TERMS AND CONDITIONS
OF THE SERVICES PROVISION
In order to comply with the law and ensure the security and trust of Clients, we inform you that in accordance with Law 34/2002 on Information Society Services and Electronic Commerce of 12 October 2002, the website www.сlaimout.com is owned by the company EU-ClaimOut, Sociedad Limitada Unipersonal with legal address in Gran Sol, 6F-03710, Calpe, Alicante, Spain, NIF B42664334, registered in the Mercantile Register of Alicante, contact e-mail address [email protected].
1.1. The Terms and Conditions of the service provision (hereinafter referred to as the Terms and Conditions) means the agreement signed between the Customer and ClaimOut in accordance with Regulation (EC) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and certification services for electronic transactions in the national market. On the basis of these Terms and Conditions and the Agreement, the Customer cedes the right of ownership of the Application to ClaimOut.
1.2. СlaimOut (hereinafter ClaimOut) means ЕU-Claimout, Sociedad Limitada Unipersonal (abbreviated name: ЕU-Claimout, S.L.U.).
1.4. The Site (hereinafter referred to as the Site) is www.claimout.com.
1.5. The Application (hereinafter referred to as the Application) is the ClaimOut mobile application for mobile devices.
1.7. The Assignment Agreement (hereinafter referred to as the Agreement) is the document by which the Customer grants ownership of the Application (Claim) to ClaimOut.
1.8. The Compensation (hereinafter referred to as the Compensation) is the amount of money paid by the airline to the Customer.
1.9. The Comission (hereinafter the Commission) is ClaimOut's amount of remuneration for the service rendered in the form of Compensation received by the Customer.
1.10. The Claim (hereinafter referred to as the Claim) is the passenger's claim to the airline for payment of monetary compensation by the airline.
1.11. The Request (hereinafter referred to as the Request) is a form filed by the Customer through the Site and/or the Application with the Customer's personal data, as well as any claim for compensation to the air carrier for payment of monetary compensation, restitution of damages in accordance with Regulation (EC) No. 261/2004.
1.12. Personal Data includes any information relating to a physical person.
1.13. Regulation (EC) No 261/2004 is the Regulation of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
2. General information.
2.1. The Terms and Conditions that apply to the Customer and ClaimOut will become effective once the Customer accepts these Terms and Conditions and signs the Agreement.
2.2 If the assignment of rights under the Agreement becomes invalid for any reason, the Agreement shall be deemed to be a Power of Attorney granted by the Customer to ClaimOut, under which ClaimOut shall have exclusive authority, with full power of subrogation, to:
(1) On behalf of the Client to finance pre-trial legal representation, to gather all necessary documentation, to send to the airlines claims for financial compensation in the amount specified in Regulation (EC) No 261/2004, as well as to collect and receive payments in connection with the claim on behalf of the Client in accordance with the Terms and Conditions of Service published on the Website www.claimout.com;
(2) On behalf of the Client finance pre-trial legal representation before all third parties and institutions, including preparation, submission and receipt of responses to complaints, consultations with the competent state authorities responsible for the protection of the rights of airline passengers;
(3) On behalf of the Client finance and sustain any negotiation in any form, including the right to send and transmit documents, claims, requests, suggestions, questions in electronic and written form, by e-mail, telephone, fax, telegraph, teletype, any means of communication, as well as the right to carry out the actions referred to in this paragraph orally, including negotiations through any communication channel by any technical means, as well as personal negotiations (including physical presence at the place of negotiations);
(4) Finance third parties to collect any fact or circumstance confirming denied boarding, flight cancellation, flight delay or flight interruption in the interest of the Customer. Sign any document required to receive monetary compensation from the airline.
2.3. ClaimOut confirms that it acts in strict compliance with Regulation (EC) No 261/2004.
2.4. The Customer confirms that it has carefully read and accepts these Terms and Conditions which set out the rights and obligations of the Parties in their entirety, without reservations or exceptions.
2.5. ClaimOut has the right to refuse the use of the service to the Customer at any time in the event that the Customer violates these Terms and Conditions and the provisions of the Agreement.
2.6. ClaimOut reserves the right to change the Terms and Conditions and the Policy at any time without notice to the Customer, except to the extent that such changes have a negative impact on the Customer. New versions of the Terms and Conditions and the Policy and/or its component parts shall be effective from the date of publication on the Site and/or the Application.
