{"id":6658,"date":"2023-10-03T13:48:07","date_gmt":"2023-10-03T13:48:07","guid":{"rendered":"https:\/\/www.in99.com\/?page_id=6658"},"modified":"2023-10-04T12:07:04","modified_gmt":"2023-10-04T12:07:04","slug":"general-terms-and-conditions-of-contract-for-flight-incident-claims","status":"publish","type":"page","link":"https:\/\/www.in99.com\/en\/general-terms-of-contract-for-flight-claims","title":{"rendered":"General Terms and Conditions of Contract for Flight Incident Claims"},"content":{"rendered":"<style>\r\n\r\n\t.terminos-y-condiciones {\r\n\t\tpadding: 42px 38px;\r\n\t}\r\n\r\n\t.terminos-y-condiciones h3, \r\n\t.terminos-y-condiciones h4, \r\n\t.terminos-y-condiciones h5 {\r\n\t\tcolor: black;\r\n\t}\r\n\r\n\t.terminos-y-condiciones h2 {\r\n\t\tfont-size: 1.125rem;\r\n\t\tmargin-bottom: 17px;\r\n\t}\r\n\r\n\t.terminos-y-condiciones h3 {\r\n\t\tdisplay: inline-block;\r\n\t\tmargin-bottom: 15px;\r\n\t\tmargin-top: 20px;\r\n\t}\r\n\r\n\t.terminos-y-condiciones h4, \r\n\t.terminos-y-condiciones h5 {\r\n\t\tmargin-top: 5px;\r\n\t\tmargin-bottom: 12px;\r\n\t}\r\n\r\n\t.terminos-y-condiciones a {\r\n\t\ttext-decoration: underline;\r\n\t\tcolor: #00CB48;\r\n\t}\r\n\r\n\t.terminos-y-condiciones p, \r\n\t.terminos-y-condiciones li, \r\n\t.terminos-y-condiciones dl > div {\r\n\t\tfont-size: 1rem;\r\n\t\tmargin-bottom: 1em;\r\n\t\tcolor: black;\r\n\t}\r\n\r\n\t.terminos-y-condiciones dt, \r\n\t.terminos-y-condiciones dd {\r\n\t\tdisplay: inline;\r\n\t}\r\n\r\n\t.terminos-y-condiciones dt {\r\n\t\tfont-weight: bold;\r\n\t}\r\n\r\n\t.terminos-y-condiciones > ol > li {\r\n\t\tmargin-bottom: 2em;\r\n\t}\r\n\r\n\t.terminos-y-condiciones address {\r\n\t\tmargin-bottom: 20px;\r\n\t}\r\n\r\n\t.terminos-y-condiciones address,\r\n\t.modelo-formulario {\r\n\t\tbackground-color: rgba(111,111,111, 0.05);\r\n\t\tborder: 1px solid rgba(111,111,111, 0.2);\r\n\t\tpadding: 7px 18px;\r\n\t\tborder-radius: 8px;\r\n\t\tfont-style: normal;\r\n\t\tline-height: 20px;\r\n\t}\r\n\r\n\t.modelo-formulario h5 {\r\n\t\tfont-size: 1rem;\r\n\t\tmargin-bottom: 0;\r\n\t}\r\n\r\n\t\/*\r\n\t\tNested un\/Ordered lists (2 levels)\r\n\t\tCodepen: https:\/\/codepen.io\/piguicorn\/pen\/qBQEbMX\r\n\t*\/ \r\n\t.terminos-y-condiciones ul {\r\n\t\tcounter-reset: parent;\r\n\t\tlist-style-type: none;\r\n\t}\r\n\r\n\t.terminos-y-condiciones ul>li::before {\r\n\t\tcounter-increment: parent;\r\n\t\tcontent: counter(parent) \". \";\r\n\t\tfont-weight: bold;\r\n\t\tmargin: 0;\r\n\t}\r\n\r\n\t.terminos-y-condiciones li>ul {\r\n\t\tcounter-reset: inner;\r\n\t\tpadding-left: 0;\r\n\t}\r\n\r\n\t.terminos-y-condiciones li>ul>li::before {\r\n\t\tcounter-increment: inner;\r\n\t\tcontent: counter(parent) \".\" counter(inner) \" \";\r\n\t\tmargin: 0;\r\n\t}\r\n\r\n\t.terminos-y-condiciones li>ul>li>ul {\r\n\t\tmargin-top: 12px;\r\n\t\tpadding-left: 10px;\r\n\t\tcounter-reset: insideInner;\r\n\t}\r\n\r\n\t.terminos-y-condiciones li>ul>li>ul>li::before {\r\n\t\tcounter-increment: insideInner;\r\n\t\tcontent: counter(parent) \".\" counter(inner) \".\" counter(insideInner) \" \";\r\n\t\tmargin: 0;\r\n\t}\r\n\t\r\n\t.terminos-y-condiciones .inline {\r\n\t\tdisplay: inline;\r\n\t}\r\n\r\n\t\t.terminos-y-condiciones h3 {\r\n\t\tmargin: 0;\r\n\t\tmargin-top: 4px;\r\n\t\tmargin-bottom: 20px;\r\n\t}\r\n\r\n\t.terminos-y-condiciones > ul {\r\n\t\tpadding-left: 0;\r\n\t\tmargin-left: 0;\r\n\t\tmargin-top: 40px;\r\n\t}\r\n \r\n\t.terminos-y-condiciones dd {\r\n\t\tmargin-left: 0.5em;\r\n\t}\r\n<\/style>\r\n\r\n<section class=\"terminos-y-condiciones\" aria-labelledby=\"main-heading\">\r\n\r\n\t<p>These Terms and Conditions (\"Terms\") establish the legally binding agreement between a Customer (\"Customer\" or \"you\") and in99 regarding the provision of our Services. By accepting these Terms, you agree to be bound by them, any additional terms applicable to the Services you have selected, and <a href=\"https:\/\/www.in99.com\/en\/privacy-policy-of-in99\" target=\"_blank\" rel=\"noopener\">in99's Privacy Policy<\/a>.<\/p>\r\n\r\n\t<p>We strongly recommend that you do not engage in any of in99's Services until you have read and understood these Terms and <a href=\"https:\/\/www.in99.com\/en\/privacy-policy-of-in99\" target=\"_blank\" rel=\"noopener\">in99's Privacy Policy<\/a>. If you have any questions or doubts, please consult our\u202f<a href=\"https:\/\/www.in99.com\/en\/help\" target=\"_blank\" rel=\"noopener\">Help Center<\/a>.<\/p>\r\n\r\n\t<ul>\r\n\t<!-- #1 Definiciones -->\r\n\t\t<li>\r\n\t\t\t<h3>Definitions<\/h3>\r\n\r\n\t\t\t<p>In these General Conditions, we use certain terms that it's important to explain:<\/p>\r\n\r\n\t\t\t<dl>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>in99: <\/dt>\r\n\t\t\t\t\t<dd>refers to YOU ARE IN99 S.L., headquartered at Avenida Ricardo Soriano 21, Edificio RS21, 1st Floor, Marbella, (M\u00e1laga), Spain. To make it easier to understand these General Conditions, this document may also refer to in99 as \"we,\" \"us,\" or \"our.\"\u202f<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Customer:<\/dt>\r\n\t\t\t\t\t<dd>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\".