0.0 Scope of application, continuity and relationship with previous agreements
0.1. These terms and conditions (the “Terms” or “General Conditions”) apply to all services provided by YOU ARE IN99, S.L. (“in99”) aimed at claiming, recovering, offsetting, cancelling or obtaining refunds of amounts of money in favour of the Client, regardless of the origin of the claim, including, by way of example, claims against financial institutions, airlines, insurers, service providers or other third parties.
0.2. These General Conditions shall apply to any Client receiving services from in99, even if they have previously signed general or specific terms with World Legal Advisers 2015, S.L.U., Lexland Abogados, YOU ARE IN99, S.L. or earlier versions of general conditions, in all cases respecting the specific terms in force agreed with such Client.
0.3. YOU ARE IN99, S.L. is the same legal entity previously named World Legal Advisers 2015, S.L.U., with full continuity of rights and obligations. The change of company name does not entail the creation of a new entity.
0.4. For clients with prior contracts, these Terms are incorporated with effect from their communication and, in purely organisational respects, reflect practices followed since 14/07/2022.. In the event of any discrepancy between different versions of these General Conditions accepted by the Client without any conflicting specific conditions, the most recent version duly notified to or accepted by the Client shall prevail. If the Client is a consumer, these Conditions shall be interpreted and applied in accordance with consumer protection regulations.
0.5. For communications strictly necessary for the performance of the contract (Article 6.1(b) GDPR), the Client designates the email address provided to in99 as the preferred channel. Additionally, where enabled by the Client, in99 may use messaging channels associated with the Client’s telephone number (e.g. WhatsApp or Telegram) exclusively for such operational communications. Unless proven otherwise, any communication sent by in99 to the last channel provided by the Client shall be deemed received: (i) when there is a technical delivery record in the relevant provider’s systems; or (ii) 24 hours after it has been sent or made available. The Client undertakes to keep their contact details up to date and to review communications, and may change the preferred channel or object to the use of messaging at any time by writing to dpo@in99.com.
in99: YOU ARE IN99, S.L., with registered office at Avenida Ricardo Soriano 21, Edificio RS21, 1º, Marbella (Málaga), Spain. Hereinafter referred to as “we”, “us” or “our”.
Client: you, the person who accepts these General Conditions and/or consciously uses our Services, hereinafter also “you” or “your”.
in99’s Third Party: any person or entity with whom in99 has entered into an agreement to assist us in providing our Services directly or indirectly.
Obligated Entity: any natural or legal person against whom the Claim is brought and which, under the applicable regulations or the contractual or non-contractual relationship, may be liable for paying, refunding, offsetting, reducing or cancelling amounts in favour of the Client. This includes, by way of example, banks and financial institutions, card issuers, insurers, airlines, transport companies, merchants, service platforms or other third parties.
Applicable Regulations: all laws, regulations, directives, administrative rules, case law or other applicable provisions relevant to the Claim or to the relationship between the Client and in99. This includes, by way of example and without limitation, regulations on consumer protection, general contracting conditions, financial services, transport, insurance, e-commerce, data protection, competition, as well as the 1908 Usury Repression Act and any other specific rules that may apply depending on the type of Claim.
Assignment Agreement: the assignment of your credit against the Obligated Entity or your rights to collect such credit. This shall take place at the sole request of in99 and may be evidenced by any means valid in law. By means of this agreement, in99 shall become the holder of your Claim or of the related collection rights. You expressly authorise in99 to generate the documents evidencing this Assignment Agreement and you undertake to cooperate in its formalisation, where applicable, upon our request. The purpose is to allow in99 to obtain and receive payments related to your Claim.
Authorisation of Representation: authorises us to act on your behalf, or through third parties or collaborating lawyers, in all steps related to the Claim, including negotiations and legal proceedings.
Claim: any demand, action or step taken to obtain from the Obligated Entity the payment, refund, reduction, cancellation or offsetting of amounts in favour of the Client, including the challenge of clauses or contracts, out-of-court claims and Legal Actions.
Claims Service: the service whereby in99, directly or through group companies or in99’s Third Parties, analyses, submits, manages and/or negotiates a Claim on behalf of the Client or in our own name as assignee, with the aim of obtaining Compensation.
Discretionary Authority: the right we have, as further described below, to take decisions regarding your Claim.
