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Article 1 – Subject of the Contract By proceeding with a request for assistance through RITAIR, the Client declares to have read, understood and accepted these General Terms and Conditions of OnAir S.r.l. (VAT no. 08219821215). These terms are made available prior to the conclusion of the contract and can be consulted at any time on the website www.ritair.ai. Article 2 – Mandate and Representation OnAir S.r.l. is authorised to represent the Client under a formal power of attorney, in order to obtain the compensation and/or damages provided for under EU Regulation 261/04 and the Montreal Convention in the event of non-performance by the airline. Article 3 – Powers of OnAir S.r.l. OnAir S.r.l., its delegates and trustees (Studio Legale Ingenito) are entitled, in specific cases, to act in the name and on behalf of the Client, taking all necessary legal measures (both judicial and extrajudicial) until the conclusion of the action. Article 4 – Client Authorisations The Client expressly authorises OnAir S.r.l. to: • Initiate, conduct and negotiate in the name and on behalf of the Client, and represent the Client before third parties. • Make use of specialist professionals to manage the claim as effectively as possible. Article 5 – Collection of Information OnAir S.r.l. is entitled to obtain all information necessary for the management of the claim from the competent body responsible for enforcing Regulation EC no. 261/04, EC no. 889/02 and the Montreal Convention, on behalf of the Client. Article 6 – Limitations of Service The scope of OnAir S.r.l.'s action is limited to obtaining the Monetary Compensation (where EU Regulation 261/04 applies) and does not include claims for damages, unless these are duly documentable. Article 7 – Authorisation to Accept and Collect Amounts The Client expressly authorises OnAir S.r.l. or its delegates to accept the amounts proposed by the airline. Prior to accepting any compensation offer, OnAir S.r.l. will inform the Client of the amount offered. Acceptance of the offer entails the waiver of any further claim for damages against the airline in relation to the same incident. Article 8 – Accuracy of Information The Client warrants that the information provided is correct, complete and truthful. Article 9 – Commissions and Costs • The management of the compensation claim is free of charge. A commission of 25% of the total amount will only be charged in the event of a successful outcome and payment of the compensation. • If the Client receives payment directly from the airline after having submitted the claim through OnAir S.r.l., the Client is required to report this and to pay the 25% commission. Article 10 – Communications from the Airline If the airline contacts the Client directly after the claim has been submitted, the Client must inform OnAir S.r.l. by e-mail at info@ritair.ai. Article 11 – Payment to the Client Should the claim be accepted, OnAir S.r.l. will pay the Client the amounts collected by virtue of the powers granted. Article 12 – Legal Action - Foreign Partners and Costs OnAir S.r.l. will cover all legal costs related to any judicial proceedings, including court fees, domiciliary lawyers' fees and any costs arising from an unfavourable outcome. This coverage does not apply if the Client decides to continue the proceedings despite advice to the contrary from the legal team. Referral of the claim to specialist legal partners outside Italian territory will take place exclusively where the airline has not provided a response within a reasonable timeframe, or has responded negatively despite there being, in the opinion of OnAir S.r.l., reasonable prospects of obtaining compensation. The Client will be informed in advance and may freely decide whether to proceed or not. • In the event of a successful outcome, or referral to specialist partners outside Italian territory, the commission due from the Client will be 35%. Article 13 – Exclusions The compensation/indemnity obtained does not include charges related to lawyers' fees and litigation costs, which belong solely to OnAir S.r.l. and its trustees. Article 14 – Unsuccessful Claim In the event of an unsuccessful claim, the Client will not bear any management costs. Claims may also be submitted on behalf of other passengers, but payment will be made exclusively to the bank account/PayPal account in the passenger's name. Should 12 months elapse from the last formal act carried out by OnAir S.r.l. towards the carrier without receiving any response, and in the absence of ongoing legal proceedings, OnAir S.r.l. will notify the Client of the closure of the case due to lack of response. The claim will be considered rejected as of the date of such notification. Article 15 – Claims Management The Client undertakes to send all necessary documentation at least 96 hours before the deadline provided for under the Montreal Convention (7 days for baggage damage and 21 days for non-delivery). Failure to comply with this deadline releases OnAir S.r.l. from all liability. Article 16 – Liability of OnAir S.r.l. OnAir S.r.l. does not guarantee responses from airlines. In the event of an unsuccessful claim, the Client will not incur any management costs. Article 17 – Claims on Behalf of Other Passengers Claims may be submitted on behalf of other passengers, but the power of attorney must be signed by the passenger concerned, and payment will only be made to the account in their name. Article 18 – Applicable Law and Jurisdiction The agreement between OnAir S.r.l. and the Client is governed by Italian law. The Client declares that the claim has not been entrusted to third parties and that there are no ongoing or imminent legal disputes between the Client and the airline on the same matter. For business clients and companies, the exclusively competent court is the Tribunal of Torre Annunziata, without prejudice to OnAir S.r.l.'s right to bring proceedings before any other court having jurisdiction by law. For consumer clients, pursuant to Article 66-bis of Legislative Decree no. 206 of 2005, the competent court is that of the place of residence or elected domicile of the consumer. Article 19 – Independent Actions by the Client Where OnAir S.r.l. has advanced costs to initiate legal action, the Client declares not to have already commenced other legal proceedings or engaged other professionals to handle the same claim. Should any of the above conditions arise, the Client will be held liable for any suspension or interruption of proceedings, and will be required to reimburse OnAir S.r.l. for costs advanced and any other damage resulting from such actions, as well as paying the relevant 35% commission. Article 20 – Consumer Right of Withdrawal Where the Client qualifies as a consumer pursuant to Article 3 of Legislative Decree no. 206 of 2005, they shall have the right to withdraw from this contract, without penalty and without stating a reason, within fourteen days from acceptance of these Terms and Conditions. The right of withdrawal may be exercised by sending a communication by e-mail to info@ritair.ai within the aforementioned period. Article 21 – Notification of Non-Agreement Only upon sending a written notification of non-agreement by e-mail will the Client be free to entrust the management of the case to third parties. OnAir S.r.l. accepts no liability arising from false declarations by the Client regarding the assignment of the claim to third parties. Article 22 – Personal Data Processing OnAir S.r.l. processes the personal data provided by the Client in compliance with EU Regulation 679/2016 (GDPR) and Legislative Decree 196/2003 as amended by Legislative Decree 101/2018. Data is processed solely for the management of the claim and to fulfil legal obligations. The Client may at any time exercise their rights of access, rectification, erasure, restriction and portability of data, and may lodge a complaint with the Italian Data Protection Authority (www.garanteprivacy.it). The full privacy policy is available at www.ritair.ai. Sensitive data is processed only to the extent strictly necessary to respond to airline requests.
I declare to have readed, understood and accepted the Contractual Conditions and
Privacy Policy