1.1 These provisions determine the general terms and conditions of contracting the service owned by the company CUSTOMER CARE TECHNOLOGIES S.L.
2.1 When the client signs the authorization document, he automatically and simultaneously accepts these terms and conditions.
2.2 An agreement will only be established if Reclamio agrees to process the customer's claim.
2.3 By establishing an agreement with Reclamio, the client guarantees that he is authorized and has legal capacity to establish the agreement.
2.4 The client guarantees that the claim has not been assigned to third parties and that there is no pending or anticipated legal dispute between the client and the company regarding the same matter.
2.5 If the customer receives a direct payment or any other type of compensation from the relevant airline after formalizing the authorization document, the customer is obliged to inform Reclamio immediately.
2.6 The agreement ends:
3.1 Reclamio will process the claim through extrajudicial and judicial channels in order to obtain financial compensation for the client in accordance with current legislation applicable to the air transportation of passengers and luggage.
3.2 Flight data and information must be sent to Reclamio via the website, email, telephone or other electronic or software solutions compatible with Reclamio.
3.3 In order to proceed with the client's claim successfully, Reclamio needs the authorization or mandate document signed by the client, which can be sent via the website, email or by postal service.
3.4 Reclamio will try to reach a satisfactory agreement for the client based on its experience, but if it does not receive a response from the airline within a reasonable period of time or it is unsatisfactory, it will pass the file to one of its lawyers to file a claim through the courts.
3.5 In the event that a legal representative hired to initiate legal actions is appointed, the client will allow Reclamio to grant access to all the data provided to Reclamio and will allow the legal representative to transfer to Reclamio the information concerning the procedure.
3.6 If the hired legal representative concludes that there is little chance of success, the client will be informed of this and Reclamio will not pursue the claim.
3.7 If Reclamio or the hired legal representative takes legal action to process the claim, Reclamio will cover any costs derived from said procedure in the event of losing the litigation.
3.8 The client approves that only Reclamio can accept any proposal offered by the airline or its representatives.
4.1 Reclamio will manage the client's claim without any initial cost but will charge for its services in case of success.
4.2 If the client receives financial compensation directly from the airline or the Court, the latter has the obligation to inform Reclamio and pay the agreed commissions.
4.3 The client can cancel his claim at any time as long as the service has not been performed, although he will have the obligation to pay Reclamio for the services actually performed, which are valued at 50 euros until the filing of the legal claim and 40 % of the amount requested from the same moment.
4.4 The judicial process will be deemed to have begun from the moment Reclamio has filed the legal claim.
4.5 In the event of reaching an agreement with the air carrier in which, in addition to the payment of the claimed amount, the payment of legal fees and/or other expenses is agreed, the client assigns to Reclamio the credit that has been generated in its favor for these concepts.
4.6 In the event of obtaining a dismissal ruling as a result of the falsity, alteration or insufficiency of the documentation that you have given us, it will entail the payment of our fees.
4.7 In the event of obtaining an estimated ruling in which, in addition to the payment of the amount claimed, the company is ordered to pay interest and procedural costs, the client transfers to Reclamio the decision to liquidate them and the credit that has been generated in their favor for This concept.
4.8 Upon signing the authorization and/or mandate document, the client undertakes to assume the costs of the claim as well as the agreed fees, even when accepting any compensation offered by the airline, whether with or without the intervention of Reclamio. and/or against your advice.
4.9 If the client provides insufficient or erroneous information necessary for the payment of compensation, Reclamio has the right to deduct external costs imposed, in addition to the agreed commission.
4.10 When payment of compensation must be made by bank transfer to a foreign account, the commissions derived from such international transactions will be borne by the client.
4.11 When Reclamio, the airline or the Court have made the payment of compensation to the client, Reclamio will no longer be responsible for:
4.12 No interest of any kind can be claimed for the period between payment entry and exit.
4.13 By default, no invoice will be provided for the service provided and commission charged, but it can be requested and sent by email.
4.14 Reclamio will not be liable for any amount of compensation, damages or similar, if it is prevented from transferring payment to the client due to an event beyond its control, including without limitation, strike, closure, labor dispute, force majeure, war , riot, civil unrest, willful damage, compliance with a law or government order, rule, regulation or guideline, accident, breakdown of plant or machinery, fire, flood or storm.
5.1 Reclamio will only use the personal data provided by the client for the purpose of processing the claim in accordance with the legislation in force in Spain and the European Union, in particular, with Regulation 2016/679 of the European Parliament and of the Council of April 27. of 2016, relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and its implementing regulations.
5.2 Reclamio will only transfer personal data to third parties under the following conditions:
6.1 The client must provide all the data and information necessary for the correct execution of the service.
6.2 The client agrees to fully indemnify Reclamio in all respects for all third party claims, due to incorrect client communication, provision of data or fraudulent conduct.
6.3 In case of incorrect data and information or fraudulent conduct, Reclamio reserves the right to terminate the agreement with immediate effect.
6.4 The documents drawn up and used for the complete management of the claim (both extrajudicial and judicial) are the property of Reclamio.
7.1 The CLIENT has a period of 14 days to exercise their right of withdrawal at no cost and without the need to specify any reason.
7.2 To exercise the right to revoke their consent, the client must state unequivocally that they wish to cancel the claim.
7.3 However, given the very nature of the service, the CUSTOMER is aware that when the service has been performed, they will not be able to withdraw free of charge in accordance with article 16 of Directive 2011/83/EU.
8.1 Reclamio is authorized to modify these Terms and Conditions, fees, commissions, and to establish additional conditions at any time and without notice.
8.2 The laws of Spain will be applicable to these Terms and Conditions, the authorization document and the agreement between Reclamio and the client.
8.3 If any provision of these Terms and Conditions is or becomes void, illegal or inapplicable, this will not affect the validity of the remaining provisions.
8.4 The full text of these Terms and Conditions and the authorization document have been written in several languages, although in the event of a discrepancy in interpretation, the Spanish version will prevail.