Viability Service: the prior analysis of the documentation and information provided in order to determine whether there are indications of unfairness, abusiveness and/or usury that justify bringing or continuing a Claim.
Compensation: any sum of money obtained by court decision or agreement with the Obligated Entity, including refunds of interest, excessive principal, costs or any other amount related to a Claim.
Information Services: the provision of information related to a Claim.
Lawyer: any lawyer or law firm engaged under an employment or commercial relationship with in99 to initiate Legal Actions or provide other legal services in relation to a Claim.
Legal Actions: the process of preparing and bringing a Claim in order to initiate judicial or extra-judicial proceedings. This may include filing a claim before the courts or instructing a Lawyer to act on behalf of the Client or in99 as assignee.
Viable Claim: a Claim which we have assessed, under our Discretionary Authority, as one we are willing to process on your behalf by offering you the Claims Service.
Legal Costs: all fees and expenses arising from carrying out Legal Actions, paid or awarded to in99. This includes, by way of example, lawyers’ fees, court filing fees, administrative expenses, translation costs, court agent/procurator fees and expenses related to the execution of judicial and extra-judicial actions.
Services: any of our services, including, among others, the Viability Service, the Claims Service or the Information Service offered to you by in99 or by an in99 Third Party in accordance with these Terms and any additional terms specific to the Services you have chosen.
Withdrawal: the process described in the section on Withdrawal, Waiver and Termination, whereby you may cancel the Claims Service, or in99 may terminate the Claims Service.
Service Fee: the fee indicated in the “No Win No Fee®” section of these General Conditions that we charge when and if you receive Compensation following the provision of the Claims Service. In addition to these fees, in99 may be entitled to have Legal Costs and/or statutory interest paid by the Obligated Entity through an order for costs as set out in that section. The “No Win No Fee®” slogan refers exclusively to our fees and does not exclude the risk of a potential adverse order for legal costs in favour of the other party if the claim is dismissed.
2.1. By accepting these Terms and/or using our Services, you confirm that you are an adult in your country of residence with the necessary legal capacity to enter into binding agreements under the applicable law. You are also in a position to assume responsibility for complying with these Terms and the specific terms of any Service, both on your own behalf and, where applicable, on behalf of other affected parties.
2.2. At in99 we offer services to assist Clients who face issues related to contracts, products or services which may give rise to a monetary claim against an Obligated Entity. This includes helping them bring claims to enforce their rights, such as obtaining refunds of unduly charged amounts, compensation, cancellation or reduction of debt, or other rights provided for under the applicable regulations.
2.3. It is important to note that in99 is not a law firm and we do not act directly as your lawyers. However, in certain cases and in accordance with our Terms and Conditions, we may engage in-house or external lawyers to provide our services in line with these General Conditions.
2.4. With regard to operational automation, electronic communications and technological liability limitations:
a) The Client expressly authorises in99 to use automation systems and artificial intelligence for the provision of the Services, including, among others, document extraction and classification, verification and calculation, prioritisation and routing of cases, generation of drafts and operational communications, which may be carried out automatically without individual human supervision.
b) The Services and the outputs generated by such systems are provided “as is” and “as available”. in99 will implement quality controls proportionate to the risk but does not guarantee uninterrupted availability, absence of errors or the achievement of a specific result.
c) To the maximum extent permitted by applicable law, in99’s liability for damage arising from failures, errors, unavailability, delays, viruses, operational or technological incidents, third-party integrations or electronic communications (email, messaging or other channels provided by the Client) shall be limited exclusively to proven direct and foreseeable damage, excluding loss of profit, loss of business, data, clientele, goodwill and any indirect, special or consequential damage. in99’s aggregate liability for all such items shall not exceed the total fees actually accrued by in99 in respect of the relevant case. Nothing in the foregoing limits or excludes liability for wilful misconduct, gross negligence, personal injury or for breach of obligations which cannot be waived by law.
d) Main remedy. In the event of a defect attributable to in99 in the provision of the Service, the Client’s exclusive remedy shall be the correction or reasonable repetition of the Service; subsidiarily, a refund of the in99 fees linked to the affected part of the Service.
e) Electronic evidence. The Client accepts as valid means of evidence system records (logs), metadata, timestamps, delivery/read receipts, technical headers and notification traceability generated by in99’s systems or its providers.
f) Force majeure. in99 shall not be liable for failures or delays due to causes beyond its reasonable control, including, by way of example, infrastructure outages, cyber incidents, strikes, regulatory measures, natural disasters or interruptions in services provided by third parties essential to operations.
g) High-impact decisions. Where an action may produce legal effects or similarly significantly affect the Client, in99 shall ensure human intervention in the terms required by applicable regulations.
