This document determines the General terms and Conditions of Contracting the service of lexority.com, this was in effect until 06/03/2024. Service owned by the company RECLAMACIONES GENERALES S.L (CIF.B-95875209) with registered office at Calle C/ Uribitarte 18, 1Bº piso. 48001 – Bilbao, and registered in the Mercantile Registry of Biscay (Volume 5681 Folio 90 Sheet BI-69540)

 

  1. Object of the contract and complaint procedure

GENERAL COMPLAINTS. S.L will carry out, under the service lease regime, both extrajudicial and judicial claim procedures before airlines and entities or bodies of the Administration, in order to see the interests of the client compensated as a result of non-compliance by the airline in the cases of cancellation, delay, denied boarding and incidents that may arise with your luggage. The service provided by RECLAMACIONES GENERALES S.L and described in this document does not entail any disbursement for the client, because RECLAMACIONES GENERALES S.L only charges its fees if the claim is successful.

The contracting of the services of RECLAMACIONES GENERALES S.L implies that the client accepts these terms and conditions, and that he undertakes not to reach an agreement with the company without our intervention.

Once the web form is completed, we will assess the feasibility of the customer’s claim and we will ask the customer for the necessary documentation to proceed and permission to initiate the claim to the airline. Once the client’s wish to proceed with the claim has been confirmed, RECLAMACIONES GENERALES S.L. will initiate the claim process. RECLAMACIONES GENERALES S.L, reserves the right to withdraw from any claim that it considers unfeasible.

RECLAMACIONES GENERALES S.L provides a complaint service, without being able to guarantee the success of the same as it is not a decision that depends on your criteria, therefore RECLAMACIONES GENERALES S.L is not responsible for the procedures that the client performs on your behalf, such as sending letters or fax or signing of documents in the drafting of which RECLAMACIONES GENERALES has not participated. SL.

The maximum liability of RECLAMACIONES GENERALES S.L in relation to the services provided under this proposal, will be limited to the amount of the agreed fees for the service that gives rise to such liability. RECLAMACIONES GENERALES S.L will not be responsible for consequential, special or incidental losses, damages or expenses of any kind, even if it has been warned of their possible existence.

 

  1. Fees and payment method

RECLAMACIONES GENERALES S.L will advance all expenses for the client, so he does not have to make any initial disbursements. We will only charge if the claim is successful (and in the event of non-compliance or resolution by the customer. Continue reading the General Conditions), but, in that case, the client will not make any disbursement either, because we will pay the compensation deducting our fees.

In the event that the compensation is paid directly to the client, the latter will be in charge of transferring the fees corresponding to RECLAMACIONES GENERALES, S.L.

The fees that RECLAMACIONES GENERALES S.L receives in case of success of the claim amount to 25% plus VAT of the compensation paid by the airline in case the claim is resolved out of court and 35% plus VAT in case it is resolved after the filing of a lawsuit either resolved by prior agreement to trial or after favorable judgment.

In the event of obtaining a judgment in which, in addition to the payment of the claimed amount, the company is ordered to pay the interest and the procedural costs, the client cedes to RECLAMACIONES GENERALES S.L the credit that has been generated in his favor for this concept, except for the attorney’s fees that will not be charged to the client as an additional expense to the company’s obligation to pay them. On the contrary, if the claim were unsuccessful and the company obtained a cost judgment, RECLAMACIONES GENERALES S.L would pay them, so that the client never makes a disbursement for legal costs.

When the payment is made to a country outside the European Union, Reclamaciones Generales will charge the customer an extra € 10 as a commission, regardless of bank fees.

 

  1. Obligations of the parties

Commitments of the client

In order to process the claim, we need the client to sign an authorization to be able to represent him, which can be done online on our website or by email, fax or postal mail.

In addition, you must provide us with a valid email address and agree to contact us if you change that address. RECLAMACIONES GENERALES S.L will only communicate with the client through the email address that you provide us. It is very important that any changes to the email address are communicated to us.