<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>in99 Third Party:<\/dt>\r\n\t\t\t\t\t<dd>a person or entity with whom in99 has signed a contract to help us provide our Services, either directly or indirectly.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Airline:<\/dt>\r\n\t\t\t\t\t<dd>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.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Regulations on Air Passenger Rights: <\/dt>\r\n\t\t\t\t\t<dd>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.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Assignment Agreement: <\/dt>\r\n\t\t\t\t\t<dd>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.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Authorization of Representation: <\/dt>\r\n\t\t\t\t\t<dd>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.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Claim:<\/dt>\r\n\t\t\t\t\t<dd>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.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Claims Service: <\/dt>\r\n\t\t\t\t\t<dd>this is the service through which we, directly or through in99 group companies or Third Parties of in99, file a claim on your behalf.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Discretionary Authority: <\/dt>\r\n\t\t\t\t\t<dd>this is the process by which we have the right to make decisions regarding your Claim, as described below.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Viable Claim:<\/dt>\r\n\t\t\t\t\t<dd>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.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Viability Service: <\/dt>\r\n\t\t\t\t\t<dd>this is the service we provide to determine whether your Claim is a Viable Claim.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Compensation:<\/dt>\r\n\t\t\t\t\t<dd>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.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Travel Companion:<\/dt>\r\n\t\t\t\t\t<dd>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.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Goodwill Claim:<\/dt>\r\n\t\t\t\t\t<dd>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.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Information Services: <\/dt>\r\n\t\t\t\t\t<dd>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.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Lawyer: <\/dt>\r\n\t\t\t\t\t<dd>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.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Legal Actions: <\/dt>\r\n\t\t\t\t\t<dd>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.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Legal Costs: <\/dt>\r\n\t\t\t\t\t<dd>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.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Services:<\/dt>\r\n\t\t\t\t\t<dd>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.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Withdrawal:<\/dt>\r\n\t\t\t\t\t<dd>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.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t<div>\r\n\t\t\t\t\t<dt>Service Fee:<\/dt>\r\n\t\t\t\t\t<dd>it is the fee specified in the \"No Win No Fee\u00ae\" 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.<\/dd>\r\n\t\t\t\t<\/div>\r\n\t\t\t<\/dl>\r\n\t\t<\/li>\r\n\t\r\n\t<!-- #2 C\u00f3mo puedes usar nuestros Servicios y qu\u00e9 puedes esperar de ellos -->\r\n\t\t<li>\r\n\t\t\t<h3>How You Can Use Our Services and What to Expect From Them <\/h3>\r\n\r\n\t\t\t<ul>\r\n\t\t\t\t<li>\r\n\t\t\t\t\tBy 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 legally binding agreements under applicable law. Additionally, you are able to assume responsibility for complying with these Terms and the specific terms of any Service, both on your own behalf and, if applicable, on behalf of other passengers. \r\n\t\t\t\t<\/li>\r\n\r\n\t\t\t\t<li>\r\n\t\t\t\t\tAt in99, we offer services to assist air passengers when they encounter issues with their flights. This includes helping them file claims with airlines to enforce their rights, such as obtaining compensation for delays, cancellations, or other flight-related inconveniences. \r\n\t\t\t\t<\/li>\r\n\r\n\t\t\t\t<li>\r\n\t\t\t\t\tIt is important to note that in99 is not a law firm, and we do not act as lawyers directly on your behalf. However, in certain cases and in accordance with our Terms and Conditions, we may engage internal or external lawyers to provide our services under these General Terms.\r\n\t\t\t\t<\/li>\r\n\t\t\t<\/ul>\r\n\t\t<\/li>\r\n\t\r\n\t<!-- #3 Servicio de viabilidad e informaci\u00f3n\u202f  -->\r\n\t\t<li>\r\n\t\t\t<h3>Viability and Information Service <\/h3>\r\n\r\n\t\t\t<ul>\r\n\t\t\t\t<li>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 according to our criteria. <\/li>\r\n\r\n\t\t\t\t<li>If we determine that your claim is eligible, we will communicate this to you in writing. In certain cases, it may be necessary for you to formalize an Authorization of Representation and\/or a Credit Assignment Agreement and\/or its collection rights. The purpose of these documents is to allow us to act on your behalf or on our behalf, either directly or indirectly, with lawyers, the airline or its representatives, and\/or the courts, to obtain compensation for issues with your flights. <\/li>\r\n\r\n\t\t\t\t<li>It is important to emphasize that the provision of the information service or the Viability Service by us does not imply a binding offer to provide you with any other service, including but not limited to the Claims Service.