Terms and Conditions

The present Terms and Conditions is an agreement between a website visitor or a client and Avioza, individually the "Party" and collectively the "Parties" to this Agreement.

Avioza works closely with professionals that provide only high quality services in order to achieve the best possible result in collecting your money from the air companies. Depending on your case we choose the best approach that will suit your situation as well as a particular service provider to make the process of collecting your compensation or refund faster.

The agreement regulates the terms under which Avioza offers the information and services (including services provided by the partners) on its website. The services of Avioza are only offered in the case when the Client has accepted the present Terms and Conditions.

Important Notice: Our Payment Policy, Privacy Policy and Cookie Policy are integral parts of these Terms and Conditions.

For the purposes of these Terms and Conditions, the following terms shall have the meanings as defined below:

Application: A form filled by the Client on the website avioza.org, which contains Personal Data of the Client.

Case: The passenger's dispute for monetary Compensation that arose because of flight cancellation, delay or in other circumstances caused by the airline.

Client: The passenger, who enters into Agreement with Avioza.

Compensation: The amount of money that a passenger has the right to claim from an airline for a flight delay or cancellation.

Partner: An individual or a legal entity, who entered into the contractual relations with Avioza for the purpose of providing services, marketing or information campaign on Avioza service.

Services: Access to information, consulting services, including but not limited to provision of flight information, airline information, airport information, other travel related information, information about air passenger rights, consumer protection laws and other services provided by our Partners, such as intermediary financial services and other services that the Parties may agree on.

Service Fee: The amount of compensation agreed in accordance with the Payment Policy.

Website: avioza.org and our partners websites, where our iframe widget is available.

Website Visitor: Someone who views/goes to the Website.

• By accepting these Terms and Conditions, the Client agrees with all provisions in the Terms and Conditions as well as with provisions in the Privacy Policy, Cookie Policy and Payment Policy, that can be accessed at the Website.
• Along with contractual relations with Avioza, the Client may participate in marketing or bonus programs of Avioza. In this case, relevant contractual provisions of Avioza with third parties, Partners of such programs, become an integral part of the present Agreement. By participating in marketing or bonus programs, the Client gives Avioza the right to share their personal data with third parties – providers of such programs.
• By entering into the Agreement with Avioza, the Client declares that he is entitled to enter into this Agreement on his behalf or on behalf of the (fellow) claimant(s) indicated by him and has legal capacity to do so. In case of a warrant's breach by the Client, Avioza has a right to terminate the Agreement unilaterally with the Client notification.
• By accepting Terms and Conditions the Client hereby agrees to engage Avioza and its partners to provide the Client with the Services.
• The Client has the right to terminate the Contract within 7 (seven) days from the date of its conclusion unless Avioza sends relative documents to the airline within these 7 (seven) days.
• The Client warrants that at this point the Compensation is not being pursued by him personally or by any third party and no legal dispute is pending between the Client and the airline on the same matter. In case of warranty breach by the Client, he undertakes all the responsibilities, including obligation to pay court and legal fees related to their claim.
• After entering into the Agreement, the Client grants Avioza and its partners the right to recover Compensation for the Client's benefit, entrusts Avioza and its partners to receive Compensation on the balance or bank account of Avioza and undertakes an obligation not to pursue the claim on his own and start any litigation or ADR procedure, as well as assign it to any other party without the consent of Avioza.
• After the acceptance of the Terms and Conditions the Client shall be obliged to forward any correspondence records regarding the Case (if such exist) to Avioza and cease further negotiations with the concerned airline (if any) and direct any contact made by the airline to Avioza.
• If the Client receives any direct payments or Compensation/Voucher/Free ticket or any other types of remuneration from the airline or third parties regarding the Case after entering into the Agreement, the Client shall be obliged to inform Avioza without delay and transfer the agreed Service Fee to the bank account provided by Avioza.
• The Client is obliged to provide Avioza with full, truthful and accurate information necessary to pursue the Case over the term of the Agreement.
• The Agreement terminates, when:
• Compensation is successfully recovered, and transferred to the Client with a deduction of an established Service Fee.
• Avioza has established that it would be futile to continue to pursue the Case after conducting an in-depth review of the case and has advised the Client to stop further work.

• Avioza shall assist the Client in negotiations with the airline for the recovery of Compensation, according to the law applicable to the Client's particular air travel.
• Avioza shall update the Client on the main stages of dispute settlement.
• Avioza does not provide the Client with any copies of the correspondence with third parties.
• In case the Compensation is successfully collected the sum shall be transferred from the Balance to the Personal bank account with a deduction of an agreed Service Fee (the fee amount is agreed according to the Avioza Payment Policy or by Partner's program terms).
• The Client acknowledges that after filling the Application, they transfer the right of any decision making with respect to dispute resolution to Avioza.
• Avioza shall engage third parties to make a decision to whether or not initiate legal proceedings for the recovery of the Compensation. It is the sole decision of Avioza and engaged third parties to bring an action before the court. The Client will be informed of such a decision no later than 7 (seven) days before the commencement of proceedings.
• In the event of legal proceedings, a contracted legal representative will be used for legal action, the Client allows Avioza to grant the contracted legal representative access to all of the data communicated to Avioza and allows the legal representative to transfer information concerning the proceedings to Avioza. Where any other additional documents are required for the legal action, the Client undertakes to provide such additional documents.
• The Client is permitted to withdraw the instructions to initiate legal proceedings at any time. In this case, the Client will be obliged to reimburse any legal costs sustained by Avioza or its partners.