In case it is necessary to raise the claim by judicial means, the client undertakes to grant a power of attorney to the lawyer or apud acta if necessary, in which case we would inform you conveniently so that it is carried out as soon as possible.

Accepted the contract and initiated the procedures RECLAMACIONES GENERALES S.L, in case the company contacts the client, it must indicate that any communication regarding the claim is made through us. In addition, if a letter or email is sent to you, you must send it to us as soon as possible.

The client undertakes to provide RECLAMACIONES GENERALES S.L with all the documentation and information that we may request and to ensure that it is correct, truthful and complete. This is an essential requirement to be able to process the claim, so if the complete documentation is not sent to us, RECLAMACIONES GENERALES S.L. may terminate the contract.

If once the claim has been initiated through RECLAMACIONES GENERALES S.L the client receives any type of compensation, monetary or not, directly from the company or through a third party (claiming platform, consumer association, airport organizations…), undertakes to inform us immediately. In this case, the client must pay us our fees of 25% + VAT when the claim is in the extrajudicial way or 35% + VAT when the claim is in the judicial way, of the compensation received or, in case this has been in kind by means of a travel voucher, the equivalent of 25% + VAT or 35% + VAT of said amount. In case the amount of the bonus is not clear, the fees will be calculated on 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 it has received the full amount of its fees.

In order to process the payment of the compensation obtained (less our fees) or proceed to the debit of the amount of our invoice, the client undertakes to provide the bank account to which he wishes said amount to be paid or debited. In the event that the compensation obtained is satisfied by the other party by means of a court order on behalf of the client, the client undertakes to take the necessary steps to collect it, the services being understood to have been terminated at the time of communication and/ or delivery of said order and once transferred to RECLAMACIONES GENERALES, S.L. the amount of its fees.

In addition, as our client you agree in any case to make to RECLAMACIONES GENERALES, S.L. the transfer of our fees in the event that the compensation is collected by the client, and in case of non-payment of the same, the lawyer who has processed the procedure will be responsible for making the swearing of accounts in court for the amount owed to RECLAMACIONES GEENRALES, S.L.

The bank account can be completed at the time it is required by email.

If this banking information is modified, after having completed it in the claim, the client undertakes to communicate said change to RECLAMACIONES GENERALES SL

In the following cases, the client undertakes to assume the costs of the claim (which will be duly justified) as well as our fees:

  • when you accept an agreement with the airline without our intervention or against our advice.
  • It is indicated when, in the judicial procedure, the airline challenges the documentation that we have provided because it is not original or because it is uncertain, and a dismissal judgment is issued or there is no cost conviction for the airline.
  • In the event that no notice is given of a previous lawsuit filing and the case is lost for that reason.

Our obligations

RECLAMACIONES GENERALES S.L will process the claim before the airline and in judicial proceedings if necessary (judicial proceedings do not include appeals in second instance).

RECLAMACIONES GENERALES S.L undertakes to assume all the costs of the commissioned claim.

We also assume these costs in the event that RECLAMACIONES GENERALES S.L is the one who decides not to continue handling the matter, without being able to demand the continuation of the procedure or the payment of any amount.

RECLAMACIONES GENERALES S.L undertakes to keep the client informed of possible changes and developments that may occur in the complaint procedure that we have initiated on his behalf.

Once the claim has been completed, and if requested, RECLAMACIONES GENERALES S.L will proceed to return all documentation that has been provided.

RECLAMACIONES GENERALES S.L will make the compensation obtained effective (less our fees) in the current account expressly indicated to us. This payment will have a liberatory effect. Once the compensation has been obtained, RECLAMACIONES GENERALES S.L. will request by email the bank account details to pay the customer said compensation. If we do not get a response to the first email, we will try again up to 5 times over 12 months. If after these five attempts we do not get a response, we will understand that the client has given up and our fees will become 100% of the compensation.

 

  1. Termination of the Contract

The customer may terminate or withdraw from the contract at any time by informing us in writing by e-mail info@lexority.com . In this case, you must pay us all the expenses that RECLAMACIONES GENERALES S.L has incurred in the processing of your claim.