3.1. Once you have accepted these Terms, we will provide you with the Viability Service and the Information Service to determine whether your Claim is considered eligible at our discretion.
3.2. If we determine that your Claim is eligible, we will inform you in writing. In certain cases it may be necessary for you to sign an Authorisation of Representation and/or an Assignment Agreement for the credit and/or its collection rights. The purpose of these documents is to allow us to act on your behalf or in our own name, directly or indirectly, with lawyers, the Obligated Entity or its representatives, and/or the courts, to obtain a Compensation.
3.3. It is important to note that providing the Information Service or the Viability Service does not entail a binding offer to provide any further service, including, but not limited to, the Claims Service.
Our responsibility as in99
4.1. We assume full responsibility for the services provided by our employed professionals or in99’s Third Parties. Accordingly, we shall be liable for any damage or loss caused to you as Client which is attributable to in99 or our employees in cases of wilful misconduct, fault or gross negligence.
4.2. However, in99 and/or its professionals shall not be liable in any case for damage arising from any conduct where there has been falsehood, concealment, deception or lack of good faith on your part as Client, or where the breach of our obligations is caused by circumstances beyond our control.
4.3. In cases of damage caused by in99, we shall be liable only for direct damage and loss which was foreseen or foreseeable at the time of acceptance of these General Conditions and which is duly proven. This means that our liability does not include, for example, loss of profit, loss of business or reputational damage, among others.
Your responsibility as Client
4.4. Using the Claims Service means that:
4.4.1. You accept the provision of the Claims Service.
4.4.2. You acknowledge that we will only pursue monetary compensation for the damage arising from your specific situation and that we may decide, under our Discretionary Authority, to accept reductions, partial refunds or other solutions as compensation instead of money. In this regard, we may treat the offer by the Obligated Entity of non-monetary compensation as equivalent to a refusal to offer Compensation.
4.4.3. You confirm that you have not brought the Claim by any other means, either directly or through third parties, and that there is no pending or planned legal dispute between you and the Obligated Entity regarding the same matter.
4.4.4. You accept the obligation, at in99’s sole request, to assign your credit against the Obligated Entity or the related collection rights, or to formalise the Authorisation of Representation, at any time until the Claims Service is concluded, in exercise of our Discretionary Authority.
4.4.5. Once we have received and reviewed your case, we will confirm in writing, either by email or other written means, that we have commenced the Claims Service. We have Discretionary Authority to decide whether to proceed or decline to provide the service, or to request further information or documentation before starting.
4.4.6. You may not assign the Claim to any other person or entity, as the legal ownership of the Claim has been transferred to in99, nor engage any third party to manage it, once you have accepted these General Conditions and, where applicable, the relevant Authorisation of Representation or Assignment Agreement has been formalised, unless previously authorised in writing by in99.
4.4.7. You may not instruct or authorise any third party to act on your behalf in relation to the same Claim without our prior written consent.
4.4.8. If you receive direct payments or any other form of compensation from the Obligated Entity, you must inform us immediately. These payments shall be deemed Compensation and we shall be entitled to our Service Fee and, additionally, to the fee for initiating Legal Actions if in99 had already taken Legal Actions before you received the payment from the Obligated Entity.
4.4.9. As from the entry into force of these General Conditions, you undertake to cease any communications with the Obligated Entity so that any transaction, negotiation or decision regarding the Claim is managed exclusively through in99. If the Obligated Entity contacts you directly, you undertake to cease such communications and inform us immediately so that we can resume negotiations on your behalf in accordance with these General Conditions.
If the Obligated Entity contacts you directly, you undertake to refer them to in99 and inform us immediately so that we may resume negotiations on your behalf in accordance with these General Conditions.
4.4.10. If you are acting as a representative or on behalf of another person, you are responsible for having obtained their authorisation and consent. If you do not have such consent, you may incur civil and/or criminal liability. Where more than one recipient of the services has been identified, all of you shall be jointly and severally liable for payment of the amounts due. This means that we may claim full payment of fees and expenses from any one of you.
