General Conditions

1. Previous

These provisions determine the general terms and conditions of contract of the service owned by the merchant CUSTOMER CARE TECHNOLOGIES S.L. (Tax ID: B66546425), hereinafter Reclamio, with registered office at Rambla Iberia, 97 CP: 08205 Sabadell (Barcelona), and registered in the Mercantile Register of Barcelona, in volume 44875, folio 129, sheet number B-470060.

2. Agreement:

2.1 When the Customer signs the authorization document, the Customer automatically and simultaneously accepts these terms and conditions.

2.2 An agreement will be established only if Reclamio agrees to process the customer's claim. Reclamio has the right to waive the processing of any claim for any reason. In case of resignation, Reclamio will notify the customer.

2.3 By establishing an agreement with Reclamio, you warrant that you are authorized and have legal capacity to establish the agreement.

2.4 The Customer warrants that the claim has not been assigned to third parties and that there is no pending or anticipated legal dispute between the Customer and the Company over the same matter. Once the authorization document is signed, the customer will not be able to hire any third party to continue the claim or assign the case to any third party. Any existing agreement or assignment, if any, must be cancelled before signing the assignment of rights form or authorization document.

2.5 If the Customer receives a direct payment or any other compensation from the airline after formalizing the authorization document, the Customer is obliged to inform Reclamio immediately. Such payments shall be considered as compensation for the incident of the flight. Once signed the transfer of rights form or authorization document, the customer will be obliged to cease any negotiation with the airline and to direct any communication from the airline to Reclamio in order to achieve the best possible result.

2.6 The agreement ends:

• 1) When compensation has been accepted by Reclamio, payment from the airline has been received by Reclamio and transferred to the customer after deducting the applicable fees.
• 2) When Reclamio states that it would be worthless to continue the claim after analyzing the feasibility of the case and warned the customer that the claim will not be continued.

3. Service Description

3.1 Reclamio will handle the claim extrajudicial and judicial in order to obtain financial compensation for the customer in accordance with the current legislation applicable to the carriage of passengers and baggage by air.

3.2 Flight data and information must be sent to Reclamio via the website, email, telephone or other reclamio compatible electronic or software solutions. Upon receipt of the application, Reclamio will verify the viability of the claim.

3.3 In order to proceed with the customer's claim successfully, Reclamio needs the authorization document or mandate signed by the customer, which can be sent via the website, email or postal service. Once the authorization has been completed, Reclamio will file the claim against the airline as soon as possible and take care of the entire process.

3.4 Reclamio will try to reach a satisfactory agreement for the customer on the basis of their experience, but if within a reasonable period of time it does not receive a response from the airline or the airline is unsatisfactory, it will pass the file to one of its lawyers for legal action.

3.5 In the event that a legal representative is appointed to initiate legal action, the client will allow Reclamio to grant access to it of all data provided to Reclamio and will allow the legal representative to transfer the information relating to the procedure to Reclamio. If additional documentation is required, such as a proxy, affidavit, authorization, transfer of rights or any other documentation relevant to the court, the customer agrees to sign and pay for such additional documentation.

3.6 If the contracted legal representative concludes that there is little chance of success, the client will be informed of this and Reclamio will not proceed with the claim.

3.7 If Reclamio or the contracted legal representative brings legal action to process the claim, Reclamio will cover any costs arising from such proceedings in the event of loss of the dispute. In the event that the dispute is won or an agreement is concluded between the airline and Reclamio, Reclamio will charge the agreed fees.

3.8 The customer approves that it is only Reclamio who can accept any proposal offered by the airline or its representatives. Therefore, the customer authorizes Reclamio to accept or reject any offer based on their experience.

4. Fees and commissions

4.1 Reclamio will manage the customer's claim free of charge. If Reclamio obtains compensation, will proceed to pay, after deducting a commission of 25% of the amount obtained + VAT, the remaining amount in the bank account designated by the client for that purpose. Also, if the customer gets directly paid from the airline or the Court, the customer is obliged to inform Reclamio and pay the agreed fees. In the event that the client does not report the income received and Reclamio filed a lawsuit from which he had to withdraw, the agreed commission will be charged.

4.2 In the event of cancellation of the claim due to reasons attributable to the client (express request, duplication of claims, failure to attend the hearing or negligence), the latter will pay Reclamio the amount of the services performed, valued at 50 euros until the file is assigned to one of the lawyers and in the commission agreed upon the filing of the court application.

4.3 Judicial proceedings shall be deemed to have been initiated from the moment that Reclamio has filed the claim on behalf of the client. In most cases it will not be necessary to hold a hearing, so there will be no expense of the Attorney or Notary. It will only be necessary to hold a hearing if the air carrier or the judge requests a hearing. In this sense, the client undertakes to go to the act of the hearing and/or to grant power for lawsuits or “apud acta”. If, for whatever reason, the client is unable to attend, Reclamio may represent the client through the Procurator, with expenses payable to the client. Such representation may be “apud acta” (the client must go to the Court, without further expenses) or by means of a power of attorney, with expenses of 35 euros + VAT. The unjustified failure of the client to appear at the hearing entitles Reclamio to claim its fees according to the amount claimed.

4.4 In the event of obtaining a judgment in which, in addition to the payment of the amount claimed, the company is ordered to pay interest and procedural costs, the customer assigns to Reclamio the decision to liquidate them and the credit generated in its favour. On the contrary, if the claim was unsuccessful and the company obtained a cost order, Reclamio would bear the costs, so that the customer does not have to pay anything.

4.5 Upon signature of the authorization and/or mandate document, the customer undertakes to bear the costs of the claim as well as the agreed fees, even when accepting any compensation offered by the airline, either with or without the intervention of Reclamio and/or against its advice.

4.6 If the customer provides insufficient or erroneous information necessary for the payment of compensation, Reclamio is entitled to deduct external costs imposed, in addition to the agreed commission. If after successive reminders and reasonable efforts by Reclamio to contact the customer does not respond or does not provide the information required for payment of the agreed portion of the compensation, Reclamio shall be entitled to reserve the portion of the compensation that would otherwise have been transferred to the customer.

4.7 When Reclamio, the airline or the Court have made the payment of compensation to the customer, Reclamio will no longer be liable for:

• 1) Checks, prepaid debit cards, credit cards or similar.
• 2) No effect derived from the customer giving bank information or wrong address, including but not limiting, compensation paid to an erroneous recipient. Therefore, if compensation has been paid to another recipient by mistake of the customer, Reclamio is not obliged to actively claim it.

4.8 No interest may be claimed for the period between entry and exit of payment. Reclamio reserves the right to retain any interest that has been recovered from the airline.

4.9 No invoice will be provided by default for the service provided and commission charged, but can be requested and sent by email.

4.10 Reclamio shall not be liable for any compensation, damages or similar amount, if it has an impediment to transfer payment to the customer due to an event outside its control, including without limitation, strike, closure, labor dispute, act of force majeure, war, disturbance, social unrest, intentional damage, compliance with a government law or order, rule, regulation or guideline, accident, plant or machinery breakdown, fire, flood or storm.