This document establishes the terms and General Conditions of Contracting the service of lexority.com, a service belonging to the company RECLAMACIONES GENERALES S.L (CIF.B-95875209) with registered office at calle C/ Uribitarte 18, 1Bº piso. 48001 – Bilbao, registered in the mercantile registry of Vizcaya, (Volume 5681, Folio 90, Sheet BI-69540)
1. Purpose of the contract and claims procedure
RECLAMACIONES GENERALES. S.L will carry out, on the basis of providing a service, the extrajudicial and judicial claims procedure against airline companies and entities or bodies of Administration, for the purpose of compensating the interests of the client as a result of the breach by the airline company in scenarios of cancellation, delay, refused boarding and issues that may arise with your luggage. The service supplied by RECLAMACIONES GENERALES S.L and described in this document does not involve any payment for the customer, since RECLAMACIONES GENERALES S.L will only charge fees if the claim is successful.
The contracting of the services of RECLAMACIONES GENERALES S.L involves you accepting these terms and conditions, and you agreeing to come to an agreement with the company without our intervention.
Once the web form has been completed, we will assess the viability of your claim and we will request the necessary documentation from the client in order to proceed, and permission to start the claim with the airline. Once the client’s wish to continue with the claim has been confirmed, RECLAMACIONES GENERALES S.L. will begin the claims process. RECLAMACIONES GENERALES S.L, reserves the right to withdraw from any claim it considers unfeasible.
RECLAMACIONES GENERALES S.L provides a claims service, without being able to guarantee its success since the decision does not depend on its own criteria, for this reason RECLAMACIONES GENERALES S.L does not accept responsibility for the actions you carry out in your name, such as sending letters or bureau fax or signing documents that have not been drafted with the involvement of RECLAMACIONES GENERALES. SL.
The maximum liability of RECLAMACIONES GENERALES S.L in relation to the services provided on the basis of this proposal, will be limited to the amount of fees agreed for the service that results in this liability. RECLAMACIONES GENERALES S.L will not be liable for loss, harm or consequential damages, special or incidental, of any kind, even if it has been notified of their possible existence.
2. Fees and payment methods
RECLAMACIONES GENERALES S.L will advance all of the costs for you, so you won’t have any initial outlay. We will only charge you if your claim is successful, but, in this case, you won’t need to make any payment either, since we will pay you the compensation after deducing our fees.
In the event that the compensation is paid directly to the client, he/she will be responsible for transferring the corresponding fees to RECLAMACIONES GENERALES, S.L. The fees that RECLAMACIONES GENERALES S.L charges in the event of a successful claim are 25% plus VAT of the compensation paid by the airline company in the event of extrajudicial proceedings and 35% plus VAT in the event that it is resolved after bringing legal action whether this is resolved by an out of court settlement or after a favourable judgement.
In the event of receiving a judgement where, in addition to the payment of the amount claimed, the company is ordered to pay interest and legal costs, you yield to RECLAMACIONES GENERALES S.L the credit that has been generated in your favour for this reason, excluding the fees of the legal representative which will not be charged to you as an additional cost since they are paid by the company. On the other hand, if the claim is not successful and the company is awarded judicial costs, RECLAMACIONES GENERALES S.L will pay them, so that you never have to make any payment.
When the payment is made to a country outside of the European Union, Reclamaciones Generales will charge €10 extra to the client in commission, regardless of the commission charged by the bank.
3. Obligations of the parties
In order to be able to handle your claim we need to sign an authorisation to be able to represent you, you can do this online on our website or you can send it to us by email, fax or postal mail.
Furthermore, you must provide us with a valid email address and agree to inform us if you change this address. RECLAMACIONES GENERALES S.L will only communicate with you through the email address you provide. It is very important that you inform us of any change to your email address.
In the event of it being necessary to file the claim using court proceedings, the client agrees to grant power of attorney to the lawyer or apud acta if necessary, in which case we will give you adequate notice so that you can do this as soon as possible.
