GENERAL TERMS AND CONDITIONS OF RECLAFLY.COM
This document establishes the general terms and conditions for contracting the services of reclafly.com, a service owned by the company NEW ABILITY CONSULTING, S.L (CIF.B-93672350), with its registered office at C/ Decano Oliver y García, 29, 29013, Málaga, and registered in the Commercial Register of Málaga (Volume 5681, Folio 90, Sheet BI-69540).
1. Purpose of the contract and claims procedure
NEW ABILITY CONSULTING, S.L (hereinafter RECLAFLY) will carry out, under a service lease agreement, both out-of-court and judicial claims procedures against airlines and government agencies or entities, with the aim of compensating the client for damages caused by the airline’s failure to comply in cases of flight cancellation, delay, denied boarding, and baggage incidents. The service provided by RECLAFLY, as described in this document, does not involve any initial cost for the client, as RECLAFLY only charges its fees if the claim is successful.
By hiring RECLAFLY’s services, you accept these terms and conditions and commit not to reach an agreement with the airline without our intervention.
Once the online form is completed, we will evaluate the viability of your claim and request the necessary documentation from the client to proceed and permission to initiate the claim with the airline. Once the client confirms the desire to proceed with the claim, RECLAFLY will initiate the claim process. RECLAFLY reserves the right to withdraw from any claim that it considers unfeasible.
RECLAFLY provides a claims service, without being able to guarantee its success as it is not a decision that depends on its discretion, therefore RECLAFLY is not responsible for the actions you carry out on your behalf, such as sending letters or faxes or signing documents whose drafting RECLAFLY has not participated in.
RECLAFLY’s maximum liability in relation to the services provided under this proposal shall be limited to the amount of the fees agreed for the service that gives rise to such liability. RECLAFLY shall not be liable for any consequential, special, or incidental losses, damages or expenses of any kind, even if it has been advised of their possible existence.
2. Fees and payment method
RECLAFLY will advance all expenses on your behalf, so you do not have to make any initial payment. We will only charge you if your claim is successful, but in that case, you will not have to make any payment either, as we will deduct our fees from the compensation paid to you.
If the compensation is paid directly to the client, they will be responsible for transferring the corresponding fees to RECLAFLY.
The fees charged by RECLAFLY in the event of a successful claim are 25% plus VAT of the compensation paid by the airline in the case of out-of-court settlement and 35% plus VAT in the case of settlement following the filing of a lawsuit, either settled by prior agreement or after a favorable judgment.
In the event of obtaining a judgment in which, in addition to the payment of the claimed amount, the airline is also ordered to pay interest and procedural costs, you assign to RECLAFLY the credit that has been generated in your favor for this concept, except for the attorney’s fees, which will not be charged to you as an additional expense as they will be paid by the airline. On the contrary, if the claim is unsuccessful and the airline is awarded costs, RECLAFLY will pay them, so you never have to make any payment.
When payment is made to a country
RECLAFLY will process your claim with the airline and in court if necessary (court proceedings do not include appeals in second instance).
RECLAFLY commits to assuming all costs related to the assigned claim.
Likewise, we assume these costs in the event that RECLAFLY decides not to continue with the matter, without you being able to demand the continuation of the procedure or the payment of any amount.
RECLAFLY commits to keeping you informed of any possible changes and updates that may occur in the claim procedure that we have initiated on your behalf.
Once your claim is completed, and if you request it, RECLAFLY will return all documentation that you have provided to us.
RECLAFLY will collect the obtained compensation (minus our fees) into the current account that you expressly indicate. This payment will be effective and definitive. Once we have obtained the compensation, RECLAFLY will request by email (if you provided it in the form) the details of your bank account to transfer the compensation to you. If we do not receive a response to the first email, we will try again up to 5 times over 12 months. If after those five attempts we do not receive a response from you, we will understand that you have withdrawn, and our fees will be 100% of the compensation.