<\/li>\r\n\t\t\t<\/ul>\r\n\t\t<\/li>\r\n\r\n\t<!-- #4 Servicio de reclamaci\u00f3n -->\r\n\t\t<li>\r\n\t\t\t<h3>Claims Service <\/h3>\r\n\r\n\t\t\t<ul>\r\n\t\t\t\t<h4>Our Responsibility as in99<\/h4>\r\n\r\n\t\t\t\t<li>We assume full responsibility for the services provided by our employed professionals or Third Parties of in99. Consequently, we will respond to all damages and losses that may be caused to you as a Customer and that are attributable to in99 or our employees when there is intent, fault, or gross negligence. <\/li>\r\n\r\n\t\t\t\t<li>However, in99 and\/or its professionals shall not be liable in any case for damages arising from any type of conduct involving falsehood, concealment, deception, or lack of good faith on your part as a Customer, or when the breach of our obligations is caused by external factors beyond our control. <\/li>\r\n\r\n\t\t\t\t<li>In cases of damages and losses caused by in99, we will be liable for direct and foreseeable damages and losses at the time of acceptance of these General Terms and which are proven. This means that our liability does not include, for example, damages and losses such as loss of profit, loss of business, or reputational damages, among others. <\/li>\r\n\r\n\t\t\t\t<h4>Your Responsibility as a Customer<\/h4>\r\n\r\n\t\t\t\t<li>\r\n\t\t\t\t\t<p class=\"inline\">Using the Claims Service implies that:<\/p>\r\n\r\n\t\t\t\t\t<ul>\r\n\t\t\t\t\t\t<li>You agree to receive the Claims Service.<\/li>\r\n\r\n\t\t\t\t\t\t<li>You acknowledge that we will only claim monetary compensation for flight-related issues, and we may decide to accept travel vouchers or other services as compensation instead of money at our Discretionary Authority. In this regard, we may equate the airline's offer of non-monetary compensation with a refusal to offer Compensation. <\/li>\r\n\r\n\t\t\t\t\t\t<li>You affirm that you have not filed the claim through any other means, either directly or through other third parties, and that there is no pending or anticipated legal dispute between you and the airline related to the same matter. <\/li>\r\n\r\n\t\t\t\t\t\t<li>You accept the obligation to assign your credit against the Airline or assign the collection rights of such credit or formalize the Authorization of Representation exclusively at the request of in99, as we choose at any time until the completion of the Claims Service in exercise of our Discretionary Authority.<\/li>\r\n\r\n\t\t\t\t\t\t<li>Once we receive and review your case, we will confirm in writing, either by email or another written means, that we have initiated the Claims Service. We have the Discretionary Authority to decide whether to proceed or reject the provision of the service or request more information or documentation before beginning. <\/li>\r\n\r\n\t\t\t\t\t\t<li>You cannot assign the claim to any other person or entity, as legal ownership of the claim has been transferred to in99. <\/li>\r\n\r\n\t\t\t\t\t\t<li>You cannot instruct or authorize any other third party to act on your behalf regarding the same claim. <\/li>\r\n\t\t\t\t\t\t\r\n\t\t\t\t\t\t<li>If you receive direct payments or other compensation from the airline, you must inform us immediately. These payments will be considered Compensation for flight-related issues, and we have the right to our Service Fee and, additionally, the fee for initiating Legal Actions if in99 had already initiated Legal Actions before you received payment from the airline. <\/li>\r\n\r\n\t\t\t\t\t\t<li>From the acceptance of these General Terms, you undertake to cease any communications with the Airline so that any transaction, negotiation, or decision regarding the claim is managed exclusively through us. In the event that the airline contacts you directly, you commit to cease communications and inform us immediately so that we can resume negotiations on your behalf in accordance with these General Terms. <\/li>\r\n\r\n\t\t\t\t\t\t<li>If you are acting as a representative or on behalf of one or more passengers, you are responsible for obtaining their authorization and consent. If you do not have the consent of these individuals to do so, you may incur criminal and\/or civil liabilities. When more than one recipient of services has been verified, all of you will be jointly responsible for the payment of the amounts owed. This means that we may claim full payment of fees and expenses from each of you indiscriminately. <\/li>\r\n\r\n\t\t\t\t\t\t<li>You undertake to provide us with truthful and complete information and not engage in falsehood, concealment, deception, or bad faith. You also have an obligation to cooperate with the successful outcome of the service, especially when fees are contingent on a satisfactory result. Such obligations may include, for example, granting powers of attorney, assisting public authorities and\/or acts of court, to name a few that are necessary or convenient, at the sole discretion of in99, to achieve the desired outcome. Otherwise, we have the right to unilaterally terminate the service, and you will be responsible for paying all fees and expenses incurred and accrued up to that point, in addition to any damages and losses you may have caused. Your liability for damages and losses has the same limitations as those described in our liability regime described in the previous section. In other words, you will only be liable in cases of intent, fault, or gross negligence and with respect to direct and foreseeable damages and losses at the time of your breach.