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 customer's claim free of charge. If Populetic obtains compensation, will proceed to pay, after deducting a commission of 25% of the amount obtained + VAT, the remaining amount in the bank account designated by the client for that purpose. Also, if the customer gets directly paid from the airline or the Court, the customer is obliged to inform Populetic and pay the agreed fees. In the event that the client does not report the income received and Populetic filed a lawsuit from which he had to withdraw, the agreed commission will be charged.
4.2 In the event of cancellation of the claim due to reasons attributable to the client (express request, duplication of claims, failure to attend the hearing or negligence), the latter will pay Populetic the amount of the services performed, valued at 50 euros until the file is assigned to one of the lawyers and in the commission agreed upon the filing of the court application.
4.3 Judicial proceedings shall be deemed to have been initiated from the moment that Populetic has filed the claim on behalf of the client. In most cases it will not be necessary to hold a hearing, so there will be no expense of the Attorney or Notary. It will only be necessary to hold a hearing if the air carrier or the judge requests a hearing. In this sense, the client undertakes to go to the act of the hearing and/or to grant power for lawsuits or “apud acta”. If, for whatever reason, the client is unable to attend, Populetic may represent the client through the Procurator, with expenses payable to the client. Such representation may be “apud acta” (the client must go to the Court, without further expenses) or by means of a power of attorney, with expenses of 35 euros + VAT. The unjustified failure of the client to appear at the hearing entitles Populetic to claim its fees according to the amount claimed.
4.4 In the event of obtaining a judgment in which, in addition to the payment of the amount claimed, the company is ordered to pay interest and procedural costs, the customer assigns to Populetic the decision to liquidate them and the credit generated in its favour. On the contrary, if the claim was unsuccessful and the company obtained a cost order, Populetic would bear the costs, so that the customer does not have to pay anything.
4.5 Upon signature of the authorization and/or mandate document, the customer undertakes to bear the costs of the claim as well as the agreed fees, even when accepting any compensation offered by the airline, either with or without the intervention of Populetic and/or against its advice.
4.6 If the customer provides insufficient or erroneous information necessary for the payment of compensation, Populetic is entitled to deduct external costs imposed, in addition to the agreed commission. If after successive reminders and reasonable efforts by Populetic to contact the customer does not respond or does not provide the information required for payment of the agreed portion of the compensation, Populetic shall be entitled to reserve the portion of the compensation that would otherwise have been transferred to the customer.
4.7 When Populetic, the airline or the Court have made the payment of compensation to the customer, Populetic will no longer be liable for:
- 1) Checks, prepaid debit cards, credit cards or similar.
- 2) No effect derived from the customer giving bank information or wrong address, including but not limiting, compensation paid to an erroneous recipient. Therefore, if compensation has been paid to another recipient by mistake of the customer, Populetic is not obliged to actively claim it.
4.8 No interest may be claimed for the period between entry and exit of payment. Populetic reserves the right to retain any interest that has been recovered from the airline.
4.9 No invoice will be provided by default for the service provided and commission charged, but can be requested and sent by email.
4.10 Populetic shall not be liable for any compensation, damages or similar amount, if it has an impediment to transfer payment to the customer due to an event outside its control, including without limitation, strike, closure, labor dispute, act of force majeure, war, disturbance, social unrest, intentional damage, compliance with a government law or order, rule, regulation or guideline, accident, plant or machinery breakdown, 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.