Terms and Conditions

Article 1: Definitions

In these terms and conditions (the “Terms”), the defined terms below shall have the following meaning

1.1 “Agreement”:

an agreement between a Client and MYAIRRIGHTS that is reached after the acceptance of these Terms by the Client. the Agreement shall be considered reached when the Client has signed the Assignment Form or an Authority Document in addition to accepting these Terms.

1.2 “MYAIRRIGHTS”:

MYAIRRIGHTS LLC, a limited liability company incorporated in EGYPT with its registered office at 622 Bavaria Tower , Ring Road , Maadi , Cairo , EGYPT (CR No. 140526, TAX No. 565-361-058) and for Members.

1.3 “MYAIRRIGHTS Exclusive Membership”:

If a Client has purchased MYAIRRIGHTS Exclusive Membership, MYAIRRIGHTS will waive its Service Fee and Legal Action Fee, if applicable, for MYAIRRIGHTS’s delivery of Air passenger rights Service for the Claims covered by the booking for which the Client purchased MYAIRRIGHTS Exclusive Membership.

1.4 “MYAIRRIGHTS Payment Processing Entity”:

the entity that will be processing i) the payment when a Client is purchasing an MYAIRRIGHTS Exclusive Membership, and ii) the payment of the agreed Flight Compensation to the Client, depending on the payment method selected by the Client, which will be either MYAIRRIGHTS 622 Bavaria Tower , Ring Road , Maadi , Cairo , EGYPT (CS No. 1926223, TAX No. 61625023-000) or MYAIRRIGHTS Partner.

1.5 ”Air Passenger Rights Regulation”:

any law, regulation, directive or similar, whether issued on state, federal, EU, national or regional level, on any country all over the world ( for example Egypt , Saudi Arabia ) that establishes rules on monetary compensation, damages or refund to passengers in the event of overbooked, delayed, cancelled or otherwise disrupted flights or luggage claims.

1.6 “Assignment Form”:

the document, whereby the Client, subject to the terms and conditions therein, assigns ownership of the Claim to MYAIRRIGHTS LLC.

1.7 “Authority Document”:

a document provided by MYAIRRIGHTS to the Client, which authorizes MYAIRRIGHTS or one of MYAIRRIGHTS’s affiliates or partners to act on behalf of the Client. The document may be in many shapes and forms, due to various jurisdictional requirements, including, but not limited to, a Power of Attorney or a Client Care Agreement.

1.8 “Claim”:

any claim against an airline for monetary compensation, damages or refund pursuant to Air Passenger Rights Regulation or goodwill compensation.

1.9 “Client(s)”:

person(s) that has accepted these Terms.

1.10 “Eligibility Service”:

An eligible Claim will have a high likelihood of getting paid and MYAIRRIGHTS will provide its Service for such Claims if requested by the Client. Claims that are not eligible will have a low likelihood of getting paid and MYAIRRIGHTS will not provide its Service for such Claims.

1.11 “Flight Compensation”:

total amount of money paid by an airline in relation to a Claim as compensation, settlement, a gesture of goodwill or otherwise, to the Client or MYAIRRIGHTS after the Client has accepted these Terms. For the avoidance of doubt, Flight Compensation do not include any payments or reimbursements of attorney’s fees, cost of legal advice, court fees, collection cost, interest or similar, which payments shall belong solely to MYAIRRIGHTS LLC.

1.12 “Information Service”:

is MYAIRRIGHTS’s provision of flight information, airline information, airport information, other travel related information, information about air passenger rights and consumer protection laws. The information will both be specifically relevant to the Client’s travels and be of more a generic context, the information will be delivered through electronic communication, including e-mail, personalized dashboard, MYAIRRIGHTS controlled websites or mobile application.

1.13 “Legal Action”:

filing a Claim with a court or a government body, such as a national enforcement body (NEB), or handing over a Claim to a contracted legal representative, such as an attorney or law firm.

1.14 “Legal Fast Track”:

is a procedure for airlines that usually do not pay Flight Compensation, unless Legal Action is taken. If MYAIRRIGHTS LLC provides It’s Service by provision of Legal Fast Track, MYAIRRIGHTS LLC will charge both its Service Fee and Legal Action fee due to the increased risk and cost for MYAIRRIGHTS LLC.

1.15 “Member(s)”:

person(s) that has purchased an MYAIRRIGHTS Exclusive Membership.