RECLAMACIONES GENERALES S.L reserves the right to terminate this contract when we become aware that a parallel claim to the one initiated by us has been processed, some type of communication or compensation has been obtained from the company and we have not been duly informed. In this case, we reserve the right to claim, in addition to the expenses generated, the possible damages that have been caused to us as a result of the breach of the contract by the customer.

The legislation applicable to the relationship that unites the parties is the Spanish one and, by virtue of the provisions therein, the Courts of the consumer’s domicile will be competent for their jurisdiction in order to resolve any possible differences that may arise arising from this contract. In the event that, in accordance with the regulations for the defense of consumers and users, the client is not considered a consumer, the Courts of the city of Madrid will be competent for their jurisdiction.

 

  1. Nullity

The declaration of nullity, ineffectiveness or invalidity of any of these General Contracting Conditions will not affect the validity of the remaining conditions that will remain in force and will be binding on the parties.

The non-exercise by RECLAMACIONES GENERALES S.L of any of the rights expressed in these General Contracting Conditions will not be interpreted as a waiver of said right.

 

  1. Data Protection

In accordance with the current and applicable regulations on the protection of personal data, we inform you that your data will be incorporated into the processing system owned by RECLAMACIONES GENERALES SL with NIF B95875209 and registered office located at C / URIBITARTE N18 1ª 48001, BILBAO (BIZKAIA), and that their respective purposes, conservation periods and legitimating bases are listed below. For those treatments that require it, it is also informed of the possible elaboration of profiles and automated decisions, as well as the possible assignments and international transfers that RECLAMACIONES GENERALES SL plans to make:

Treatments performed

 

Management of the website

  • Purpose: Processing and management of the data necessary for the functionality of the website
  • Storage period: as long as the consent given lasts
  • Legitimate basis: The consent of the interested party
  • Type of Data: Merely identifying data
  • Disposals: Not foreseen
  • International transfers: Not planned
  • Profiling: Not planned

Web form

  • Purpose: To attend to the queries and / or requests of the clients
  • Storage period: as long as the consent given is maintained.
  • Legitimate basis: The consent of the interested party
  • Type of Data: Merely identifying data
  • Assignments: None
  • International transfers: Not planned
  • Profiling: Not planned

Regulatory compliance management

  • Purpose: Management and processing of the obligations and duties arising from the
  • compliance with the regulations to which the entity is subject
  • Conservation period: conservation of the copies of the documents until
  • prescribe the actions to claim possible liability from you
  • Legitimate basis: Compliance with a law
  • Type of Data: Merely identifying data
  • Assignments: your data will be communicated, if necessary, to Organizations and / or public administration with competence in the matter in order to comply with the obligations established in the applicable regulations. In addition, it is reported that the legitimating basis of the assignment is to comply with the obligations established in the applicable regulations
  • International transfers: Not planned
  • Profiling: Not planned

Commercial Actions

  • Purpose: Collection, registration and processing of data for advertising purposes and
  • commercial prospecting of our products and/or services
  • Storage period: as long as the consent given is maintained
  • Legitimate basis: The consent of the interested party
  • Type of Data: Merely identifying data
  • Assignments: None
  • International transfers: Not planned
  • Profiling: Not planned

Claims form

  • Purpose: To manage the appropriate complaints addressed to the entity.
  • Storage period: as long as the consent given lasts
  • Legitimate basis: The consent of the interested party
  • Type of Data: Merely identifying data
  • Disposals: Not foreseen
  • International transfers: Not planned
  • Profiling: Not planned

Rights of the interested parties

RECLAMACIONES GENERALES SL informs Users that, they may exercise the rights of access, rectification, limitation, deletion, portability and opposition to the processing of their personal data before the Data Controller, as well as to the withdrawal of the consent given.

Right of Access: It is the right of the user to obtain information about their specific personal data and the treatment that has been carried out or is being carried out, as well as the available information about the origin of said data and the communications made or planned thereof.