<\/li>\r\n\t\t\t\t\t<\/ul>\r\n\t\t\t\t<\/li>\r\n\t\t\t<\/ul>\r\n\t\t<\/li>\r\n\r\n\t<!-- #5 Si No Ganas No Pagas\u00ae -->\r\n\t\t<li>\r\n\t\t\t<h3>No Win No Fee\u00ae<\/h3>\r\n\r\n\t\t\t<ul>\r\n\r\n\t\t\t\t<h4>Claim Service Fee<\/h4>\r\n\r\n\t\t\t\t<li>The Claims Service is provided in exchange for a fee based on success or \"cuota litis\" under the registered trade name \"No Win No Fee\" \u00ae. This means that you would only have to pay the fee in the event that we have recovered a sufficient amount to cover it. In this case, our fee will consist of 25% of the amount that the judicial agreement or extrajudicial settlement considers as principal. Additionally, we will bill in full any interest and court costs imposed on the other party if applicable. <\/li>\r\n\r\n\t\t\t\t<li><b>Interests:<\/b> these are the legal or late payment interests on the principal amount owed by the airline. It is impossible to calculate the specific interests for your case in advance in these General Terms. However, for a better understanding of what this amount might be in your specific case, you can consult the legal interest rate table published by the Bank of Spain at <a href=\"https:\/\/clientebancario.bde.es\/pcb\/en\/menu-horizontal\/productosservici\/relacionados\/tiposinteres\/guia-textual\/tiposinteresrefe\/Tabla_tipos_de_interes_legal.html\" target=\"_blank\" rel=\"noopener\">this link<\/a>. Why do we propose to agree on the assignment of interests? Anticipating all the necessary expenses for the claim on your behalf implies a significant material and financial effort and risk on our part. If the procedure is delayed due to reasons beyond our control, this could result in significant losses and eventually the impossibility of continuing to provide services in general. By assigning interests, we ensure that we are able to provide the Claims Service at all times by mitigating the costs associated with a delay in the estimated completion date of your case due to reasons beyond our control.<\/li>\r\n\r\n\t\t\t\t<li><b>Court Costs:<\/b> These are the expenses incurred in the procedure that the judicial authority may decide to impose on the airline. It is impossible to calculate the court costs for your specific case in advance in these General Terms, nor know in advance if they will be imposed on the airline. The cost assessments are not uniform and vary greatly depending on the judicial district and court. However, the law generally establishes that these costs may never exceed one-third of the claimed amount.<\/li>\r\n\r\n\t\t\t\t<li>The estimated fees do not include the Value Added Tax (VAT), the applicable amount of which may vary depending on the current tax legislation. Our fees and expenses are fixed and cannot be increased or reduced based on the complexity or the number of hours or resources employed in it. <\/li>\r\n\r\n\t\t\t\t<h4>Compensation and Legal Actions<\/h4>\r\n\r\n\t\t\t\t<li>We will advance all expenses related to your claim, such as Expert Reports, Administrative Certificates, and others that we deem necessary or convenient for the successful resolution of your claim. You understand that in order to offer you the possibility of working on a success basis and without the need for upfront payment, we must cover significant material and financial costs that begin to be incurred immediately after the acceptance of these General Terms or your conscious use of the Claims Service. <\/li>\r\n\r\n\t\t\t\t<li>By accepting these General Terms, in99 will prepare a payment request and send it to the airline. We will handle all necessary correspondence. For this part of the Claims Service, if you receive Compensation for your flight issues, we will request that you pay us the corresponding fee for our Claims Service.<\/li>\r\n\r\n\t\t\t\t<li>If the airline does not pay the compensation within a reasonable period after receiving our notification, or if we believe it is unlikely that the airline will respond to the payment request, we may take Legal Actions.<\/li>\r\n\r\n\t\t\t\t<li>If we take Legal Actions and obtain compensation for your flight issues, we will add an additional fee for initiating such Legal Actions in the amount of \u20ac15. If an airline does not cooperate, we will take Legal Actions and incur very significant costs such as lawyers' fees, court fees, translation of official documents, and others. Therefore, we must add this additional fee for Legal Actions to cover at least a fraction of these expenses. This fee is still subject to the success of the Claim in the same way as the fee for the Claims Service. This means that you will not have to pay us any amount if the Claim is not successful.