1.16 “Price List”:

appendix attached to this Terms specifying accepted currencies, methods of payment and all fees charged by MYAIRRIGHTS LLC.

1.17 “Regulation 261/04”:

Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights.

1.18 “ECAR 601”:

Egyptian Civil aviation regulation no. 601 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights.

1.19 “GACA”:

General authority of Civil aviation regulation for passenger protection at Saudi Arabia Kingdom. establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights and luggage disruptions.

Article 2: The Agreement

2.1After the Client has accepted these Terms, MYAIRRIGHTS LLC agrees to deliver and the Client agrees to receive Eligibility Service and Information Service.

2.2After the Client has accepted these Terms and signed either the Assignment Form or Authority Document, the Client agrees to receive Consultant Service and MYAIRRIGHTS agrees to deliver Consultant as a Service unless MYAIRRIGHTS notifies the Client without unreasonable delay that MYAIRRIGHTS cannot deliver Consultant as a Service for such Claim.

2.3By entering into an Agreement with MYAIRRIGHTS, the Client warrants that he/she is authorized and has the legal capacity to enter into the Agreement on his/her own behalf and, where applicable, on behalf of his/her fellow passengers. By signing the Assignment Form or an Authority Document, the Client warrants that he/she is authorized and has the legal capacity to sign the Assignment Form or an Authority Document on his/her own behalf and, where applicable, on behalf of his/her minor fellow passengers.

2.4The Client acknowledges that MYAIRRIGHTS only seeks Flight Compensation. The Client agrees that MYAIRRIGHTS will not accept travel vouchers and/or other services as Flight Compensation and that such offer from airlines will be considered as refusal of payment, unless MYAIRRIGHTS determines that the likelihood of a more favorable outcome for the Client is low and it under the circumstances would be the best choice to accept such offer

2.5The Client warrants that the Claim has not been assigned to third parties and no legal dispute is pending or expected between the Client and the airline in the same matter.

2.6After signing the Assignment Form, the Client may not assign the Claim to any other party as the legal title to the claim has been assigned to MYAIRRIGHTS LLC. Any existing engagements or assignments, if any, must be cancelled before signing the Assignment Form or an Authority Document. For the avoidance of doubt, in the event that the Client has signed an Authority Document, the Client can withdraw the authority given in the Authority Document by giving written notice to MYAIRRIGHTS LLC to be sent to support@myairrights.com.

2.7If the Client receives any direct payments or any other compensation from the airline concerned after entering into the Agreement, the Client shall be obliged to advise MYAIRRIGHTS LLC without delay. Such payments shall be considered Flight Compensation and entitle MYAIRRIGHTS LLC to its Service Fee and Legal Action Fee if Legal Action was taken by MYAIRRIGHTS LLC prior to the Client receiving payment from the airline concerned. For the avoidance of doubt, Flight Compensation do not include any payments or reimbursements of attorney’s fees, cost of legal advice, court fees, collection cost, interest or similar, which payments shall belong solely to MYAIRRIGHTS LLC.

2.8After signing the Assignment Form or an Authority Document, the Client shall be obliged to cease negotiations with the airline concerned and direct any contact made by the airline to MYAIRRIGHTS in order to ensure that MYAIRRIGHTS achieves the best result possible.

Article 3: Claim Handling Procedure

3.1MYAIRRIGHTS asserts the Client’s Claim for Flight Compensation from the operating airline on the basis of Regulation 261/2004, ECAR 601, GACA Passenger protection, US Passenger protection or any other Air Passenger Rights Regulation in force applicable to the Client’s particular air travel.

3.2Flight data and information may be submitted to MYAIRRIGHTS via the website, mobile apps, email, other electronic or software solutions supported by MYAIRRIGHTS or phone.

3.3To pursue the Claim successfully, MYAIRRIGHTS needs the Client’s signed Assignment Form or Authority Document, which he/she can send to MYAIRRIGHTS via the web form, mobile app or using email or postal service. On receiving a Client’s signed Assignment Form or Authority Document, MYAIRRIGHTS prepares a request for payment and sends it to the operating airline without unreasonable delay and handles all further correspondence. For this part of Justice as a Service, if Flight Compensation is paid, MYAIRRIGHTS charges its Service Fee (see Price List).