Once the contract is accepted and RECLAMACIONES GENERALES S.L has started the proceedings, in the event that the company contacts you, you must tell them that any communication regarding the claim should be done through us. Moreover, in the event that they send you a letter or email, you must forward it to us as soon as possible.
You agree to provide RECLAMACIONES GENERALES S.L with all of the documentation and information that we may request from you and for this to be correct, true and complete. This is an essential requirement in order to be able to handle your claim, so if you do not send the full documentation, RECLAMACIONES GENERALES S.L may terminate the contract.
If, once the claim has started through RECLAMACIONES GENERALES S.L, you receive any type of compensation, monetary or otherwise, directly from the company, you agree to inform us immediately. In this case you must pay our fees of 25% + VAT or 35% + VAT as applicable for the compensation received or, in the event that this has been provided in kind in the form of travel vouchers, the equivalent to 25% + VAT or 35% + VAT of this amount. In the event that the voucher amount is unclear, the fees will be calculated according to the amount initially established by RECLAMACIONES GENERALES S.L. In the event that RECLAMACIONES GENERALES S.L receives this voucher directly, RECLAMACIONES GENERALES S.L reserves the right to refrain from sending it until the full amount of fees has been received.
In order to transfer the amount of the compensation obtained (minus our fees) or to debit our invoice amount, you agree to provide the bank account or PayPal account that you wish this amount to be paid into or taken from. In the event that the compensation obtained was settled by the opposing party through a court order in your name, you agree to carry out the necessary actions to collect payment, understanding that the services have been finalised at the time of communication and/or issuing of this order and once the amount for fees has been transferred to RECLAMACIONES GENERALES, S.L.
Furthermore, as our client you agree in all cases to transfer to RECLAMACIONES GENERALES S.L our fees in the event that the compensation is received by you, and in the case of non-payment of these, the lawyer who has handled your case will begin legal action in court to recover the fees owed to RECLAMACIONES GENERALES S.L.
You can complete the bank account when completing the registration form for your claim, or, at the time it is requested by email.
In the following situations, you agree to bear the costs of the claim (which will be duly justified) as well as our fees:
When you accept a settlement with the airline without our intervention or against our advice.
When, during the legal proceedings, the airline company disputes the documentation you have provided to us for not being original or being unclear, and, a negative judgement is passed, or the airline company is not ordered to pay the costs.
In the event that you do not inform us of a previous claim being filed and the case being lost for this reason.
RECLAMACIONES GENERALES S.L will handle your claim with the airline company and in legal proceedings if necessary (legal proceedings does not include second hearing appeals).
RECLAMACIONES GENERALES S.L agrees to take on all of the costs of the instructed claim.
Equally, we pay for these costs in the event that RECLAMACIONES GENERALES S.L is the party who decides not to continue with the claim, without you being able to demand the continuation of the case or payment of any amount.
RECLAMACIONES GENERALES S.L agrees to keep you informed of the possible changes and news that may arise in the claim proceedings that we have started in your name.
Once your claim has been finalised, and if you request it, RECLAMACIONES GENERALES S.L will return to you all of the documentation you have provided to us.
RECLAMACIONES GENERALES S.L will pay the compensation obtained (minus our fees) into the bank account you have expressly stated to us. This payment will have a discharging effect. If you do not have a bank account within the Single Euro Payments Area (SEPA), we will make the payments through the PayPal payment gateway, with the conversion costs from Euros to other currencies being payable by you. Once the compensation has been received, RECLAMACIONES GENERALES S.L will request your bank account details or PayPal details by email (if you did not supply it on the form) to pay you this compensation. If we do not receive a response from the first email, we will try again up to 5 times over a period of 12 months. If, after five attempts, we do not receive a response from you, we will understand this to mean you have withdrawn from the contract and our fees will be 100% of the compensation.
4. Termination of the Contract
You may terminate or withdraw from the contract at any time by informing us in writing through the email [email protected] . In this case, you must pay us all of the costs that RECLAMACIONES GENERALES S.L has incurred in handling your claim.