<\/li>\r\n\r\n\t\t\t\t<li>In case we need to use a lawyer to take Legal Actions, you agree that in99 will provide the lawyer with all the information you have provided to us so that they can carry out such Legal Actions.<\/li>\r\n\r\n\t\t\t\t<li>If it is necessary to submit additional forms or other documents to initiate Legal Actions, you agree to provide such additional documents. If you have signed an assignment agreement and then an authorization document (or similar), you agree that the authorization document will reassign the rights of the claim to you if we request it.<\/li>\r\n\r\n\t\t\t\t<li>If in99 or the lawyer takes Legal Actions to process a claim, in99 will cover the legal costs incurred, even in the event of losing the case. If we win the case in court or reach an agreement with the airline, in99 will cover any costs not covered by the airline. If applicable, we will submit a claim to recover the legal costs, court costs. The same applies to legal costs, regardless of whether the Legal Actions were taken by in99 directly or by a lawyer on your behalf. To avoid any confusion, in such a case, all refunds, including legal costs and interest, will belong to in99.<\/li>\r\n\r\n\t\t\t\t<li>We cannot control the time your claim may take until the effective recovery of your money, if applicable. You accept and acknowledge that the final outcome of legal actions and the obtaining of compensation for your flight issues may take years and that this circumstance is beyond our control.<\/li>\r\n\r\n\t\t\t\t<h4>Clear Settlements<\/h4>\r\n\r\n\t\t\t\t<li>\r\n\t\t\t\t\t<p class=\"inline\">By way of example, in the event of an extrajudicial recognition of compensation of \u20ac600 by the airline, the amount we would transfer to your account would be as follows: <\/p>\r\n\r\n\t\t\t\t\t<ol type=\"a\" style=\"padding-left: 30px; margin-top: 20px;list-style-type: lower-alpha !important;\">\r\n\t\t\t\t\t\t<li>Claims Service Fee: 25% x \u20ac600 + 21% VAT = \u20ac181.5<\/li>\r\n\t\t\t\t\t\t<li>Net amount to your account: \u20ac600 - \u20ac181.5 = <b>\u20ac418.50<\/b><\/li>\r\n\t\t\t\t\t<\/ol>\r\n\r\n\t\t\t\t\t<p>Please note that in the above example, the VAT rate of 21% has been used. This rate could vary and be higher or lower at the time of issuing the invoice. The example has been based on the most common rate for this type of claim, but please be aware that if it becomes necessary to go to court, you should additionally pay the Legal Actions Fee of \u20ac15 in accordance with these General Terms.<\/p>\r\n\t\t\t\t<\/li>\r\n\r\n\t\t\t\t<h4>Settlement<\/h4>\r\n\r\n\t\t\t\t<li>We, at our Discretionary Authority, may offer or accept individual or collective agreements with the Airline to resolve the Claim for Compensation for flight issues.<\/li>\r\n\r\n\t\t\t\t<li>You acknowledge that the decision to accept a compensation agreement from the airline rests solely with In99, as you have assigned the claim to our company. If we act on your behalf with an authorization, you authorize us to accept or reject settlement offers at our discretion, without the need for your additional consent.<\/li>\r\n\r\n\t\t\t\t<li>in99 may continue with the Claim on your behalf, with or without the assistance of a lawyer. If it is deemed appropriate or legally necessary, we may reassign the rights of the Claim to you, and we will request that you provide us with a new Authorization of Representation so that we can provide you with the Claims Service and collect and\/or receive payments.<\/li>\r\n\r\n\t\t\t\t<li>It is your responsibility to provide the correct information to carry out the compensation service. We will not be responsible for communications, documents, or incorrect information\/data provided by you, nor for any fraudulent conduct on your part. If you intentionally provide us with incorrect information or data, in addition to other resources available under these General Terms, we may request that you reimburse us for the legal costs we have incurred.<\/li>\r\n\r\n\t\t\t\t<h4>Timing of Payment of Fees and Expenses Agreed Upon in this Document<\/h4>\r\n\r\n\t\t\t\t<li>You will be obligated to pay the fees agreed upon in these General Terms only in the event that we obtain an agreement or a judicial or extrajudicial resolution in your favor and effectively sufficient Compensation to cover them is credited to your account or ours. Such fees will be payable in full from the first Compensation amount received that is related to the Claim we initiated on your behalf. If we receive Compensation on your behalf, we will deduct and invoice these items in full from the first amount received, even if it has been received provisionally or definitively. We may receive provisional payments when the judicial resolution is subject to an appeal by the other party. We receive final payments when the judicial resolution ordering payment is final, meaning it has not been appealed by the other party. <\/li>\r\n\r\n\t\t\t\t<h4>Timing of Payment of Funds We May Receive on Your Behalf<\/h4>\r\n\r\n\t\t\t\t<li>We will provide you with a single account statement once we have completed the Claim