4.4.11. You undertake to provide us with truthful and complete information and not to engage in falsehood, concealment, deception or bad faith. You are also obliged to cooperate towards the proper outcome of the service, especially where the fees are contingent upon a successful result. Such obligations may include, for example, granting powers of attorney, formalising the Assignment, attending public bodies and/or court hearings, among others that may be necessary or advisable, at in99’s sole discretion, to achieve the desired outcome. Otherwise, we shall have the right to unilaterally terminate the service, and you shall be liable to pay any fees and expenses accrued up to that time, as well as any damage and loss you may have caused us. Your liability for damages shall be subject to the same limitations set out in our liability regime above; that is, you shall only be liable in cases of wilful misconduct, fault or gross negligence and only for direct damage foreseen or foreseeable at the time of your breach.
Claims Service Fee
5.1. The Claims Service is provided in exchange for a success-based fee (“No Win No Fee®”), unless otherwise agreed in your specific conditions. The Service Fee shall consist of the percentage of the Compensation agreed with you in previously applicable specific or general conditions. In the absence of any specific prior agreement, a fee of 35% of the principal effectively obtained in your favour shall apply. Additionally, in99 shall be entitled to invoice in full, for its own benefit, any legal costs and interest which, where applicable, are awarded against the Obligated Entity, unless a different distribution has been expressly agreed in specific conditions.
5.2. Interest: statutory or default interest on the principal amount owed by the Obligated Entity. It is not possible to calculate in advance, within these General Conditions, the specific amount of interest that may apply to your case. The reason we propose agreeing the assignment of interest is that advancing all necessary expenses of the Claim on your behalf entails a significant financial effort and risk for us. If the proceedings are delayed for reasons beyond our control, this could result in substantial losses and, eventually, make it impossible for us to continue providing services. By assigning interest to us, we increase the likelihood of being able to provide the Claims Service at all times by mitigating some of the costs associated with delays beyond our control. For a better understanding of what this amount could be in your specific case, you may consult the table of statutory interest rates published by the Bank of Spain.
5.3. Legal costs orders (Costas Judiciales): court-awarded costs in the proceedings that the court may order the Obligated Entity to pay. It is impossible to calculate in advance the legal costs in your specific case, or to know in advance whether such costs will be awarded against the Obligated Entity. Cost assessments are not uniform and vary significantly depending on the court. However, the law generally provides that such costs may not exceed one third of the amount claimed, subject to certain exceptions.
5.4. The estimated fees do not include Value Added Tax (VAT), the applicable rate of which may vary under current tax legislation. Our fees and expenses are fixed in the sense that they are not calculated by the number of hours or resources used. The “No Win No Fee®” slogan refers exclusively to our fees and does not exclude the risk of a potential adverse costs order in favour of the other party if the claim is dismissed.
Compensation and Legal Actions
5.5. We will advance all expenses related to your Claim, such as expert reports, administrative certificates and any others we deem necessary or appropriate for the successful outcome of your Claim. You understand that, in order to offer you the possibility of working on a success-fee basis without upfront payments, we must bear significant material and financial costs from the moment you accept these General Conditions or consciously use the Claims Service.
5.6. By accepting these General Conditions, in99 will prepare a payment request and send it to the Obligated Entity. We will handle all necessary correspondence. For this part of the Claims Service, if you obtain Compensation, we will ask you to pay us the corresponding Service Fee. The Client authorises in99 to carry out any preliminary actions that are legally required or advisable (including prior communications, binding offers where applicable and other ADR/mediation procedures) and, where appropriate, to seek disclosure of documents and related evidentiary measures in accordance with applicable procedural rules. The timeframes for such actions may affect the overall strategy and timing of the case.
5.7. If the Obligated Entity does not pay the Compensation within a reasonable period after receiving our notification, or if we consider it unlikely that the Obligated Entity will respond to the payment request, we may initiate Legal Actions.
5.8. If we initiate Legal Actions and obtain Compensation, we may add an additional fee for initiating such Legal Actions, unless otherwise agreed in specific conditions or previous general conditions. In the absence of any agreed fee in specific or previous general conditions, such additional fee shall be 15% of the Compensation obtained through Legal Actions. If an Obligated Entity does not cooperate, we will bring Legal Actions and assume significant costs such as lawyers, court fees, translation of official documents and others. Therefore, this additional fee is necessary to cover at least part of those costs. This fee is likewise subject to the success of the Claim. This means you will not have to pay us anything under this fee if the Claim is unsuccessful.