RECLAMACIONES GENERALES S.L reserves the right to terminate this contract in the event we have proof that you have filed a parallel complaint to that initiated by us, you have obtained any type of communication or compensation from the company and you have not duly informed us. In this case, we reserve the right to claim from you, in addition to the expenses generated, the possible damages and harm that has been caused to us as a result of you breaching the contract.
The legislation that applies to the relationship joining both parties is Spanish law and, in accordance with its provisions, the Courts of the consumer’s residence will have jurisdiction for the purpose of resolving possible differences that may arise deriving from this contract. In the event that, in accordance with consumer and user protection law, the client is not considered to be a consumer, the Courts of Madrid will have jurisdiction.
The declaration of nullity, voidability or invalidity of any of these General Conditions of Contract will not affect the validity of the rest of the conditions that will remain in force and be binding for both parties.
The non-exercise by RECLAMACIONES GENERALES S.L of any of the rights expressed in these General Conditions of Contract will not constitute a waiver of this right.
6. Data Protection
In the handling of your data of a personal nature, RECLAMACIONES GENERALES S.L complies with current legislation in Spain and in the European Union, in particular, with Organic Law 15/1999, of 13th December, on the Protection of Data of a Personal Nature and its development regulations, in particular Royal Decree 1720/2007 of 21st December adopting the implementing Regulations of Organic Law 15/1999. To this effect, the necessary technical and organisational measures are adopted to prevent the loss, misuse, alteration, unauthorised access and theft of the personal information provided, given the condition of the technology, nature of the information and risks they are exposed to.
RECLAMACIONES GENERALES S.L has adopted the security levels for the protection of personal information required by the Development Regulation of Organic Law 15/1999, on the protection of data of a personal nature (Royal Decree 1720/2007). Furthermore, it endeavours to install additional technical means and measures to prevent the loss, misuse, alteration, unauthorised access and theft of the personal information provided.
During the client registration process, you should choose a password. As a client, you are responsible for keeping the password confidential, as well as all of the activities that take place in the session started with your username and password. In this sense, you agree to notify RECLAMACIONES GENERALES, S.L. as soon as possible about any unauthorised use of your username and password of any other security breaches. RECLAMACIONES GENERALES, S.L. will not be responsible for any damage or harm that may be caused by you failing to comply with this obligation.
The information you supply will be incorporated into a file of data of a personal nature which is duly registered with the Spanish Data Protection Agency. The communication of your personal information constitutes your express acceptance of the inclusion of them in the appropriate file. The non-communication or incomplete communication of the compulsory information will mean the impossibility of providing the service and, therefore, the termination of the contractual relationship.
RECLAMACIONES GENERALES S.L will use your personal information for the purpose of handling your claim with the airline company or the appropriate entity or body of Administration, including the details of your bank account or PayPal account that you supplied to receive the payment of the compensation obtained (minus our fees), if applicable. Moreover, we may use your personal information to send you communications related to the provision, improvement and updating of services, including those regarding the status of the claim.
RECLAMACIONES GENERALES S.L may send you information about its own offers, new utilities and offers applicable to the services provided to the email address you supplied in the registration form, unless you state otherwise by marking the relevant box.
RECLAMACIONES GENERALES S.L may also send you advertising about other services belonging to the company or third party companies who are involved with the goals we pursue, including, for example, promoting signature collection campaigns promoted by third party companies or request your participation in different activities, unless you state otherwise by marking the relevant box.
RECLAMACIONES GENERALES S.L will not transfer the information of a personal nature that you provide us with to third parties, except when this transfer is to companies who work with us, whilst this transfer is strictly necessary for the provision of the service.
To exercise the rights of access, rectification, opposition or cancellation, you can write to RECLAMACIONES GENERALES S.L, at [email protected]
RECLAMACIONES GENERALES S.L will return the documentation you have provided to us in order to handle your claim, once the issues is finalised and you have requested it. The documents drafted and used in your claim (both judicial and extrajudicial), belong to RECLAMACIONES GENERALES. SL.