3.4If the operating airline fails to pay Flight Compensation within a reasonable period after being notified by MYAIRRIGHTS and provided the case may be asserted with adequate certainty, MYAIRRIGHTS may initiate Legal Action to pursue the Claim. In the event that Legal Action is undertaken and Flight Compensation is paid, MYAIRRIGHTS charges the Legal Action Fee in addition to the Service Fee, to cover the additional costs of Legal Action (see Price List).

3.5In the event that a contracted legal representative is used for Legal Action, the Client will allow MYAIRRIGHTS to grant the contracted legal representative access to all of the data communicated to MYAIRRIGHTS and allow the legal representative to transfer information concerning the proceedings to MYAIRRIGHTS. Where a separate COA, Power of Attorney, Statement of Truth, Assignment Form or other additional documents are required by the relevant court, the Client undertakes to sign such additional documents. In case the Client has already signed an Assignment, Form and signs a COA, Power of Attorney, Client Care Agreement or similar, the Client accepts that such Claim is assigned back to the Client by signing the COA, Power of Attorney, Client Care Agreement or similar.

3.6If the contracted legal representative comes to the conclusion that there are insufficient prospects of success, the Client will be advised about this and neither MYAIRRIGHTS nor the contracted legal representative will take further action.If the contracted legal representative comes to the conclusion that there are insufficient prospects of success, the Client will be advised about this and neither MYAIRRIGHTS nor the contracted legal representative will take further action.

3.7If MYAIRRIGHTS or the contracted legal representative institutes legal proceedings to pursue a Claim, MYAIRRIGHTS will cover any costs incurred in the event the lawsuit is lost. In the event, the lawsuit is won, or a settlement has been reached between the airline and MYAIRRIGHTS, MYAIRRIGHTS will cover any costs incurred that are not covered by the airline.

3.8The Client acknowledges that it is the sole decision of MYAIRRIGHTS to accept any settlement offer since the Client has assigned the Claim to MYAIRRIGHTS. In case MYAIRRIGHTS acts on behalf of the Client pursuant to an Authority Document, the Client authorizes MYAIRRIGHTS to accept or reject settlement offers based on MYAIRRIGHTS’s experience with the airline and the advice from external legal representatives.

Article 4: Description of MYAIRRIGHTS Exclusive Membership

4.1A Client can join the Membership by purchasing an MYAIRRIGHTS+ Membership.

4.2The Membership fee will be advised to the Client at the time of the purchase, which the Client has to pay in order to become a Member and enjoy the benefits specified herein.

4.3 MYAIRRIGHTS offers the Membership either as:

i)a per booking subscription, or ii) a yearly subscription.

ii)The Membership as a per booking subscription will cover Claims that originate from the booking for which the Client purchased the Membership

iii)The Membership as a yearly subscription will cover Claims that originate from bookings within the given time period. The fee for this Membership is Euro 19,99 per year, which will be billed quarterly.

4.4The Membership commences on the day of purchase.

4.5Upon the acceptance of the purchase the Member will receive a confirmation.

4.6For Members, MYAIRRIGHTS will waive its Service Fee and Legal Action Fee, if applicable, for MYAIRRIGHTS’s delivery of Justice as a Service for the Claims for bookings that are covered by the Membership.

4.7Benefits are personal and apply only to the Member, which means the Member has to be named as a passenger in the booking, and to a certain number of passengers (as set out in the confirmation email), if they are included in the same booking as the Member.

4.8The Service Fee and Legal Action Fee will not be refunded to the Member for bookings, which originates from flights that were disrupted prior to the commencement of the Membership.

4.9The Membership is non-transferable. The Member must promptly notify MYAIRRIGHTS upon becoming aware of any unauthorized use of the Membership.

4.10For the Membership as a period subscription, the Membership shall be automatically renewed for one year thereafter until and unless the Member chooses to cancel the Membership, which can be done i) by the Member, when logged into its account and choose “Manage Membership” in the dashboard and clicks “Cancel Membership”, or ii) by the Member providing MYAIRRIGHTS with a written notice of its desire not to automatically renew the Membership, sent to: support@myairirghts.com.