procedure on your behalf and the Compensation has been paid by the defendant party following a final judicial resolution or extrajudicial settlement that concludes the claim, including interests and costs, if applicable. This means that we may receive amounts in the procedure on different dates, but we will present you with a single account statement when we have received all amounts related to the total Compensation as per a final judicial resolution or extrajudicial agreement. A final judicial resolution means that it is no longer possible for the defendant party to appeal. If the defendant party decides to appeal a resolution in your favor, we may initiate provisional enforcement of the judgment and receive amounts on your behalf provisionally. Payments received provisionally may need to be returned in the event that the judgment is revoked by the appellate or cassation court. If a favorable resolution is ultimately and definitively revoked in a higher instance, by means of this document, you irrevocably authorize us to immediately return any amounts received provisionally to the court.  <\/li>\r\n\r\n\t\t\t\t<li>You will not have the right to claim any interest on the Compensation for flight issues during the period from the time In99 receives it to the time it is transferred to you. In99 reserves the right to retain any interest recovered from the Airline, including those recovered in Legal Actions.<\/li>\r\n\r\n\t\t\t\t<li>In99 will not be responsible for any amount of compensation, damages, or the like if it is unable to transfer the payment to you due to an event beyond its control, including, among others, strikes, lockouts, labor disputes, force majeure, natural disasters, wars, riots, civil disturbances, intentional damage, compliance with a law or order, rule, regulation, or governmental guideline, accidents, breakdowns in equipment or machinery, fires, floods, or storms.<\/li>\r\n\r\n\t\t\t\t<li>The Claims Service Fee and the Fee for initiating legal actions apply to all types of settlements as long as In99 can obtain compensation for flight issues, whether obtained by a court judgment, an agreement with the airline, or when In99 has negotiated the Claim with the airline alongside other Claims.<\/li>\r\n\r\n\t\t\t\t<h4>If Your Case Is Lost<\/h4>\r\n\r\n\t\t\t\t<li>In all claims, there is a possibility that the court may not uphold it and may impose the obligation on the losing party to pay the legal costs of the other party. 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 liable to pay the legal costs incurred by the airline.<\/li>\r\n\r\n\t\t\t\t<li>The vast majority of the claims we are filing against the airlines are being won in court. However, there is a small percentage of claims that are dismissed for various reasons, and we cannot guarantee the outcome of your case.<\/li>\r\n\r\n\t\t\t\t<h4>Goodwill Claim<\/h4>\r\n\r\n\t\t\t\t<li>In jurisdictions where regulations on air passenger rights may be less developed, and obtaining Compensation for flight issues may be less likely, upon your decision to proceed, In99 may attempt to obtain Compensation for flight issues through a Goodwill Claim.<\/li>\r\n\r\n\t\t\t\t<h4>In99's Decision-Making Process Regarding Your Claim<\/h4>\r\n\r\n\t\t\t\t<li>We will use our Discretionary Authority to make decisions about whether to proceed with your Claim during the Eligibility Service or at any time during the Compensation Service, including whether to proceed with your Claim through Legal Actions, make or accept an airline's settlement offer, withdraw the Claim, or file a Goodwill Claim.<\/li>\r\n\r\n\t\t\t\t<li>In99's Discretionary Authority is based on a series of factors, including but not limited to the current regulations on air passenger rights, the jurisdictions and judicial systems in which we may file the Claim, the legal costs and the likelihood that In99 may be able to obtain or be obligated to pay legal costs, the historical behavior of the airline with similar Claims, the average time period it may take to obtain Compensation for flight issues or a favorable resolution through Legal Actions, the quality of the information you have provided regarding your Claim, any fact-based information that may hinder the obtaining of Compensation for flight issues, legal advice, and In99's experience with similar Claims.<\/li>\r\n\r\n\t\t\t<\/ul>\r\n\t\t<\/li>\r\n\r\n\t<!-- #6 Derecho de desistimiento para consumidores y usuarios y Rescisi\u00f3n\u202f  -->\r\n\t\t<li>\r\n\t\t\t<h3>Consumer and User Withdrawal Rights and Termination <\/h3>\r\n\r\n\t\t\t<ul>\r\n\t\t\t\t<h4>Consumer Withdrawal Rights<\/h4>\r\n\r\n\t\t\t\t<li>If you are a consumer in accordance with EU, European Economic Area (EEA), or United Kingdom consumer regulations, you have the right to withdraw from the contract within a period of 14 days from the acceptance of these General Terms and Conditions. You are considered a consumer if you are an individual who contracts our Services for purposes other than your commercial or independent professional activity.