5.9. If we need to instruct a Lawyer to take Legal Actions, you agree that in99 may provide that Lawyer with all the information you have provided to us so that they can carry out such Legal Actions.
5.10. If it is necessary to submit an additional form or other documents to initiate Legal Actions, you undertake to provide such additional documents. If you have signed an Assignment Agreement and subsequently an Authorisation (or similar document), you agree that such Authorisation may re-assign the rights of the Claim back to you if we so request.
5.11. If in99 or the Lawyer initiates Legal Actions to process a Claim, in99 shall cover the Legal Costs incurred, even if the case is lost, subject to the provisions of these General Conditions. If we win the case in court or reach a settlement with the Obligated Entity, in99 shall bear any costs not covered by the Obligated Entity. Where applicable, we will bring a claim to recover Legal Costs. The same applies to Legal Costs regardless of whether Legal Actions were brought directly by in99 or by a Lawyer acting on your behalf. To avoid confusion, in such cases all refunds obtained, including Legal Costs through cost orders or other concepts, and interest, shall belong to in99.
5.12. We cannot control the time it may take for your Claim to result in the effective recovery of your money, if any. You accept and acknowledge that the final outcome of Legal Actions and the receipt of Compensation may take years and that this is outside our sphere of control.
Clear Accounts
5.13. By way of example, if an out-of-court settlement of €600 is obtained from the Obligated Entity, the amount we would transfer to your account would be:
a. Claims Service Fee: 35% x €600 + 21% VAT = €254.10
b. Net amount to you: €600 – €254.10 = €345.90
Please note that in the above example a VAT rate of 21% has been used. This rate may vary at the time of invoicing. It is given as an example of the most common rate for this type of claim. If it is necessary to bring Legal Actions, you would additionally have to pay the Legal Actions Fee (an additional 15%) in accordance with these General Conditions, provided that a different specific fee has not been agreed in prior general or specific conditions, in which case such prior conditions shall prevail.
Settlement
5.14. We may, under our Discretionary Authority, offer or accept individual or collective settlement agreements with the Obligated Entity to resolve the Claim for Compensation.
5.15. You acknowledge that the decision to accept a settlement offer from the Obligated Entity rests solely with in99 where you have assigned or committed to assign the Claim to our company. If we act on your behalf under an Authorisation of Representation, you authorise us to accept or reject settlement offers at our discretion, without the need for your additional consent.
5.16. in99 may continue pursuing the Claim on your behalf, with or without the assistance of a Lawyer. If deemed appropriate or legally necessary, we may re-transfer the rights of the Claim to you and request that you grant us a new Authorisation of Representation so that we may continue to provide the Claims Service and collect and/or receive payments.
5.17. It is your responsibility to provide correct data in order for us to carry out the settlement process. We shall not be liable for any communications, documents or information/data provided incorrectly by you, nor for any fraudulent conduct on your part. If you intentionally provide incorrect information or data, in addition to other remedies available under these General Conditions, we may require you to reimburse the Legal Costs incurred by us.
Time of payment of the fees and expenses agreed in this document
5.18. You shall only be obliged to pay the fees set out in these General Conditions if we obtain a court decision or extra-judicial settlement in your favour and actually obtain sufficient Compensation, either into your account or ours, to cover such fees in full. Such fees shall be payable in full from the first amount of Compensation received in connection with the Claim we have brought on your behalf. If we receive the Compensation on your behalf, we shall deduct and invoice all such items from the first amount received, whether provisionally or definitively. We may receive provisional payments where the court decision is subject to appeal by the other party. We receive final payments when the decision ordering payment becomes final.
The Client grants in99 an express collection mandate to receive payments from the Obligated Entity on behalf of the Client or of in99 as assignee, and authorises in99 to offset against such amounts the Service Fee, the Legal Actions Fee and any recoverable expenses in accordance with these General Conditions, paying the Client the resulting net amount. No amounts shall be due from the Client in respect of Compensation if no sufficient funds are received, except in the cases provided for in clauses 4.4.8, 5.22 and 6.11.