4.11Members, who qualify as consumers pursuant to EU-consumer regulations, can withdraw their Membership within 14 days from the purchase without the need to specify any reasons. To exercise the right to withdrawal and receive a full refund, the withdrawal must be communicated within a 14-day period from the purchase and it must clearly state that the Member wishes to withdraw from the Membership. Due to the nature of the service provided to the Member, the Member cannot withdraw from the Membership, if the Member has been travelling on any flights covered by the Membership. The withdrawal can be sent to: support@myairirghts.com.

4.12If the cancellation is received by MYAIRRIGHTS 14 days after the conclusion of the initial or renewed Membership, the Member will not be entitled to any refund of the Membership fee.

4.13Once the Membership is terminated, cancelled, or expired, MYAIRRIGHTS will no longer waive its Service Fee and Legal Action Fee, if applicable, for MYAIRRIGHTS’s delivery of ClaimService.

4.14Former Members who have chosen not to renew their Membership, have to file their claim originating from the Membership period, no longer than 90 (ninety) days after the Membership has expired, to receive the benefits of the MYAIRRIGHTS Exclusive Membership.

4.15MYAIRRIGHTS reserves the right to refuse the Membership to any person and, in case of breach of the Terms by the Member, terminate the Membership at any time.

4.16The Member will not be entitled to any refund of the Membership fee upon termination of the Membership by MYAIRRIGHTS LLC.

Article 5: Fees and Payments

5.1MYAIRRIGHTS LLC provides its claim Service free of charge unless MYAIRRIGHTS is successful in collecting Flight Compensation. If MYAIRRIGHTS is successful MYAIRRIGHTS Payment Processing Entity will transfer the agreed part of the Flight Compensation to the Client, subject only to fees that may apply pursuant to the Price List. If MYAIRRIGHTS is successful, but the Flight Compensation and/or attorney’s fees, court fees, interest or similar has been transferred directly from the airline to the Client, the Client will without unreasonable delay transfer MYAIRRIGHTS’s fees pursuant to the Price List and the received attorney’s fees, court fees, interest or similar, if any, to MYAIRRIGHTS LLC.

5.2Payment of the agreed part of the Flight Compensation to the Client will be done pursuant to the options in the Price List by MYAIRRIGHTS Payment Processing Entity.

5.3If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to MYAIRRIGHTS Payment Processing Entity and the Client, after several reminders and reasonable endeavors from MYAIRRIGHTS to contact the Client by other means than the email provided by the Client to MYAIRRIGHTS, does not respond to correct or provide information needed to pay the agreed part of the Flight Compensation, MYAIRRIGHTS shall be entitled to keep the part of the Flight Compensation that otherwise should have been transferred to the Client.

5.4When MYAIRRIGHTS Payment Processing Entity, has paid the agreed Flight Compensation pursuant to the instruction of and method selection by the Client, MYAIRRIGHTS shall not be liable for:

i)checks, prepaid debit cards, credit cards and similar lost in transit to the Client.

ii)any effect of the Client giving wrong bank account information, wrong address or similar, including, but not limited to, the Flight Compensation being paid to the wrong receiver. If Flight Compensation at the fault of the Client has been paid to a wrong receiver, MYAIRRIGHTS shall not be obligated to actively reclaim it.

5.5No interest may be claimed for the period between the incoming and outgoing payments. MYAIRRIGHTS reserves the right to retain any interest that has been recovered from the airline.

5.6MYAIRRIGHTS LLC shall not be liable for any amount of compensation, damages or similar, if MYAIRRIGHTS LLC Payment Processing Entity is prevented to transfer the payment to the Client by an event beyond its reasonable control, including without limitation, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood and storm.

Article 6: Data Protection

6.1 MYAIRRIGHTS LLC will primarily use the personal data provided by the Client for the purpose of delivering Eligibility Service, MYAIRRIGHTS Exclusive Membership, Information Service and claim Service in accordance with the Agreement. MYAIRRIGHTS may also collect personal data for other purposes such as statistics, administration, and communication, IT and security administration, physical security, authentication and authorization systems, support systems, a collaboration of internal projects and organizational teams and activities. All personal data is collected in accordance with the General Data Protection Regulation, Regulation (EU) 2016/679 (see Privacy Statement) or other data protection laws that may be applicable.