2.7. The Spanish version of these Terms and Conditions shall prevail in the event of any discrepancy with any other language version.
2.8. ClaimOut has the right to use facsimile and/or electronic representation for the seal and signature authorised by ClaimOut on any document. The parties acknowledge the validity of such documents.
3. Obligations and responsibilities of the Parties.
3.1. By accepting these Terms and Conditions, the Client confirms that he/she is acting on his/her own behalf or on behalf of another person(s) specified by him/her in the Claim Form.
3.2. The Customer guarantees that he/she will not use the Site and the Services of the Application in violation of the law.
3.3. ClaimOut reserves the right to refuse to deal with the Customer's Claim without stating the reason within 7 days from the date of submission of the Application.
3.4. The Customer confirms that, at the time of signing the Terms and Conditions, he/she is not in the process of collecting any compensation in respect of its Claim and has not previously transferred this right to any third party, and that the dispute between the Customer and the airline over this Claim is not subject to any form of legal proceedings.
3.5. Upon conclusion of the Agreement, the Customer shall assign to ClaimOut the right to collect the compensation in the interest of the Customer and undertakes not to collect the compensation independently and not to take legal action and not to assign this right to third parties without the consent of ClaimOut. The Customer acknowledges that by submitting an Application to ClaimOut, he/she transfers to ClaimOut the right to decide on the acceptance of any proposed dispute resolution.
3.6. Upon acceptance of the Terms and Conditions, the Customer agrees to send all correspondence history (if any) relating to the Claim and to discontinue negotiations with the airline and to forward any messages from the airline to ClaimOut.
3.7. The Customer may not disclose procedural information received from ClaimOut without the written consent of ClaimOut.
3.8. ClaimOut has the right to file a lawsuit against the airline in the interest of the Customer to collect compensation. The decision to file a claim is at the discretion of ClaimOut. In turn, ClaimOut will notify the Customer of its intention to file a lawsuit to Сliente at least 10 working days before filing the lawsuit.
3.9. In the event that ClaimOut hires specialists to collect compensation through the courts, the Customer agrees that ClaimOut guarantees that these specialists have access to all information submitted by the Customer to ClaimOut. In the event that additional documents are required to initiate legal proceedings, the Customer undertakes to provide them. ClaimOut will bear all the costs of collecting the compensation through legal channels without involving the Customer.
3.10. The Customer has the right to withdraw the lawsuit from the court at any time after the commencement of the legal proceedings. In this case, the Customer shall be obliged to reimburse ClaimOut for all legal costs and expenses incurred.
4. Terms of payment, payment for services, taxes.
4.1. ClaimOut will only be remunerated if it manages to reclaim the air carrier's compensation without reservation whatsoever.
ClaimOut will be remunerated if the compensation is successfully reclaimed:
For any flight of 1500 km or less for which the Customer is entitled to compensation of 250 euros, the amount of ClaimOut remuneration shall be 62.50 euros excluding VAT and 75.63 euros including VAT;
For any flight within the European Union of 1500 km or more and for any other flight of 1500-3500 km for which the Customer is entitled to compensation of 400 euros, the amount of ClaimOut remuneration shall be 100 euros excluding VAT and 121 euros including VAT;
For all flights not described above for which the Customer is entitled to compensation of €600, the amount of ClaimOut remuneration will be €150 excluding VAT and €181.5 including VAT;
In the event that the Customer is entitled to a different amount of compensation, the amount of ClaimOut remuneration shall be 25% of the amount of Compensation received.
4.2. The Customer understands that signing these Terms and Conditions and the Agreement means that he/she has no right to directly contact and accept payments from the air carrier.
4.3. The transfer of monetary compensation to the Customer's bank account is considered to be full compliance with ClaimOut's obligations to the Customer. The Compensation may not be paid to the Customer in cash, cheques, coupons, etc.
4.4. All Compensations resulting from the application of Regulation (EC) No. 261 shall be calculated in euros.
4.5. In the event of successful collection of the Compensation, ClaimOut shall transfer it to the Customer within 15 days of receipt of the Customer's bank details, retaining in full ClaimOut's remuneration and the applicable state tax.
4.6. The Terms and Conditions shall cease to have effect upon transfer of the compensation amount to the Customer's bank account.
4.7. In the event of payment by the airline, ClaimOut undertakes to notify the Customer and to request bank details in order to pay the compensation to the Customer's bank account.
