This document contains the General Terms and Conditions for contracting the services of www.claimandgo.net, owned by the company C&G EU RIGHTS SL (Tax Identification Number: B16518920) with registered address at Gremi Sabaters n21,2nd 24b 07009, Palma de Mallorca
1. Purpose of the Agreement and Claims Procedure
C&G EU RIGHTS S.L performs the service of filing claims against airline companies and public entities and bodies, with the aim of obtaining compensation for breach by the airline companies of their obligations for cancellation, delay, refusal to board and incidences relating to your baggage. The service provided by C&G EU RIGHTS S.L and described in this document does not require any form of payment by the client, as C&G EU RIGHTS S.L only charges its clients if their claim is successful.
The contracting of the services provided by C&G EU RIGHTS S.L implies that you accept these terms and conditions and undertake not to reach an agreement with the company without our intervention.
Upon completion of a web form, we study your case and initiate the procedure for filing a claim against the airline company. C&G EU RIGHTS S.L. reserves the right to withdraw from any claim it considers non-viable.
C&G EU RIGHTS S.L provides a claims service, without guaranteeing success, as the decision is beyond its control. C&G EU RIGHTS S.L is therefore not liable for the services it provides in your name, such as sending letters or certified faxes or the signing of documents in which C&G EU RIGHTS. SL. has in no way been involved in the drafting.
The C&G EU RIGHTS S.L maximum liability in relation to the services it provides under this proposal is limited to the amount of agreed fees for the service giving rise to such liability. C&G EU RIGHTS S.L shall not be liable for any special or incidental loss, damages or consequential expenses whatsoever, even if notified of their possible existence.
2. Fees and Form of Payment
C&G EU RIGHTS S.L pays all your expenses in advance, which means that you do not have any initial expenses. We only charge if the claim is successful, but even then you have no costs, as we will pay you the compensation obtained, after deducting our fee and the necessary expenses (notary public, trial attorney, court taxes, etc.).
The fee that C&G EU RIGHTS S.L receives in a successful claim is 25% (plus VAT) of the compensation paid by the airline company. If, in order to obtain compensation, it is necessary to file a lawsuit, the price will be increased by 25 euros plus VAT (which will only be paid if the claim is successful, either by a favorable resolution or by extrajudicial agreement. ). In exceptional cases, if to obtain the compensation are necessary attonery (25Euros + VAT per person) and notary (35Euros + VAT per person), we advance them for you and recover it from the compensation obtained along with our fees.
In the event of obtaining a sentence whereby in addition to the payment of the amount claimed the airline is condemned to pay interest and court costs, you cede these to C&G EU RIGHTS S.L., except the trial attorney fees, which are paid by the company. On the other hand, if the claim is unsuccessful and the company benefits from a court costs ruling, C&G EU RIGHTS S.L will pay the costs, meaning that you never have to pay for anything.
DEDUCTION OF FEE AND EXPENSEVE. In the event of success, C&G EU Rights SL will deduct, from the compensation obtained for its client, a corresponding fee, as well as the advanced expenses (notary expenseve, attonery, ect)
3. Party Obligations
To be able to process your claim, you will be required to sign an authorisation for us to represent you, which you can do on-line at our website or send it by electronic mail, fax or by post.
In addition, you will have to provide us with a valid e-mail address and undertake to notify us if you change address. C&G EU RIGHTS S.L. will only communicate with you through the e-mail address you provide. It is very important that you advise us of any change in your e-mail address.
If it becomes necessary to take your claim to Court, you will be required to grant a power of attorney to the lawyer, in which case we would provide with all the information to do so at your earliest convenience.
Once C&G EU RIGHTS S.L. has accepted the agreement and initiated the procedure, if you are contacted by the airlines company, you must inform them that all notifications relating to the claim must be sent to us. Similarly, if they send you a letter or e-mail, you should forward it to us as soon as possible.
You undertake to provide C&G EU RIGHTS S.L with all the documents and information we request and that the information is correct, true and complete. This is an essential requirement to be able to process your claim and C&G EU RIGHTS S.L may terminate the agreement if we fail to receive all the documents required.
After a claim is initiated through C&G EU RIGHTS S.L., if you receive any monetary or other form of compensation directly from the company, you undertake to inform us immediately. In such case, you will be required to pay us a fee of 25% of any travel voucher, plus the relevant VAT. If C&G EU RIGHTS S.L receives non-monetary compensation (travel voucher), it reserves C&G EU RIGHTS the right to refrain from delivery until it receives its entire fee.
In order to be able to process the payment of the compensation obtained (minus our fees and necessary expenses generated) or to proceed with the debiting of the amount included on our invoice, you must undertake to provide the bank account or to which you wish the payment to be made or the debit charged. In the case of the compensation obtained being paid by the other party by way of a court order in your name, you undertake to perform the necessary procedures to collect it, with the understanding that the services provided by C&G EU Rights SL have concluded at the moment of the communication and/or delivery of the aforementioned court order.