6.2The Client provides MYAIRRIGHTS LLC with personal data under the General Data Protection Regulation or other data protection laws that may be applicable, with the explicit permission to process the personal data given by the Client and, where applicable, given on behalf of or by his/her fellow passengers for the use thereof in the context of the Agreement. MYAIRRIGHTS LLC will only transfer the personal data to third parties under the conditions as listed below:

i)if the Client has given consent;

ii)if it is for a purpose directly related to the original purpose for which the personal data was collected;

iii) if it is necessary for the preparation, negotiation and fulfilling the Agreement with the Client;

iv)if it is required due to a legal obligation, administrative or court order;

v)if it is required for the establishment or protection of legal claims or in defense of court actions;

vi)if it serves the prevention of misuse or other illegal activities, such as deliberate attacks, to ensure data security.

Article 7: Data and information from the Client

7.1 On request by MYAIRRIGHTS LLC, the Client or his/her fellow passengers will provide MYAIRRIGHTS LLC with all data or information that is required for the execution of the Agreement. The Client warrants that the data and information provided is correct, complete and true, and where applicable, given with the consent of the fellow passengers.

7.2The Client agrees to fully indemnify MYAIRRIGHTS LLC in all respects for all third-party claims including, but not limited to, incorrect Client communications, provision of incorrect data/information and fraudulent conduct.

7.3In case of incorrect data/information and fraudulent conduct, MYAIRRIGHTS LLC reserves the right to terminate the Agreement with immediate effect. If the Agreement is terminated in accordance with this paragraph, the Client will not have any right to compensation of any kind.

Article 8: Termination

8.1If you qualify as a consumer pursuant to EU-consumer regulations i.e. you are a natural person who enters into a legal transaction for a purpose that is neither your commercial nor your independent vocational activity, you have a statutory right of withdrawal.

8.2 Both MYAIRRIGHTS and the Client may terminate the Agreement, taking into account the following provisions:

8.3MYAIRRIGHTS may terminate the Agreement if it is established that there are no factual or legal grounds for the performance thereof. In this case, MYAIRRIGHTS shall not charge any costs to the Client on account of MYAIRRIGHTS ‘s managing of the case;

8.4MYAIRRIGHTS may terminate the Agreement with immediate effect in the event that any of the representations made by the Client are found to be inaccurate, or when the Client fails to provide documents or data requested by MYAIRRIGHTS by the deadline specified. In this case MYAIRRIGHTS may charge the Client with all costs incurred by MYAIRRIGHTS in connection with the performance of the Agreement, calculated as at the effective date of the Agreement’s termination;

8.5in the event that the Client terminates the Agreement (e.g. in order to entrust the collection of the amounts under the Agreement to MYAIRRIGHTS’s competitor), MYAIRRIGHTS shall be entitled to charge the Client with all costs incurred by MYAIRRIGHTS in connection with the performance of the Agreement, calculated as at the effective date of the Agreement’s termination.The termination of the Agreement shall be made exclusively in writing, or else shall be null and void. Notice of the termination of the Agreement shall be sent support@myairrights.com

8.6You can withdraw your acceptance of our Agreement within 14 days from the conclusion of the Agreement (e.g., letter, email) without the need to specify any reasons. To exercise your right to withdrawal, the withdrawal must be communicated within the 14-day period mentioned above and it must clearly state that you wish to withdraw from the Agreement. Due to the nature of the service provided to you, you cannot withdraw from our Agreement, if we have informed you that the airline has accepted the Claim, as we in such event have completed the service you requested. The withdrawal can be sent to:

Article 9: Final Provisions

9.1MYAIRRIGHTS is authorized to alter these Terms and the Price List and to set forth additional conditions at any time and without notice. However, changes with a negative effect on the Client will not apply to the Client, unless the Client agrees to new changes.

9.2The laws of Egypt apply to these Terms, the Assignment Form and the Agreement between MYAIRRIGHTS LLC and the Client. The Client is, however, always entitled to claim due to protection under mandatory provisions provided by laws of the country where the Client resides.

9.3information concerning the processing of personal data can be found in the privacy policy available on the website www.myairirghts.com

9.4Should any provision of these Terms be or become void, illegal or unenforceable, this shall not affect the validity of the remaining provisions in any way whatsoever.

9.5Rights and obligations fully or partially related to any submitted Claim may be transferred without restrictions by MYAIRRIGHTS to any entity within the corporate group of MYAIRRIGHTS LLC and by MYAIRRIGHTS LLC to third parties.

9.6The English version of these Terms shall prevail in case of inconsistency to any other language version. Effective date : Oct 7, 2019