<\/li>\r\n\r\n\t\t\t\t<li>You can exercise this right of withdrawal free of charge and without the need to specify any particular reason. To exercise your Right of Withdrawal, you must communicate it, for example, by letter, email, or contact form, within the aforementioned 14-day period, and it must expressly state that you wish to renounce the Compensation Service or Subscription.<\/li>\r\n\r\n\t\t\t\t<li>\r\n\t\t\t\t\t<p class=\"inline-block\">The Withdrawal or Termination must be sent to:<\/p>\r\n\r\n\t\t\t\t\t<address>\r\n\t\t\t\t\t\t<b>You are in99, S.L.<\/b><br>\r\n\t\t\t\t\t\tAvenida Ricardo Soriano 21,<br>\r\n\t\t\t\t\t\tMarbella, M\u00e1laga, 29601<br>\r\n\t\t\t\t\t\tor via<br>\r\n\t\t\t\t\t\temail to: <a href=\"mailto:info@in99.com\">info@in99.com<\/a>.\r\n\t\t\t\t\t<\/address> \r\n\r\n\t\t\t\t\t<p>To request your withdrawal, you can also copy and paste this sample text, including your details. (You are not obliged to use this exact text.) <\/p>\r\n\r\n\t\t\t\t\t<section class=\"modelo-formulario\" aria-labelledby=\"h-modelo-cancelacion\">\r\n\t\t\t\t\t\t<h5 id=\"h-modelo-cancelacion\">Sample cancellation form<\/h5><br>\r\n\r\n\t\t\t\t\t\tI hereby withdraw from the agreement formalized by me:<br>\r\n\r\n\t\t\t\t\t\tIn99 Claim number:<br>\r\n\t\t\t\t\t\tClaim submission date:<br>\r\n\t\t\t\t\t\tCustomer's name:<br>\r\n\t\t\t\t\t\tCustomer's address:<br>\r\n\t\t\t\t\t\tCustomer's signature:<br>\r\n\t\t\t\t\t\tDate: <br>\r\n\t\t\t\t\t<\/section>\r\n\t\t\t\t<\/li>\r\n\r\n\t\t\t\t<li>After the 14-day period for Withdrawal has passed, you may withdraw your acceptance of the Compensation Service or Subscription in accordance with the Terms.<\/li>\r\n\r\n\t\t\t\t<li>If you decide to exercise your right to withdraw from the contract before we begin the execution of the service, typically 24 hours after the acceptance of these General Terms and Conditions, please be aware that in accordance with Article 108.4 of the General Law for the Defense of Consumers and Users 1\/2007, you will be required to pay us the proportional amount for the part of the service already provided at the time you have informed us of your withdrawal, in relation to the total purpose of the contract.<\/li>\r\n\r\n\t\t\t\t<h4>Loss of Withdrawal Right<\/h4>\r\n\r\n\t\t\t\t<li>If the aforementioned 14-day period has passed without the Right of Withdrawal being exercised in a timely manner, you may terminate the contract in accordance with the terms set forth in these General Terms and Conditions under the section \"Consequences of Termination and Renunciation of the Compensation Service\".<\/li>\r\n\r\n\t\t\t\t<li>Given the nature of the service provided, you will not be able to renounce our Compensation Service or Subscription once in99 has informed you that the Airline has accepted the Claim, as we would have then provided the contracted service in its entirety.<\/li>\r\n\r\n\t\t\t\t<li>We also inform you that, in accordance with Article 103 a) of the General Law for the Defense of Consumers and Users 1\/2007, once the execution of the contracted service through this Service Offer has begun, you will not have any right of withdrawal. Part of the contracted services, such as the validation of the documents comprising your case, its legal viability, and the preparation and submission of an extrajudicial claim, typically occur within 24 hours after the acceptance of this Service Offer.<\/li>\r\n\r\n\t\t\t\t<h4>Consequences of Termination and Renunciation of the Compensation Service<\/h4>\r\n\r\n\t\t\t\t<li>Upon termination of the Compensation Service for any reason, you must immediately pay the fees due to in99 under these Terms, including, among others, cases of Customer Withdrawal once the Airline has confirmed the payment of Compensation for flight problems. <\/li>\r\n\r\n\t\t\t\t<li>in99 will not automatically transfer the rights of the Claim to you after Withdrawal or Termination. You must expressly request that we transfer the rights of your Claim, and we will send you a rights transfer form for your signature.<\/li>\r\n\r\n\t\t\t\t<li>\r\n\t\t\t\t\t<p  class=\"inline\">In the event that you withdraw from the Compensation Service or in99 terminates it due to a breach of the Terms on your part, we will have the right to obtain the following from you: <\/p>\r\n\r\n\t\t\t\t\t<ul>\r\n\t\t\t\t\t\t<li>in99's legal costs if we have already initiated legal proceedings; or <\/li>\r\n\t\t\t\t\t\t<li>An amount equal to the legal costs if, following withdrawal, we are required by a judicial authority to pay the legal costs due to the Airline; or <\/li>\r\n\t\t\t\t\t\t<li>in99's Claim Service Fee, and in the case of legal proceedings, the Fee for the initiation of legal actions when you have subsequently obtained compensation for flight problems directly from the Airline.<\/li>\r\n\t\t\t\t\t<\/ul>\r\n\t\t\t\t<\/li>\r\n\r\n\r\n\t\t\t<\/ul>\r\n\t\t<\/li>\r\n\r\n\t<!-- #7 Protecci\u00f3n de Datos y T\u00e9rminos de uso de la web -->\r\n\t\t<li>\r\n\t\t\t<h3>Data Protection and Website Terms of Use<\/h3>\r\n\t\t\t<ul>\r\n\t\t\t\t<li>All personal data collected during the provision of our Services or related to the provision of our Services will be subject to <a href=\"https:\/\/www.in99.com\/en\/privacy-policy-of-in99\" target=\"_blank\" rel=\"noopener\">in99's Privacy Statement<\/a>.