These provisions determine the general terms and conditions of contract of the service owned by the merchant CUSTOMER CARE TECHNOLOGIES S.L. (Tax ID: B66546425), hereinafter Populetic, with registered office at Calle Rambla Iberia, 97 CP: 08205 Sabadell (Barcelona), and registered in the Mercantile Register of Barcelona, in volume 44875, folio 129, sheet number B-470060.
2.1 When the Customer signs the authorization document, the Customer automatically and simultaneously accepts these terms and conditions.
2.2 An agreement will be established only if Populetic agrees to process the customer's claim. Populetic has the right to waive the processing of any claim for any reason. In case of resignation, Populetic will notify the customer.
2.3 By establishing an agreement with Populetic, you warrant that you are authorized and have legal capacity to establish the agreement.
2.4 The Customer warrants that the claim has not been assigned to third parties and that there is no pending or anticipated legal dispute between the Customer and the Company over the same matter. Once the authorization document is signed, the customer will not be able to hire any third party to continue the claim or assign the case to any third party. Any existing agreement or assignment, if any, must be cancelled before signing the assignment of rights form or authorization document.
2.5 If the Customer receives a direct payment or any other compensation from the airline after formalizing the authorization document, the Customer is obliged to inform Populetic immediately. Such payments shall be considered as compensation for the incident of the flight. Once signed the transfer of rights form or authorization document, the customer will be obliged to cease any negotiation with the airline and to direct any communication from the airline to Populetic in order to achieve the best possible result.
2.6 The agreement ends:
- 1) When compensation has been accepted by Populetic, payment from the airline has been received by Populetic and transferred to the customer after deducting the applicable fees.
- 2) When Populetic states that it would be worthless to continue the claim after analyzing the feasibility of the case and warned the customer that the claim will not be continued.
3. Service Description
3.1 Populetic will handle the claim extrajudicial and judicial in order to obtain financial compensation for the customer in accordance with the current legislation applicable to the carriage of passengers and baggage by air.
3.2 Flight data and information must be sent to Populetic via the website, email, telephone or other populetic compatible electronic or software solutions. Upon receipt of the application, Populetic will verify the viability of the claim.
3.3 In order to proceed with the customer's claim successfully, Populetic needs the authorization document or mandate signed by the customer, which can be sent via the website, email or postal service. Once the authorization has been completed, Populetic will file the claim against the airline as soon as possible and take care of the entire process.
3.4 Populetic will try to reach a satisfactory agreement for the customer on the basis of their experience, but if within a reasonable period of time it does not receive a response from the airline or the airline is unsatisfactory, it will pass the file to one of its lawyers for legal action.
3.5 In the event that a legal representative is appointed to initiate legal action, the client will allow Populetic to grant access to it of all data provided to Populetic and will allow the legal representative to transfer the information relating to the procedure to Populetic. If additional documentation is required, such as a proxy, affidavit, authorization, transfer of rights or any other documentation relevant to the court, the customer agrees to sign and pay for such additional documentation.
3.6 If the contracted legal representative concludes that there is little chance of success, the client will be informed of this and Populetic will not proceed with the claim.
3.7 If Populetic or the contracted legal representative brings legal action to process the claim, Populetic will cover any costs arising from such proceedings in the event of loss of the dispute. In the event that the dispute is won or an agreement is concluded between the airline and Populetic, Populetic will charge the agreed fees.
3.8 The customer approves that it is only Populetic who can accept any proposal offered by the airline or its representatives. Therefore, the customer authorizes Populetic to accept or reject any offer based on their experience.
4. Fees and commissions
4.1 Populetic will manage the client's claim without any initial cost but will charge for its services in case of success. If Populetic gets compensation for the customer, Populetic will be entitled to charge a service fee of 25% of the compensation obtained plus the I.V.A. correspondent. In the event that Populetic would have needed to take legal action to obtain compensation, Populetic will charge an additional commission for legal actions of 8% of the compensation obtained + VAT, which will be deducted from the client's compensation together with the service commission.
4.2 If the client receives the financial compensation directly from the airline or the Court, the latter is obliged to inform Populetic and pay the agreed fees. In the event that the client does not inform Populetic of the income received, it will be understood that he has acted in bad faith and negligence and, equally, he will have to pay the corresponding fees.
4.3 The client can cancel his claim at any time as long as the service has not been executed, although he will have to pay Populetic the services actually performed, which are valued at 50 EUR until the filing of the lawsuit or 25% of the requested amount from filing lawsuit. Likewise, the indicated amounts will be paid if there is duplication of claims or negligence on the part of the CLIENT.
4.4 The judicial process will be understood as initiated from the moment that Populetic has presented the judicial demand. In most cases, it will not be necessary to hold a hearing, so there will be no extraordinary expenses of the Attorney or Notary. It will only be necessary to hold a hearing if the airline or the Judge requests that it be held. In this sense, the client agrees to go to the hearing and/or to grant, if necessary, power of attorney for lawsuits or “apud acta” (the client must go to court). If, for whatever reason, the client is unable to attend, Populetic may represent the client through a Procurator with expenses that may be passed on to the client, although he will not be obliged to do so. The client's unwarranted failure to appear at the hearing entitles Populetic to claim his fees based on the amount of the amount claimed. If, due to the client's failure to appear at the hearing, the airline obtained a favorable court order, the client would bear the legal costs of the process.