Time of payment of funds we may have received on your behalf
5.19. We will provide you with a single statement of account once we have completed the Claim proceedings on your behalf and the Obligated Entity has paid the Compensation under a final court decision or settlement that terminates the Claim, including interest and costs, where applicable. This means that we may receive amounts at different times during the proceedings, but we will only issue you a single statement of account once we have received all amounts corresponding to the total Compensation under the final decision or settlement. “Final decision” means that it can no longer be appealed by the Obligated Entity. If the Obligated Entity appeals a decision favourable to your interests, we may initiate provisional enforcement of the judgment and receive provisional amounts on your behalf. Provisional payments may have to be returned if the judgment is overturned on appeal. If a favourable decision is ultimately and definitively overturned at a higher instance, you irrevocably authorise us, by means of this document, to immediately return any provisionally received amounts to the court.
The relationship arising from these General Conditions is of an exclusively contractual nature. Unless mandatory applicable law provides otherwise, the receipt of amounts by in99 in the context of a Claim does not constitute a fiduciary deposit nor an obligation to maintain such funds in a segregated account for the Client’s benefit, without prejudice to in99’s obligation to account for and pay to the Client the portion of the Compensation due to them under these General Conditions and, where applicable, the applicable prior specific conditions.
For clarification purposes, some of the implications by way of example are the following:
• The relationship between the Client and in99 is obligational and not fiduciary; the amounts received by in99 in the context of the Claim do not constitute a fiduciary deposit, escrow, client account or third-party funds.
• There is no obligation to maintain segregated accounts in favour of the Client, unless a mandatory rule or a specific written agreement provides otherwise.
• Amounts received may be temporarily integrated into in99’s operating treasury until their settlement and transfer in accordance with these Conditions; during that time the Client holds a personal credit right against in99, not a real right or right of separation over non-segregated funds.
• While such operational integration lasts, the amounts are exposed to general business risks (operational or technological failures, third-party fraud, temporary unavailability of systems or of depositary financial entities and, where applicable, supervening insolvency).
• in99’s directors do not assume individual fiduciary duties towards the Client by reason of these amounts, without prejudice to any liabilities imposed by law in cases of wilful misconduct or gross negligence.
• Notwithstanding the above, in99 shall at all times remain obliged to settle and transfer to the Client the net amount due as soon as reasonably possible in accordance with these Conditions.
5.20. You shall not be entitled to claim any interest on the Compensation for the period between in99’s receipt of the funds and the time they are transferred to you. in99 reserves the right to retain any interest recovered from the Obligated Entity, including interest obtained through Legal Actions.
5.21. in99 shall not be liable for any amount of Compensation, damage or similar if it is prevented from transferring the payment to you due to an event beyond its control, including, among others, strikes, lockouts, labour disputes, force majeure events, natural disasters, wars, riots, civil commotion, wilful damage, compliance with any law, order, regulation or governmental directive, accidents, plant or machinery breakdown, fires, floods or storms.
5.22. The Claims Service Fee and the Legal Actions Fee shall apply to any type of settlement as long as in99 has obtained the Compensation, whether through a court decision, a settlement agreement with the Obligated Entity, or where in99 has negotiated the Claim together with other Claims. Any payment or advantage obtained directly by the Client from the Obligated Entity in relation to the same subject matter shall be deemed Compensation for the purposes of accruing the fee. The Client shall immediately notify in99 of any payment or offer received; wilful or grossly negligent failure to do so shall entitle in99 to claim the corresponding fee and, where applicable, to terminate the service in accordance with clause 6.11.
If your case is lost
5.23. In all Claims there is a possibility that the court may dismiss the claim and order the losing party to pay the other party’s legal costs. This means that if, for any reason, your case is lost, you will not have to pay us any fees or expenses, but you may be ordered to pay the legal costs incurred by the Obligated Entity.
5.24. The vast majority of claims we are bringing against Obligated entities are currently being upheld by the courts. However, there is a percentage of claims that are dismissed for various reasons and we cannot guarantee the outcome of your case. We will provide you with a single statement of account when we have received the total Compensation. We will deduct our fees and transfer the net amount to you.
5.25. Goodwill Claim
In jurisdictions or situations where the Applicable Regulations are less developed or obtaining Compensation is less likely, if you decide to proceed, in99 may attempt to obtain Compensation by submitting a goodwill Claim to the Obligated Entity.
