Representation contract

WEBSOLL E-COMMERCE SRL 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, as Legal Representative – hereinafter referred to as “PLANE CASHBACK”.

Name and Surname, natural person, domiciled in Romania as the Representative – hereinafter referred to as the “Represented Client” The undersigned,

I, the Represented Client, declare that I have a claim against the air carrier as a result of the delay/cancellation of the Flight. Therefore, I hereby make this application (hereinafter referred to as the “Application”) and this power of attorney/representation agreement in favor of PLANE CASHBACK.
By this Contract, I, the undersigned, the Represented Client, holder of a claim acquired by operation of law as a result of the delay/cancellation of the Flight, hereby declare that I authorize PLANE CASHBACK:

  • to represent me before any authority and legal entities (for example, but not limited to, airline operators and transport operators); and I also mandate WEBSOLL E-COMMERCE SRL. on my behalf and/or on my behalf to carry out any proceedings (including but not limited to prior proceedings) to obtain (claim) my claim arising against any person under the law (for example, but not limited to: under E.C. Regulation 261/2004, U.S. DOT (Department of Transportation) Rights of Flight, Passenger Shy Regulation and the Montreal Convention of 1999) in connection with the Flight.

ART. 1 Data processing. I, the undersigned, the Represented Customer, hereby declare that I authorize Plane CashBack to require the air carrier or any person involved in these proceedings not to process my personal data in connection with the claim in accordance with applicable data protection laws, except as necessary for the purpose of obtaining compensation, under the conditions and for the period required by law.

ART. 2 Refusal of contact with the air carrier. I, the undersigned, the Represented Customer, hereby declare that from the Date of submission of the Claim on www.planecashback.com and confirmation by acceptance of this Agreement by signing the online Representation/Authorization Form, hereto and until the termination hereof, I will not initiate and/or accept any direct/indirect contact with the Air Carrier regarding the Flight, and will notify PLANE CASHBACK to this effect within 48 hours of attempting to contact the Air Carrier.

ART. 3 Exclusive representation. I, the undersigned, the Represented Customer, declare that I will not mandate any other person to obtain the compensation due under the FLIGHT Act before notifying PLANE CASHBACK of this. contact@planecashback.com www.planecashback.com

ART. 4 Owing the commission (Price) to PLANE CASHBACK if compensation is obtained on the Flight.

  1. I, the undersigned, the Represented Customer, declare that I understand that if subsequent to the Claim Submission Date on www.planecashback.com and confirming acceptance of this Agreement by signing the online Representation/Authorization Form, I obtain the compensation due under the Flight Act through PLANE CASHBACK or by any other method (for example, but not limited to: appointing another person to represent me, accepting the offer directly from the air carrier, contacting and settling directly with the air carrier), I will owe PLANE CASHBACK the full commission as set forth herein.
    In other words, I declare that I understand that, regardless of the manner in which I have been satisfied of the claim due in respect of the Flight, I will owe PLANE CASHBACK the commission due.
  1. I, the undersigned, the Represented Customer, declare that if I collect directly from the air carrier or from any party the amount of money in compensation in respect of the Flight, I will owe Plane CashBack the appropriate fee and I am obliged to notify PLANE CASHBACK of such collection within 30 days and to transfer the fee to PLANE CASHBACK within 30 days.
    I understand and agree that PLANE CASHBACK may take any legal action to recover the commission in accordance with the provisions of this agreement, as well as, where applicable, interest, penalties and attorneys’ fees.
  1. By way of example, but not limited to this example, in line with the above-mentioned provisions in para. 1) and para. 2), I, the undersigned, the Represented Customer, understand that if subsequent to the Date of submission of the claim on the website www.planecashback.com and confirmation of acceptance of this contract by signing the online representation/empowerment form, on the date of I receive the compensation due in respect of the Flight, either directly from the air carrier (e.g.RyanAir, AirBucharest), or by any other method, regardless of the mechanism by which this result has been reached, I shall owe PLANE CASHBACK the commission set in accordance with the Price grid in this Contract.

