Loading...
Submitting, please wait...
Privacy Policy
This Privacy Policy will apply to personal data that users of the website www.reclamarea.com provide to Reclamarea, as well as to any other data they may communicate during the development of a contractual relationship with the company.
This privacy policy applies only to personal data collected through www.reclamarea.com.
1 For what purpose do we process your personal data?
In compliance with current data protection regulations, Reclamarea informs you that it will only process your personal data to the extent that it is adequate, relevant, and limited to what is strictly necessary for the purposes for which it is collected.
In this regard, you may freely provide your personal data to Reclamarea through the various procedures established for this purpose, which will process it for the following purposes, provided that the User has given their specific, informed, and unequivocal consent:
The defense of your interests and the management of the professional assignment constitute the subject of the General Conditions, of which this document forms an integral part. To use Reclamarea's professional services, you must provide appropriate identification. For this purpose, Reclamarea may process identification, contact, financial, and banking information. The sending of commercial information related to Reclamarea and its services. For this purpose, Reclamarea may process identification and contact information. The sending of commercial information from third parties that may be of interest to you.
2 What is the legitimacy for processing your data?
The legal basis for processing your data by Reclamarea may consist of:
The existence of a contractual relationship with Reclamarea, which will process your personal data for the execution of the professional assignment. Compliance with a legal obligation applicable to Reclamarea. Your freely given, specific, informed, and unequivocal consent. You may withdraw your consent at any time, through the means available to Reclamarea. Users guarantee that the personal data provided is true, accurate, complete, and up-to-date, as you will be solely responsible for any direct or indirect damage or harm that may arise as a result of breaching this obligation.
Likewise, in order to guarantee the quality and update of data, you must notify Reclamarea of any changes that may occur in the data provided.
3 How long will we retain your data?
Your personal data will be retained for different periods, depending on the purpose for which it is processed:
Client data: Data will be retained for the time necessary to fulfill the professional assignment entrusted to us. After this period, Reclamarea may retain this data to comply with legal obligations requiring its retention. Data based on consent: Data will be retained from the time you provide it until you withdraw your consent, using the means available to Reclamarea for this purpose.
4 To which recipients will your data be communicated?
Reclamarea follows ethical standards and respects your privacy. Except in cases where we transfer or share your data, either as required by law or in compliance with the professional assignment entrusted to us, we will not share your personal data with third parties without your free, specific, informed, and unequivocal consent.
For illustrative purposes only, Reclamarea may be required by law to communicate your data to the Public Administration and other jurisdictional bodies.
Likewise, to fulfill the professional assignment, we may communicate your data to entities against which claims are filed or to courts and tribunals, as well as to other professionals whose intervention is necessary for this purpose, including, but not limited to, solicitors, notaries, registries, experts, or bankruptcy administrators.
We inform you that third parties may access your personal data on behalf of Reclamarea, for the sole purpose of providing the requested services. These third parties will be considered data processors and offer sufficient guarantees to implement appropriate technical and organizational measures to comply with current regulations.
6. What are the purposes of using cookies?
Reclamarea uses cookies on www.reclamarea.com for users who browse the website. Cookies are files sent to the browser via a web server to record user activity during their browsing time. The use of cookies allows the reclamarea.com server to recognize the user's web browser, making browsing easier by identifying you when you visit our website and preserving your login status. It also allows us to measure audience and traffic parameters, monitor the progress and number of visits, save session data, and remember the most relevant user transactions.
Users can configure their browser to be notified when they receive cookies and prevent their installation. For more information, see our Cookie Policy.
Terms & Conditions
1. Purpose of the contract and claims procedure
RECLAMAREA will handle, under a service lease agreement, both out-of-court and in-court claims before airlines and government entities or agencies, in order to compensate the customer for any breach by the airline in the event of cancellation, delay, denied boarding, and incidents related to hand luggage.
The service provided by RECLAMAREA does not entail any initial outlay for the client, as RECLAMAREA only charges its fees if the claim is successful.
By contracting RECLAMAREA's services, the customer accepts these terms and conditions and agrees not to enter into any agreement with the airline without our intervention.
Once the online form is completed, we will assess the viability of the customer's claim and request the necessary documentation to proceed, along with permission to initiate the claim from the airline. Once the customer's desire to proceed with the claim has been confirmed, RECLAMAREA will initiate the process. RECLAMAREA reserves the right to withdraw any claim it deems unviable.