5.26. in99’s decision-making process in relation to your Claim
We will exercise our Discretionary Authority to decide whether to proceed with your Claim during the Viability Service or at any time during the Claims Service, including whether to initiate Legal Actions, make or accept a settlement offer from the Obligated Entity, withdraw the Claim or submit a goodwill Claim.
5.27. Criteria for Discretionary Authority
Our Discretionary Authority is based on a series of factors including, without limitation, the Applicable Regulations in force, the jurisdictions and court systems where we could bring the Claim, the Legal Costs and the likelihood of in99 being able to recover or being ordered to pay Legal Costs, the Obligated Entity’s historical behaviour in similar Claims, the average time required to obtain Compensation or a favourable decision through Legal Actions, the quality of the information you have provided regarding your Claim, any factual elements that may hinder obtaining Compensation, the advice of Lawyers and in99’s experience with similar Claims.
Right of withdrawal for consumers
6.1. If you are a consumer under the consumer protection rules of the European Union (EU), the European Economic Area (EEA) or the United Kingdom, you have the right to withdraw from the contract within 14 days from acceptance of these General Conditions. You are a consumer if you are a natural person contracting our Services for purposes outside your trade, business or profession.
6.2. You may exercise this right of withdrawal free of charge and without giving any reason. To do so, you must notify us, for example by letter, email or contact form, within the above-mentioned 14-day period, expressly stating that you wish to withdraw from the Claims Service or Subscription.
6.3. The withdrawal or termination notice must be sent to:
You are in99, S.L.
Avenida Ricardo Soriano 21,
Marbella, Málaga, 29601, Spain
or
Email: info@in99.com
To request withdrawal, you may also copy and paste the following sample text including your details (you are not obliged to use this exact wording):
Cancellation form template:
I hereby withdraw from the agreement concluded by me:
• Claim number with in99:
• Date of submission of the Claim:
• Client’s name:
• Client’s address:
• Client’s signature (if on paper):
• Date:
6.4. After the 14-day withdrawal period, you may withdraw your acceptance of the Claims Service or your Subscription in accordance with these Terms.
6.5. If you decide to exercise your right of withdrawal before we start providing the service, normally 24 hours after acceptance of the applicable general or specific conditions, we inform you that, pursuant to Article 108.4 of Royal Legislative Decree 1/2007 (Spanish Consumers and Users Act), you must pay us an amount proportional to the part of the service already provided at the time you inform us of your withdrawal, in relation to the total scope of the contract.
Loss of the right of withdrawal
6.6. After the aforementioned 14-day period has elapsed without the right of withdrawal being validly exercised, you may terminate the contract under the terms set out in these General Conditions in the section “Consequences of Termination and Withdrawal from the Claims Service”.
6.7. Given the nature of the service provided, you may not withdraw from our Claims Service or Subscription once in99 has notified you that the Obligated Entity has accepted the Claim, as in such case we shall have fully performed the contracted service.
6.8. In accordance with Article 103(a) of the recast text of the Spanish Consumers and Users Act, if you have consented to us starting to provide the Claims Service during the withdrawal period and the Service has been fully performed, you will lose your right of withdrawal. If the Service has only been partially performed, we may require payment proportionate to the part already provided.
Consequences of Termination and Withdrawal from the Claims Service
6.9. Following termination of the Claims Service for any reason, you must immediately pay any fees owed to in99 under these Terms, including, among others, cases of Client withdrawal after the Obligated Entity has confirmed payment of the Compensation.
6.10. in99 will not automatically reassign the rights to the Claim to you after Withdrawal or Termination. You must expressly request that we assign back the rights to your Claim, and we will send you an assignment form for signature.
6.11. If you withdraw from the Claims Service or if in99 terminates it due to your breach of these Terms, we shall be entitled to recover from you:
6.11.1. in99’s Legal Costs, if Legal Actions have already been initiated; or
6.11.2. An amount equal to the Legal Costs, if, following your withdrawal, we are ordered by a court or authority to pay Legal Costs to the Obligated Entity; or
6.11.3. in99’s Service Fee and, in the event of Legal Actions, the Legal Actions Fee, where you subsequently obtain Compensation directly from the Obligated Entity.
7.1. All personal data collected during, or in connection with, the provision of our Services shall be subject to in99’s Privacy Notice.