4. Contract Resolution
You may terminate or withdraw from the contract at any time by informing us in writing via email to email@example.com. In this case, you must pay us all the expenses that RECLAFLY has incurred in processing your claim.
RECLAFLY reserves the right to terminate this contract when we become aware that you have filed a parallel claim to the one initiated by us, you have obtained some type of communication or compensation from the company, and have not informed us properly. In this case, we reserve the right to claim in addition to the generated expenses, the possible damages that may have been caused to us as a result of your breach of contract.
The applicable law to the relationship between the parties is Spanish law and, in accordance with it, the Courts of the consumer’s domicile will be competent to resolve any possible differences that may arise from this contract. In the event that, in accordance with the consumer and user protection regulations, the client does not have the status of a consumer, the Courts of the city of Malaga will be competent to resolve any possible differences.
The declaration of nullity, ineffectiveness, or invalidity of any of these General Terms and Conditions of Contracting will not affect the validity of the remaining conditions, which will remain in force and will be binding on the parties.
The failure of RECLAFLY to exercise any of the rights expressed in these General Terms and Conditions of Contracting will not be interpreted as a waiver of said right.”
6. Data Protection
NEW ABILITY CONSULTING, S.L. with VAT number B92672350 and address at CALLE DECANO OLIVER Y GARCÍA, 29, 29013, MÁLAGA, is the owner of the website and responsible for the processing of personal data that users provide through this website.
RECLAFLY informs users of this website about its policy regarding the processing and protection of personal data of users and clients that may be collected by browsing and using this website.
The purpose of this document is to inform users about what we do with their personal data, how it is collected, what it is used for, their rights as well as all the necessary information established by current regulations.
By using this website, we understand that you have read and understood the information provided in relation to the processing of your personal data.
Our main objective is to process personal data in a lawful, fair and transparent manner.
Collected data, purpose and legality
The personal data processed are those provided by users through the forms available on this website and are the minimum required to send information about our products/services, place orders, as well as to prepare corresponding invoices, inform about the status of orders, attend claims and any other management derived from the service provided through this website.
Such purposes are based on legal principles of data processing collected by current regulations: for the execution of a contract or the provision of a service to users, for compliance with legal obligations, for legitimate interest and with the consent of users.
Data collected for information request through the web form.
The personal data collected through the web form for information request purposes are aimed at sending commercial information about our products and services.
The processing of data in this specific case is legitimized by the express consent that you provide us by accepting the sending of the information provided through the form.
Operations carried out with personal data
Personal data is recorded through the website and stored in electronic media controlled and supervised by the data controller. The media has the necessary technical and organizational measures that guarantee the due confidentiality in the processing of data.
The personnel involved in data processing operations: access, editing, deletion, etc… are qualified for this purpose and trained and committed to our data protection policy.
Personal data will be kept for as long as necessary to attend the purpose/purposes for which it was collected.
Therefore, we will keep your personal information as long as there is a contractual and/or commercial relationship with you or until you exercise your right of deletion, cancellation and/or limitation of the processing of your data.
In these cases, we will keep the information duly blocked, without giving it any use, while it may be necessary for the exercise or defense of claims or any kind of judicial, legal or contractual liability derived from its processing, which must be attended and for which its recovery is necessary.
Protection of minors
This website is not directed to users under the age of 18. If you are under the age of 18, please do not attempt to register as a user. If we discover that we have obtained personal information from a minor by mistake, we will remove such information as soon as possible.
Recipients of your personal data
We inform users that their personal data will not be communicated to third parties, except where such data communication is covered by a legal obligation or where it is necessary to communicate their data to other controllers for the proper provision of the service or the execution of the contract, such as other companies in the group, processors.
In cases where the communication of data to third parties is not covered by the legal bases established in the previous section, the communication of data to other recipients will only be made if the user has given his/her express consent.
RECLAFLY maintains strict