Right of Rectification: It is the right of the affected party to have the data that turns out to be inaccurate or incomplete modified. It can only be satisfied in relation to that information that is under the control of RECLAMACIONES GENERALES SL, for example, to delete comments published on the page itself, images or web content containing personal data of the user.Right to the Limitation of treatment: It is the right to limit the purposes of the treatment originally foreseen by the data controller.Right of Deletion: It is the right to delete the personal data of the user, with the exception of the provisions of the RGPD itself or other applicable regulations that determine the mandatory nature of the conservation of the same, in time and form.Right of portability: The right to receive the personal data that the user has provided, in a structured, commonly used and machine-readable format, and to transmit them to another responsible.Right of Opposition: It is the right of the user not to carry out the processing of his personal data or to cease the processing thereof by RECLAMACIONES GENERALES SL.

 

In order to exercise any of the rights described above, you must comply with the following requirements:

Submission of a letter to the address C/ URIBITARTE Nº18 1º 48001, BILBAO (BIZKAIA) (for the attention of RECLAMACIONES GENERALES SL) or by e-mail to info@lexority.com .

The letter sent by the data subject requesting the exercise must comply with the following legal requirements:

Name, surname of the interested party and a copy of the DNI /NIE or any identification document. In the exceptional cases in which the representation is admitted, it will also be necessary to identify by the same means the person representing you, as well as the document accrediting the representation. The photocopy of the DNI may be replaced provided that the identity is proven by any other legally valid means.

Request in which the request is specified. (Exercise in which the information you want to access is requested). If you do not refer to a specific file, all the information that is available with your personal data will be provided. If you request information from a specific file, only the information from this file. If you request information about a third party, it can never be provided. If you request it by phone, you will be instructed to do it in writing and you will be informed of how you can do it and the address to which you have to send it. You will never be given information over the phone.

Address for the purpose of notifications.Date and signature of the applicant.Supporting documents for the request you make.The interested party must use any means that allows accrediting the sending and receipt of the application.

Finally, we inform that the client has the right to file a claim with the Spanish Data Protection Agency in case he becomes aware or considers that an event may imply a breach of the applicable regulations on data protection. RECLAMACIONES GENERALES SL undertakes to adopt the necessary technical and organizational measures, according to the level of risks that accompany the treatments carried out by them and indicated in the section of the terms and conditions of use, in such a way as to guarantee their integrity, confidentiality and availability.

 

Data collection

The data provided by the client will be incorporated into a personal data file that is duly registered with the Spanish Data Protection Agency. The communication of your personal data implies express acceptance to the inclusion of the same in the appropriate file. The non-communication, or incomplete communication of the mandatory data will imply the impossibility of the provision of the service and, therefore, the resolution of the contractual relationship.

RECLAMACIONES GENERALES S.L will use the customer’s personal data in order to process his claim before the airline or the appropriate administrative entity or body, including the bank account data that he would have provided to receive the payment of the compensation obtained (less our fees), if applicable. We may also use your personal data to send you communications related to the provision, improvement and updating of services, including those related to the status of the claim.

RECLAMACIONES GENERALES S.L may send its own information about promotions, new utilities that are incorporated and offers applicable to the services provided to the email address provided by the customer on the membership form, unless otherwise indicated by checking the corresponding box.

RECLAMACIONES GENERALES S.L may also send advertising about other services of its own or of third-party companies that are related to the purpose we pursue, such as, for example, promoting signature collection campaigns promoted by third-party companies or requesting the client’s participation in different activities, unless indicated otherwise by checking the corresponding box.

RECLAMACIONES GENERALES S.L will not transfer the personal data provided by the client to third parties, except when such transfer is in favor of companies that collaborate with us as long as its transfer is strictly necessary for the provision of the service.

To exercise the rights of access, rectification, opposition or cancellation, the customer can write to RECLAMACIONES GENERALES S.L, at info@lexority.com. 

RECLAMACIONES GENERALES S.L will proceed to the return of the documentation that has been provided for the processing of the claim, once the matter is completed and upon request by the client. The documents drafted and used in your claim (both judicial and extrajudicial), are the property of RECLAMACIONES GENERALES. SL.