7.2. Use of our website is subject to in99’s Website Terms of Use.
7.3. For the performance of the service, in99 may request or obtain information from third parties (courts, public authorities, financial institutions, providers) and engage sub-processors that offer adequate guarantees, limiting processing to the contractual purposes and adopting appropriate security measures. The Client is informed that the main legal bases are performance of the contract and in99’s legitimate interest in managing the Claim, without prejudice to any others that may apply. Data protection rights may be exercised in accordance with the Privacy Notice.
Third-party services
8.1. Our services may include links to third-party websites or platforms offering services through such third parties. These websites/services are controlled by independent third parties and we do not control them. Although we provide information and access to these third-party providers, we do not endorse or sponsor such providers.
8.2. When you access third-party websites/services or use services they offer through our services, you will be subject to their policies and terms and conditions. We recommend that you read and understand such terms and conditions and use those services at your own risk.
8.3. We shall not be liable for any agreement you enter into with such third parties, nor for any errors or omissions in the services provided by them, nor for any claims or damages arising from access to or use of third-party services. Where such services involve the processing of personal data, you are informed that in99 shall not be responsible for such processing and that you should review the relevant third party’s privacy policy to exercise your rights.
Disclaimer of warranties and limitation of liability
8.4. We collect information and data from various sources to provide you with our services. Although we strive to provide accurate information, our services may contain errors or omissions. The services are provided “as is”. To the extent permitted by law, we make no warranties, whether express or implied, including warranties of merchantability, non-infringement of third-party rights, accuracy of information or fitness for a particular purpose. We do not warrant that our services will result in Compensation, meet your requirements, be secure, free of viruses or other harmful components, or be timely, uninterrupted, accurate, complete or reliable. You use our services at your own risk. To the extent permitted by law, we shall not be liable for direct, indirect, punitive, incidental, special or consequential loss or damage, nor for loss of income, profit or goodwill, arising from or related to (i) our services, (ii) delays or issues in accessing our services, (iii) viruses, errors, trojans, software, information, third-party websites or services obtained through our services, or (iv) any other matters related to our services, whether based on contract, tort or otherwise, even if we have been advised of the possibility of such damage. This limitation of liability shall not apply in cases of wilful misconduct, gross negligence or breach of essential contractual obligations.
8.5. These Terms do not affect your statutory rights which cannot be excluded by law. If you are not satisfied with any part of our services or these Terms, you may discontinue using the services in accordance with these General Conditions.
Amendments and entire agreement
8.6. We reserve the right to amend these General Conditions when necessary for legal, technical, organisational or service improvement reasons. The current version will always be available on in99’s website, in the General Terms and Conditions of Contracting section. We will notify you of any material change affecting your rights or obligations with reasonable advance notice through the contact channel you have provided. Continued use of the Services or failure to object within the period indicated in the notice shall constitute acceptance of the new General Conditions.
8.7. These Terms constitute the entire agreement between you and in99 and replace any prior (oral or written) communications between you and in99.
8.8. You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer our rights or obligations under these Terms to any affiliated entity or designated third party. in99 may assign or subcontract rights and/or obligations arising from the service to subsidiaries or trusted third parties (e.g. collaborating law firms, qualified trust service providers, litigation funders), ensuring that this does not prejudice the Client’s economic rights or reduce the level of confidentiality and security safeguards. The Client shall be informed where legally required.
Governing law and jurisdiction
8.9. These Terms, the forms and the agreement between in99 and you, as well as any dispute or claim arising out of or in connection with them, including non-contractual disputes or claims, shall be governed by Spanish law, without regard to conflict-of-law rules. This shall not affect mandatory legal provisions that would apply in the absence of such choice of law, such as mandatory provisions of the country where you reside. If the Client is a consumer resident in the EU, they are informed of the existence of the European Commission’s ODR platform for complaints relating to online contracts. in99 is not obliged to submit to any specific ADR body, without prejudice to the foregoing.
8.10. If any provision, or part thereof, of these General Conditions is held invalid or unenforceable by a court or competent authority, such invalid provision shall be replaced by a valid provision that most closely reflects the original intent, and the remaining terms shall remain in full force and effect.
8.11. Any failure or delay by in99 in exercising, in whole or in part, any provision of these Terms shall not be construed as a waiver of our rights or remedies.
8.12. In the event of any conflict between different language versions of these Terms and Conditions, the Spanish language version shall prevail.
Last updated: 11/10/2025
Version: CCGG_SUPLETORIO_02/EN
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