ART. 5 Right of representation and substitution. I, the undersigned, the Represented Client, declare that I grant to PLANE CASHBACK the complete right of substitution, among others but not limited thereto to:

  • legally represent the undersigned, the Represented Client, against third parties in relation to the Flight’s compensation;
  • to obtain any necessary information, as well as to initiate requests for information regarding any civil or administrative legal action and to initiate complaints to the respective courts or administrative bodies responsible for the implementation of the air passenger rights regulation, on behalf of the Customer;
  • initiate, direct and undertake any type of negotiation as well as legal measures – judicial and extrajudicial – to collect the claims of the Represented Client from the carrier;
  • requests the carrier not to process my personal data, except for that necessary to obtain compensation, under the conditions and for the period provided for by law;
  • collect and receive payments in connection with the Claim on behalf of the Client.

ART. 6 Fees and taxes retained by the air carrier. I, the Represented Customer, declare that I understand that certain air carriers may withhold certain taxes and/or duties (e.g., but not limited to: taxes, duties, processing fees, etc.) when crediting compensation due.

By way of example, but not limited to this example only, the undersigned, the Represented Client understands that any compensation processed by the air carrier WIZZ AIR through any of its affiliated companies, shall withhold from the amount of compensation a fixed fee in the amount of EUR 50, in accordance with the conditions set forth in their contract and in accordance with the provisions of Article 6:200 of the Hungarian Civil Code. Thus, I understand that PLANE CASHBACK will credit to the undersigned the amount actually collected from the air carrier, less the Price (commission) as specified below.

ART. 7 Contract Price (“Price”) I, the Represented Client, declare that I understand and accept the following price schedule of this Contract:

ART. 8 Conditions and terms regarding the payment of compensation. The undersigned, PLANE CASHBACK, acknowledges the following, and the undersigned, the Represented Client, declare that I understand and agree to the following:

  • No later than 60 days from the time of receipt of the compensation to the Represented Customer in respect of the Flight, we will notify the Represented Customer in order to send the bank details for the transfer.
  • The period referred to in paragraph. 1 above begins to run from the moment the undersigned, PLANE CASHBACK, is aware that the amount received from the air carrier is the compensation for the Flight due to the Represented Client.
    Thus, if the air carrier, when making the bank transfer, does not mention the supporting details of the payment, the undersigned PLANE CASHBACK will contact the air carrier within 5 days of the receipt of the payment for clarification.
  • No later than 30 days from the moment the Represented Client has sent to the undersigned the complete and correct bank details (Name, IBAN, etc.), PLANE CASHBACK will make a bank transfer to the Represented Client containing the compensation derived from the Flight Claim, with the Price withheld. The Represented Client may not transmit the bank details of another person as the undersigned, under 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.).
  • The above payment will be made in RON.
    Thus, if the undersigned has received the compensation in EUR, it will make a payment to the passenger in RON. 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 Represented Customer in the currency indicated by the latter, 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).
  • If PLANE CASHBACK does not receive from the Represented Customer the correct and complete bank details within 3 months of the notification sent to the passenger of the request to transmit the bank details for the transfer (the notification referred to in Art. 8.1), Plane CashBack shall have no liability for the failure of the Represented Customer to comply with the obligations referred to in Art. 8.1.
    above and/or late transmission of the data, and the amount of the entire compensation (compensation obtained) will be retained by PLANE CASHBACK at the end of the 3 month period.
  • For clarification and for the avoidance of any confusion, it is noted that, in accordance with Article 8.1 above, PLANE CASHBACK will request the Represented Client to provide the Represented Client with his/her bank details in order to be able to make the bank transfer of the compensation obtained on his/her behalf.
    The Client understands and agrees that PLANE CASHBACK will withhold the entire compensation (compensation obtained) if he does not submit to PLANE CASHBACK his correct and complete bank details within 3 months of receipt of the said notification (request). Thus, the object of the representation contract will be fulfilled and it will cease.

ART. 9 The Price shall not be paid to PLANE CASHBACK if the Represented Client does not receive the compensation.

I, the undersigned, the Represented Customer, declare that PLANE CASHBACK has notified me that in the event that it fails to obtain compensation from the undersigned (for example, but not limited to: because the Claim is not eligible; because the air carrier refuses to settle out of court, etc.), I will not owe the Price and any other amounts to PLANE CASHBACK.