4.8. The funds transferred by the air carrier to the Customer after the submission of the Claim Form and related to this Claim Form shall be deemed to have been collected as a result of ClaimOut's work and effort.
4.9 In the event that the airline makes a direct payment to the Customer's bank account, the Customer undertakes to notify ClaimOut of this within 15 days of receipt of payment and to transfer the established commission of 25% of the amount of compensation and the tax applicable to ClaimOut's bank account, unless otherwise agreed by the parties.
4.10. If ClaimOut has correctly transferred the funds to the bank account provided by the Customer and the Customer has not received the funds for reasons beyond ClaimOut's control, ClaimOut may, at the Customer's request, provide proof of the bank transfer of the compensation to the Customer.
4.11. ClaimOut is obliged to make every effort to contact the Customer in order to transfer compensation payments. If the Customer does not provide the data requested by ClaimOut which are necessary for the transfer of the Clearing within 6 months, the right to compensation is irrevocably transferred to ClaimOut.
4.12. The Customer confirms that in the event that ClaimOut is provided with incorrect data and other information about the recipient of the Compensation, ClaimOut shall not be liable for the payment of the Compensation.
4.13. The payment of compensation by ClaimOut shall only be made to the final recipients who are entitled to claim the Compensation. ClaimOut shall not pay compensation to intermediaries, agencies, representatives and/or other third parties who, along with the claim for compensation, do not present specific written evidence clearly and unequivocally confirming the authority to accept payments on behalf of the Customer.
4.14. The Customer consents to ClaimOut and/or its partners (payment systems) storing the Customer's bank account and/or bank card data through which bank transfers are made to the Customer during the term of the Agreement.
4.15. ClaimOut's place of legal registration is Spain, so the amount of VAT to be paid will be established in accordance with Spanish law.
5. Personal data
5.1 When processing the Customer's personal data, ClaimOut undertakes to take all organisational and technical measures to protect the Customer's personal data.
5.2 The Customer consents to the processing of his/her personal data, which, depending on the document, includes but is not limited to the following personal data:
- Name and surname,
- Passport data,
- Contact telephone number,
- E-mail address,
- Residence address
and confirms that, in giving such consent, he/she is acting of his/her own free will and in his/her own interest.
5.3 The Customer agrees that ClaimOut may collect, store and perform other actions to process the Customer's personal data for the following purposes:
- Identification of the party within the framework of agreements with ClaimOut;
- communication with the Customer, including the sending of notices, requests and information on the provision of services, as well as the processing of requests and orders from the Customer;
- This authorization has been granted without limitation as to its period of validity.
5.4 The Customer has the right to revoke his/her consent for the processing of personal data by sending a written notification to ClaimOut by e-mail at least 7 days before the revocation of consent. All personal data of the Customer will be deleted immediately.
5.5 The Customer may, at any time, modify (update, supplement) the personal data provided by him/her or a part thereof. At the Customer's first request, personal information held by ClaimOut shall be subject to deletion.
5.6 The Customer's personal information is processed by ClaimOut during the period of time it is published on the Site or during the period established by the legislation in force in Spain and the European Union, as well as by the provisions of the EU General Regulation on Personal Data Protection (2016/679). Different terms of placement of Personal Data will be determined by the Customer.
6. Privacy and data protection policy.
6.1. In accordance with the applicable legislation, ClaimOut undertakes to take all necessary technical and organisational measures according to the level of security appropriate to the level of risk of the data collected.
- Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 of April of 2016, relative to the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as RGPD);
- The Organic Law 3/2018, of 5 December, on the protection of personal data and the guarantee of digital rights;
- The Royal Decree 1720/2007, of 21 December, which approves the development Regulation of Organic Law 15/1999, of 13 December, of Protection of Personal Data (hereinafter referred to as RDLOPD);
- The Law 34/2002, of 11 July, Services of Information Society and Electronic Commerce (hereinafter referred to as LSSI-CE).
7.Responsible for the treatment.
7.1. EU-ClaimOut, SLU, fiscal identification number B42664334, registered in the Mercantile Registry of Alicante, address: Gran Sol, 6F-03710, Calpe, Alicante, Spain, contact email: [email protected]is responsible for the processing of the Customers’ personal data.
8. Registration of personal data.
8.1. The Customer can find the requirements for the protection of personal data on the website of the Spanish Agency for the Protection of Personal Data (http://www.agpd.es).