4.5 In case 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 gives Populetic the credit that has been generated in his favor by these concepts.
4.6 In case of obtaining an estimated judgment in which, in addition to the payment of the amount claimed, the company is ordered to pay interest and procedural costs, the client assigns to Populetic the decision to liquidate them and the credit that has been generated in his favor. for this concept. On the contrary, if the claim were unsuccessful and the company achieved an order in costs, Populetic would assume the expenses, so that the client does not have to pay anything.
4.7 From the signing of the authorization and/or mandate document, the client agrees to assume the costs of the claim as well as the agreed fees, even when he accepts any compensation offered by the airline, either with or without the intervention of Populetic and/or against his advice.
4.8 If the client provides insufficient or erroneous information necessary for the payment of compensation, Populetic has the right to deduct external costs imposed, in addition to the agreed commission. If after successive reminders and reasonable efforts on the part of Populetic to contact the client, the latter does not respond or does not provide the information required for the payment of the agreed part of the compensation, Populetic will have the right to reserve the part of the compensation that in other circumstances would have been transferred to the client.
4.9 When Populetic, the airline or the Court, have made the payment of the compensation to the client, Populetic will no longer be responsible for:
- 1) Checks, prepaid debit cards, credit cards or similar.
- 2) No effect derived from the client giving wrong bank information or address, including but not limiting, the compensation paid to a wrong recipient. Therefore, if the compensation has been paid to another recipient due to the client's error, Populetic is not obliged to actively claim it.
4.10 No interest can be claimed for the period between the entry and exit of the payment. Populetic reserves the right to withhold any interest that has been recovered from the airline.
4.11 No invoice will be provided by default for the service provided and commission charged, but it can be requested and sent by email.
4.12 Populetic will not be responsible for any amount of compensation, damages or the like, if it has an impediment to transfer the payment to the client due to an event beyond its control, including without limitation, strike, closure, labor dispute, cause of force majeure, war, riot, social unrest, willful harm, compliance with a government law or order, rule, regulation or guideline, accident, damage to plant or machinery, fire, flood or storm.
5. Data protection
Populetic 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 27 April 2016, concerning the protection of natural persons in the area of concerning the processing of personal data and the free movement of such data and its implementing regulations. The customer provides Populetic with the explicit permission to process the data provided and for the use thereof in the context of the contractual relationship.
Populetic will only transfer personal data to third parties under the following conditions:
- 1) If it is for a purpose directly related to the original purpose for which the data were collected;
- (2) If necessary for the preparation, negotiation and performance of a contract with the client;
- (3) If required due to a legal, administrative or court order obligation.
- (4) If it is required for the establishment or protection of legal claims in respect of legal actions;
- 5) Whether they serve to prevent misuse or other illegal activities, such as deliberate attacks, to ensure data security.
6. Customer data and information
6.1 The customer must provide all data and information necessary for the proper execution of the service. The Customer warrants that the data and information provided are correct, complete and true.
6.2 The Customer agrees to indemnify Populetic in all respects for all claims of third parties, due to incorrect communication of the Customer, provision of data or fraudulent conduct.
6.3 In the event of incorrect data and information or fraudulent conduct, Populetic reserves the right to terminate the agreement with immediate effect. If the agreement terminates in accordance with this paragraph, the customer shall not have any right to compensation.
6.4 The documents drafted and used for the complete management of the claim (both extrajudicial and judicial) are the property of Populetic. Therefore, Populetic reserves the right to deliver them to the customer. The customer will be kept informed of the status of their claim whenever requested.
7. Withdrawal Policy
The CLIENT has a period of 14 days to exercise his right of withdrawal without any cost and without the need to specify any reason. POPULETIC puts at your disposal a downloadable model on their website.
7.2 To exercise his right to revoke his consent, the customer must state unequivocally that he wishes to cancel the claim. The communication should be addressed to CUSTOMER CARE TECHNOLOGIES S.L., Calle Rambla Iberia, 97 CP: 08205 Sabadell (Barcelona), e-mail firstname.lastname@example.org or fax 0034 933 969 865.
7.3 The Customer may not revoke the acceptance of the agreement if the carrier has informed Populetic of the acceptance of the claim, as in that case the service requested would have been completed.
8. Final provisions
8.1 Populetic is authorized to modify these Terms and Conditions, fees, commissions, and to establish additional conditions at any time without notice. However, any changes that have a negative effect on the customer will not apply to the customer unless they access such new changes.
8.2 The laws of Spain shall apply to these Terms and Conditions, to the authorization document and to the agreement between Populetic and the customer. Any dispute regarding these Terms and Conditions, the document of authorization and transfer of rights or provisions of the website must be resolved exclusively before the courts of Barcelona.
8.3 If any provision of these Terms and Conditions is or becomes void, unlawful or unenforceable, this shall not affect the validity of the remaining provisions.
8.4 The full text of these Terms and Conditions and the authorization document have been drafted in several languages, although in the event of a discrepancy of interpretation, the Spanish version will prevail.