<\/li>\r\n\r\n\t\t\t\t<li>The use of our website is subject to in99's <a href=\"https:\/\/www.in99.com\/en\/terms-and-conditions-of-use-web\">in99's Website Terms of Use<\/a>.<\/li>\r\n\t\t\t<\/ul>\r\n\t\t<\/li>\r\n\r\n\t<!-- #8 T\u00e9rminos Generales -->\r\n\t\t<li>\r\n\t\t\t<h3>General Terms<\/h3>\r\n\r\n\t\t\t<ul>\r\n\t\t\t\t<h4>Third-Party Services<\/h4>\r\n\r\n\t\t\t\t<li>Our services may include links to third-party websites or platforms that offer services through such third parties. These websites\/services are controlled by independent third parties, and we have no control over them. Although we provide information and access to these third-party providers, we do not endorse or sponsor such providers.<\/li>\r\n\r\n\t\t\t\t<li>It is important to note that when you access third-party websites\/services or use the services they offer through our services, you will be subject to the policies and terms and conditions of those third parties. We recommend reviewing and understanding such terms and conditions and using them at your own discretion.<\/li>\r\n\r\n\t\t\t\t<li>We will not be responsible for any agreements you make with these third parties, nor will we be liable for errors or omissions in the services provided by them, or for claims or damages arising from the access or use of third-party services.<\/li>\r\n\r\n\t\t\t\t<h4>Disclaimer of Warranties and Limitation of Liability <\/h4>\r\n\r\n\t\t\t\t<li>We collect information and data from various sources to provide our services. While 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 do not offer 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 guarantee that our services will result in Compensation for flight problems, meet your requirements, be secure, be free of viruses or other harmful components, 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 losses or damages, or for loss of income, profits, or goodwill, arising from or related to i) our services, ii) delays or difficulties in accessing our services, iii) viruses, errors, trojans, software, information, third-party websites, or services obtained through our services, iv) or other matters related to our services, whether in contract, tort, or other legal theory, even if we have been advised of the possibility of such damages.<\/li>\r\n\r\n\t\t\t\t<li>These terms do not affect your statutory legal rights that cannot be excluded by law. If you are not satisfied with any part of our services or these terms, you can renounce the services in accordance with these General Terms and Conditions.<\/li>\r\n\r\n\t\t\t\t<h4>Amendments and Entire Agreement <\/h4>\r\n\r\n\t\t\t\t<!-- TODO: url -->\r\n\t\t\t\t<li>Any new feature of our services will be subject to these terms. We reserve the right to modify sections of these terms at any time without prior notice. The latest version will always be available on our website at the URL <a href=\"https:\/\/www.in99.com\/en\/general-terms-of-contract-for-flight-claims\" target=\"_blank\" rel=\"noopener\">https:\/\/www.in99.com\/en\/general-terms-of-contract-for-flight-claims\/<\/a>. We recommend visiting our website periodically to review the changes, as they are binding on you. If you continue to use our services after we have posted changes to these terms or other policies, it will be understood that you accept the changes.<\/li>\r\n\r\n\t\t\t\t<li>These terms constitute the entire agreement between you and In99 and supersede any prior communications (verbal or written) between you and In99.<\/li>\r\n\r\n\t\t\t\t<li>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 third party designated by us.<\/li>\r\n\r\n\t\t\t\t<h4>Applicable Law and Jurisdiction<\/h4>\r\n\r\n\t\t\t\t<li>These terms, the forms, and the agreement between In99 and you, as well as any dispute or claim arising out of or related to them, including non-contractual disputes or claims, shall be governed by the laws of Spain, without regard to conflict of laws. This shall not affect mandatory legal provisions that would apply without this choice of law, such as mandatory legal provisions of the country where you reside. <\/li>\r\n\r\n\t\t\t\t<li>If any provision, or part thereof, of these General Conditions is deemed invalid or unenforceable by a competent court or authority, such invalid provision shall be replaced by a valid provision that most closely achieves the original purpose of the provision, and the remaining terms shall remain valid.<\/li>\r\n\r\n\t\t\t\t<li>Any failure or delay by In99 in enforcing any provision of these terms in whole or in part shall not be interpreted as a waiver of our rights or remedies.<\/li>\r\n\r\n\t\t\t\t<li>In case of conflict between the versions of these terms and conditions in different languages, the Spanish language version shall prevail.<\/li>\r\n\r\n\t\t\t<\/ul>\r\n\t\t<\/li>\r\n\t<\/ul>\r\n\r\n\t<p>Last updated: 08\/06\/2023<\/p>\r\n\t<p>Version: CCGGA1_EN<\/p>\r\n<\/section>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":14,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"template-politicas.php","meta":{"inline_featured_image":false},"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v20.9 - 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