9. Principles applicable to the processing of personal data.
9.1. The processing of the Customer's personal data will be carried out in strict compliance with the following principles set out in Article 5 of the RGPD:
- principle of legality, loyalty and transparency;
- principle of purpose limitation;
- principle of data minimization;
- principle of precision;
- principle of limitation of retention;
- principle of integrity and confidentiality;
- principle of active liability.
10. Personal data categories.
10.1. The categories of data considered in the application are merely identifying data. Under no circumstances shall special categories of personal data within the meaning of Article 9 of the RGPD be considered.
11. Legal basis for the processing of personal data.
11.1. The legal basis for the processing of personal data is the consent of the Customer.
12. Objectives of the processing of personal data.
12.1. ClaimOut only collects personal data in order to fulfil the obligations assumed by ClaimOut.
12.2 During the collection of personal data, the Customer must be informed of the specific purpose of the processing for which the personal data are intended to be used.
13. Personal data of minors.
13.1. In accordance with the Article 8 of the RGPD and the Article 13 of the RDLOPD, only persons over the age of 14 may legally authorise the processing of their personal data by means of an agreement. In the case of children under 14 years of age, the consent of the parents or, where appropriate, guardian or custodian, will be required for the processing of their data, and the processing will be considered legal only to the extent that they consent.
14. Confidentiality and security of personal data.
14.1. ClaimOut undertakes to take all necessary technical and organisational measures in accordance with the level of security appropriate to the group of data collected, in such a way as to guarantee the security of personal data and to prevent its accidental or unlawful destruction, loss or alteration.
14.2. The Site has an SSL (Secure Socket Layer) certificate that guarantees that personal data is transmitted securely and confidentially. The transmission and loading of data between the ClaimOut website and the Customer is fully encrypted.
14.3. Since ClaimOut cannot guarantee the absence of hackers or other persons who may fraudulently access personal data, ClaimOut undertakes to inform the Customer immediately of such incidents.
15. Customer rights arising from the processing of personal data.
15.1. The Customer has the following rights:
- access rights;
- right of rectification;
- right to deletion (right to be forgotten);
- right to restrict processing;
- right to data portability;
- right of opposition.
16. Right of withdrawal.
16.1. In accordance with Spanish and EU legislation on consumer rights, the Customer has the right to withdraw and dissolve the Terms and Conditions and the Agreement.
16.2 The Customer has the right to dissolve the Terms and Conditions and the Agreement within 7 days of their conclusion (e.g. by sending a message by post or email) without stating the reasons for withdrawal. To exercise its right of withdrawal, the Customer must send a notice of withdrawal within 7 days, clearly indicating that it wishes to dissolve the Terms and Conditions and the Agreement.
16.3 Due to the nature of the services provided to the Customer, the Customer may not withdraw from the Terms and Conditions if he/she has been informed in writing that his/her Claim has been accepted by the air carrier, as this would mean that the service requested by the Customer has already been provided.
A withdrawal message can be sent to: Gran Sol, 6F - 03710, Calpe, Alicante, Spain or by email: [email protected].
17. Supervisory Authority.
17.1. If the Customer considers that a violation of the rules governing the processing of your personal data has taken place, he/she has the right to lodge a complaint with the supervisory authority. In the case of Spain, such authority is the Spanish Agency for the Protection of Personal Data (http://www.agpd.es).
18.1. The Customer confirms having read the Terms and Conditions relating to the protection of personal data before submitting the Claim via the Website and/or the Application.
19. Сookies Policy.
19.2 The information collected through cookies may include the date and time of the visit to the Site, the pages visited, the length of the stay on the Site and the length of the visit to the Sites immediately before and after the visit. No cookie file allows for contacting the Customer via a telephone number or any other method of personal contact. No cookie file can extract information from the Customer's hard drive or steal personal information.
19.3 The Customer may deactivate, reject or delete all or part of the cookies by means of the correct configuration of his/her browser.
20. Intellectual Property.
20.1. ClaimOut is the owner of all intellectual and industrial property rights of the Sitewww.claimout.com.
21.1. The legal relationship between the Client and ClaimOut is governed by the regulations and courts in force in Spain. However, the Customer has the right to demand adequate legal protection in accordance with the binding regulations of the country in which he/she resides.
21.2 All disputes and disagreements relating to these Terms and Conditions may be resolved by negotiation and/or written complaint procedure.
Updated: October 16, 2019