In these General Conditions, we use certain terms that it's important to explain:
- in99:
- refers to YOU ARE IN99 S.L., headquartered at Avenida Ricardo Soriano 21, Edificio RS21, 1st Floor, Marbella, (Málaga), Spain. To make it easier to understand these General Conditions, this document may also refer to in99 as "we," "us," or "our."
- Customer:
- that's you, the person who accepts these General Conditions and/or in any way consciously uses our services. To facilitate understanding, these General Conditions may also refer to the Customer as "you" or "your".
- in99 Third Party:
- a person or entity with whom in99 has signed a contract to help us provide our Services, either directly or indirectly.
- Airline:
- this refers to the airline company operating the related flight, which may be associated with incidents that may have violated your rights as a passenger.
- Regulations on Air Passenger Rights:
- this term pertains to any law, regulation, directive, international convention, or other rules that establish the rules and protections for passengers in situations such as delayed flights, cancellations, overbooking, or luggage issues. These rules may include general consumer protection laws, specific regulations like the European Union Regulation (EC) No. 261/2004, UK regulations, Turkish passenger regulations, the Canadian Transportation Act, and the 1999 Montreal Convention.
- Assignment Agreement:
- this term refers to the assignment of your credit against the Airline or your rights to collect such credit. This will occur solely at the request of in99, and such assignment may be evidenced in any legally valid manner. With this assignment agreement, in99 will become the holder of your claim or the rights to collect it. You expressly authorize in99 to generate the documentation evidencing this assignment agreement and agree to cooperate in its formalization, if requested by us. The purpose of this is to enable in99 to obtain and receive payments related to your claim.
- Authorization of Representation:
- by using our services, you authorize us, a company within our group, or a Third Party of in99 to act on your behalf in relation to your Claim. You authorize us to generate the documents evidencing representation as necessary and to cooperate in their formalization, if requested by us.
- Claim:
- it refers to any request made by a passenger to an airline for monetary compensation, damage repair, or refunds as provided in the rules and regulations protecting air passenger rights. It may also include compensation requests made at the discretion of the airline as a goodwill gesture.
- Claims Service:
- this is the service through which we, directly or through in99 group companies or Third Parties of in99, file a claim on your behalf.
- Discretionary Authority:
- this is the process by which we have the right to make decisions regarding your Claim, as described below.
- Viable Claim:
- it is a claim that we have evaluated under our Discretionary Authority as one that we are willing to process on your behalf by offering you the Claims Service.
- Viability Service:
- this is the service we provide to determine whether your Claim is a Viable Claim.
- Compensation:
- it refers to the total amount of money or other benefits that an airline may pay, using our Discretionary Authority, as a result of a filed claim. This compensation can be in the form of monetary compensation, refunds, damages, settlement, or as a goodwill gesture. It is important to note that compensation for flight-related issues does not include payments or reimbursements for legal costs, collection costs, interest, or other payments previously made by us or resulting from our actions.
- Travel Companion:
- it refers to any passenger you have identified as the recipient of Compensation for flight-related issues, such as a family member or a passenger traveling with you on the Airline.
- Goodwill Claim:
- it is a claim related to flight issues in the absence of air passenger rights regulations. Compensation in such cases may be in cash or in kind, such as a voucher for a flight, loyalty points, or air miles.
- Information Services:
- our provision of information related to the flight, airline, airport, and other travel details, as well as information about air passenger rights as established by regulations. This information can be specific to the Customer's flight or general and not tied to a specific flight. The information will be provided electronically via email, a personalized user panel, or websites controlled by Us.
- Lawyer:
- any lawyer or law firm hired in an employment or commercial relationship with in99 to initiate Legal Actions or other legal services regarding a Claim.
- Legal Actions:
- the process of preparing and filing a claim to initiate a legal procedure. This may involve filing the claim with the courts or with a law enforcement agency, such as a national authority. It may also involve delivering the claim to a lawyer for them to file it directly with the airline or initiate legal actions, or transferring the claim from one jurisdiction to another.
- Legal Costs:
- all fees and related expenses incurred when conducting legal actions paid to or incurred by in99. This includes, for example, lawyer's fees, costs of filing documents with the courts, administrative expenses, translation costs, procurator fees, and expenses related to the execution of legal and extrajudicial actions.
- Services:
- any of our services, including, among others, the Viability Service, the Claims Service, or the Information Service provided to you by in99 or by a Third Party of in99 in accordance with these Terms and any specific additional terms of the Services you have chosen.
- Withdrawal:
- it refers to the process described in the Withdrawal, Waiver, and Termination section, through which you can cancel the Claims Service, or in99 can terminate the Claims Service.
- Service Fee:
- it is the fee specified in the "No Win No Fee®" section of these General Terms that we charge when and if you receive Compensation for flight-related issues after the provision of the Claims Service. In addition to these fees, in99 may be entitled to have the Airline reimburse Legal Costs through the imposition of "Legal Costs" as well as legal interest as established in that section.