• To be eligible for compensation through Avioza services, the Client's flight disruption must fall under one of the applicable regulations, such as EC 261/2004, UK261, or similar air passenger rights regulations in other countries.
• The eligibility criteria generally include, but are not limited to:
• For EU regulation EC 261/2004: the flight must have departed from an EU airport, or arrived at an EU airport on an EU-registered airline.
• For UK regulation UK261: the flight must have departed from a UK airport, or arrived at a UK airport on a UK-registered airline.
• The flight disruption must have been within the airline's control and not caused by extraordinary circumstances as defined by applicable law and judicial precedents.
• The claim must be submitted within the applicable limitation period, typically between 1-6 years depending on the departure/arrival country.
• Avioza reserves the right to reject applications that do not meet eligibility criteria after an initial assessment of the case.
• The Client acknowledges that the final determination of eligibility for compensation is subject to the applicable laws, regulations, and the decision of relevant authorities or courts.

• Client shall pay Avioza a Service Fee only in case of successful collection of Flight Compensation.
• All funds collected from the Airline and third parties after the Agreement has been entered into that relate to the Client's case will be regarded as having been collected as a result of efforts and activities of Avioza and its partners.
• The Client acknowledges that touristic vouchers or offers of any other services may not be accepted as Compensation. Voucher offer or other alternatives is to be considered as the rejection for Compensation.
• The Client acknowledges that Avioza has a right to consider partial compensation payment as the rejection for Compensation. It is the sole decision of Avioza and its partners to accept or reject the partial compensation payment. Avioza makes the appropriate decision in accordance with careful examination of the all circumstances of the Case.
• In case when Avioza accepts partial compensation payment, the client is guaranteed to receive the appropriate amount of Compensation net of charges.
• In case the Agreement with Avioza is concluded via Partner or another corporate agreement, the fee structure, payout options, currency conversion and similar might be different depending on the specific level of services provided and individual terms agreed upon.

• Avioza shall not be held liable for any failure or delay in performing its obligations under the Agreement to the extent that such failure or delay is caused by circumstances beyond its reasonable control.
• Avioza does not guarantee success in obtaining Compensation from airlines, as the final decision depends on factors such as applicable laws, airline policies, and court decisions.
• The Client acknowledges that the compensation claim process may take several months or longer, depending on the airline's responsiveness and whether legal proceedings are required.
• Avioza's liability is limited to the amount of compensation recovered in connection with the Client's claim, and in no event shall exceed this amount.
• Avioza shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill.

• By accepting these Terms and Conditions, the Client agrees to receive communications from Avioza through various channels, including but not limited to email, SMS, phone calls, and digital messaging platforms.
• The Client is responsible for providing accurate contact information and keeping it updated throughout the claims process. Avioza shall not be held liable for communication failures due to incorrect contact information.
• The Client acknowledges that important case updates, including compensation status, additional document requests, and settlement offers, will be communicated via the email address provided during registration.
• In certain cases, Avioza may need to communicate with the Client urgently and may use multiple communication channels to reach the Client. The Client agrees to respond to such communications within a reasonable timeframe.
• The Client may opt out of marketing communications at any time, but essential communications related to their case will continue to be sent regardless of marketing preferences.

• All content on the Avioza website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of Avioza or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.
• The Client is granted a limited, non-exclusive, non-transferable license to access and use the Avioza website and services for personal, non-commercial purposes in accordance with these Terms and Conditions.
• The Client shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the Avioza website without the express written consent of Avioza.
• The Avioza name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Avioza or its affiliates. The Client shall not use such marks without the prior written permission of Avioza.

• The obtaining, processing and storage of personal data of the Clients by Avioza is covered by the General Data Protection Regulation 2016/679 (GDPR) and other applicable data protection laws.
• Avioza obtains, processes and stores the personal data of the Client in accordance with our Privacy Policy, Cookie Policy and Payment Policy.

• Avioza and the Client shall attempt to resolve any disputes arising from these Terms and Conditions through good faith negotiations.
• If a dispute cannot be resolved through negotiation, the parties may resort to mediation before pursuing legal action. The costs of mediation shall be shared equally between the parties.
• The Client agrees to notify Avioza in writing of any complaint or dispute within 30 days of the event giving rise to such complaint or dispute. Failure to provide such notice may result in the complaint or dispute being deemed waived.
• For Clients located in the European Union, alternative dispute resolution (ADR) mechanisms may be available through the European Commission's Online Dispute Resolution platform.
• Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to intellectual property rights, confidentiality obligations, or unauthorized use of the service.

• These Terms and Conditions shall be governed by and construed in accordance with the laws of Kosovo, without giving effect to any principles of conflicts of law.
• Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Kosovo.
• The Client's flight disruption claim itself may be subject to different governing laws depending on the flight route, airline, and applicable regulations. Avioza will pursue the claim under the most appropriate legal framework for the Client's specific case.
• If any provision of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such provision shall be modified, rewritten, or interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.
• The Client acknowledges that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

• Avioza is authorized to alter Terms & Conditions and set forth additional conditions at any time and without notice, except for changes that have a negative impact on the Client.
• Avioza specifies processing times of the application and complaint by default. The time limits for considering a claim by the airline, as well as by non-judicial and judicial authorities, are relative and do not depend on Avioza.

Contact Us

If you have any questions about these Terms and Conditions, please contact us at info@avioza.org