You may add the bank account when filling out the registration form for your claim or, whenever it is requested of you by email.
In the following cases, you undertake to pay the costs of the claim (which will be duly certified), in addition to our fee:
If you enter into an agreement with an airlines company without our intervention or against our advice.
If the airline company challenges the documents we have filed in Court on the grounds they are not original or authentic, followed by a judgment dismissing the claim, or the company is not ordered to pay the court costs.
C&G EU RIGHTS S.L will process your claim against an airline company and in Court, if necessary (not including appeals to a higher court).
C&G EU RIGHTS S.L undertakes to pay all the costs of entrusted claims. We also undertake to pay the costs if C&G EU RIGHTS S.L decides not to continue handling the claim, although you are not entitled to demand that we continue, nor to any compensation. C&G EU RIGHTS S.L undertakes to keep you informed of all possible changes and developments that may take place during the claim procedure that we have commenced on your behalf.
Upon termination of the claim and at your request, C&G EU RIGHTS S.L will proceed to return all the documentation you provided. C&G EU RIGHTS S.L will make payment of compensation received (after deducting our fees and the necessary expenses incurred) to the current account you indicate to us for such purpose. Such payment will exonerate us from any further liability. If you do not have a bank account in the Single Euro Payments Area (SEPA), in which case you will be charged for the expenses for converting Euros into other currencies. Once compensation has been obtained, C&G EU RIGHTS, S.L. will request your bank or account details (if you did not provide them on the form) by e-mail for payment purposes. If we fail to receive a reply to our first e-mail, we will try again up to five times over a period of 12 months. If we fail to receive a reply after five e- mails, we will assume you have withdrawn.
4. Termination of the Agreement
You are entitled to terminate or withdraw from the agreement at any time, by informing us in writing at our electronic mail address email@example.com C&G EU RIGHTS S.L reserves the right to terminate this agreement if it becomes aware that you have also filed a claim at the same time we are processing a claim on your behalf, have received any form of notification or compensation by the company, without duly informing us. In this case, we reserve the right to also claim you pay the expenses incurred and the possible damages caused as a result of a breach you have committed
A declaration of annulment, unenforceability or invalidity of any of these General Terms and Conditions shall not affect the validity of any other term or condition, which shall remain in force between the parties. Failure on the part of C&G EU RIGHTS S.L to exercise any of its rights set forth in these General Terms and Conditions shall not be interpreted as a waiver of such right.
6. Data Protection
C&G EU RIGHTS S.L complies with current legislation in Spain and the European Union in relation to the processing of your personal data, specifically, with Constitutional Act 15/1999, dated 13 December on Personal Data Protection and implementing regulations, in particular Royal Decree 1720/2007 dated 21 December passing Constitutional Act 15/1999. To do so, it takes all the necessary technical and organisational measures to avoid the loss, misuse, alteration, unauthorised access and theft of the personal data provided, in accordance with state of technology, the nature of the data and the risks to which it is exposed.
Recogida de datos
C&G EU RIGHTS S.L has adopted the levels of personal data protection security required by the Implementing Regulations of Constitutional Act 15/1999 on Personal Data Protection (Royal Decree 1720/2007). Furthermore, it endeavours to install additional technical means and measures to avoid the loss, misuse, alteration, unauthorised access and theft of the personal data provided.
During your registration process as a client, you will be required to choose a password. As a client, you are responsible for keeping your password confidential, as well as all other activities that take place during the session initiated under your user name and password. In this regard, you undertake to notify C&G EU RIGHTS S.L of any unauthorised use of your user name or password, or any other security failure, as soon as possible. C&G EU RIGHTS S.L shall not be liable for any loss or damages that may arise as a result of your failure to comply with this obligation.
INFORMATION ON DATA PROTECTION
The parties are informed that their personal data and those derived from the execution of the contract will have the purpose of:
- Formalization, execution and management of the contractual relationship established.
- Send commercial information, own or of third parties that are related to our purposes and scope of activity, including by electronic means, based on the legitimate interest in keeping clients informed.
Your personal data may be transferred to the Air Companies and other entities necessary for the provision of the service and claim, as well as those provided by law, and will be retained while the contractual relationship remains in force. Once this period has elapsed, they will remain blocked during the legal conservation periods to meet supposed contractual or other responsibilities that imply a longer conservation period. The non- communication, or the incomplete communication of the obligatory data will suppose the impossibility of the provision of service and, therefore, the resolution of the contractual relationship.
The parties may exercise their rights of access, rectification, deletion, portability, limitation or opposition and other rights recognized in the applicable regulations, addressing the data of the Responsible in the indicated contract header, providing a copy of your ID and indicating the specific treatment about which you want to exercise rights. In case of divergences, you can file a claim with the Data Protection Agency (www.aepd.es)