensation earned) will be retained by Plane CashBack at the end of the 3 month period.

8.6 For clarification and to avoid any confusion, it is noted that in accordance with art. 8.1 above, Plane CashBack will request the bank details of the Represented Client in order to make the bank transfer of the compensation obtained on his behalf. The customer understands and agrees that Plane CashBack will withhold all compensation (compensation obtained) if he/she does not submit to Plane CashBack his/her correct and complete bank details within 3 months of receipt of the respective notification (claim). Thus, the object of the representation contract will be fulfilled and it will cease.

Article 9: Final provisions

9.1 PlaneCashBack is authorised to amend these Terms and Price List and to set additional conditions at any time and without notice. However, changes that have a negative effect on the customer will not apply to the customer unless the customer accepts these new changes.

9.2 The laws of Germany shall apply to these Terms, the Assignment Form and the Agreement between PlaneCashBack and the Customer. However, the customer always has the right to claim the protection due in accordance with the legal provisions of the country of residence.

9.3 If any provision of these Terms is or becomes void, illegal or unenforceable, this shall in no way affect the validity of the remaining provisions.

9.4 The rights and obligations relating in whole or in part to any claim submitted may be transferred without restriction by PlaneCashBack to any entity within the PlaneCashBack group of companies and by PlaneCashBack to third parties.