RECLAMAREA provides a claims service, but cannot guarantee the success of the claim, as this decision is not at its discretion. Therefore, RECLAMAREA is not responsible for any actions the client undertakes on their own, such as sending letters or faxes, or signing documents drafted by RECLAMAREA without any involvement.
RECLAMAREA's maximum liability in connection with the services provided shall be limited to the amount of the agreed-upon fees for the service giving rise to such liability. RECLAMAREA 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
RECLAMAREA will advance all expenses for the client, so they won't have to make any initial outlay. We will only charge if the claim is successful. In that case, the client will also not incur any outlay, as we will pay the compensation less our fees.
If the compensation is paid directly to the client, they will be responsible for transferring the corresponding fees to RECLAMAREA. The fees that RECLAMAREA receives will be as follows:
- In the event of a successful resolution of the claim through judicial or extrajudicial means in cases of cancellation, delay, or overbooking, the fee will be 30% plus VAT of the compensation obtained.
- In the event of a successful resolution of the claim for improperly charged carry-on baggage, the fee will be 35% plus VAT of the compensation obtained.
In the event of obtaining a judgment ordering the company to pay interest and court costs in addition to the amount claimed, the client assigns the resulting credit to RECLAMAREA, except for the attorney's fees, which will not be charged to the client as the company must pay them. If the claim is unsuccessful and the company is awarded court costs, RECLAMAREA will pay them, so the client will never be out of pocket for legal fees.
3. Obligations of the parties
Customer Commitments
In order to process the claim, we require the customer to sign an authorization to represent them by email, fax, or postal mail.
Additionally, you must provide us with a valid email address and agree to notify us if that address changes. RECLAMAREA will only communicate with you via the email address or phone number you provide. It is very important that you notify us of any changes to your email address or phone number.
Should it be necessary to file a claim through legal means, the client agrees to grant the lawyer a power of attorney or an apud acta, if necessary. In this case, we will inform you appropriately so that this can be done as soon as possible.
Once the contract has been accepted and the RECLAMAREA process has begun, if the company contacts the customer, they must indicate that any communication regarding the claim should be made through us. Furthermore, if they send you a letter or email, you must send it to us as soon as possible.
The client agrees to provide RECLAMAREA with all the documentation and information we may request, ensuring that it is accurate, truthful, and complete. This is an essential requirement for processing the claim. Therefore, if the complete documentation is not sent to us, RECLAMAREA may terminate the contract.
If, after initiating a claim through RECLAMAREA, the customer receives any type of compensation, monetary or otherwise, directly from the company or through a third party (claims platform, consumer association, airport authorities, etc.), they agree to inform us immediately. In this case, the customer must pay us our fees of 30% + VAT of the compensation received or, if the compensation was in kind through a travel voucher, the equivalent of 30% + VAT or 35% + VAT of said amount. If the amount of the voucher is unclear, the fees will be calculated based on the amount initially established by RECLAMAREA. If RECLAMAREA receives said voucher directly, RECLAMAREA reserves the right to withhold its fees until it has received the full amount of its fees.
Además, si una vez iniciada la reclamación a través de RECLAMAREA, comprobamos que el cliente...
Do you have the correct documents?
Before you board the plane, airlines must check you have the necessary documents for your destination. If you do not, they are entitled to deny boarding, and do not have to pay compensation.
Example documents you may need to show:
Example documents you may need to show:
- Valid passport or other accepted ID
- Valid visa
- Proof of return ticket
- Negative Covid-19 test result
- Passenger locator form
Agreement
Por la presente “EL CLIENTE” apodera expresamente a RECLAMAREA, (en adelante “EL CESIONARIO”) para que en su nombre y representación reclame ante la compañía aérea detallada en la parte superior del documento y gestione el cobro de la indemnización correspondiente, realizando cualquier actuación necesaria ante organismos o administraciones competentes (AESA, AENA).
Asimismo, El Cliente autoriza a El Cesionario a través de sus asesores y/o abogados, a comparecer en su nombre ante cualquier Juzgado, Audiencia o Tribunal, ordinario o especial, de cualquier jurisdicción, incluyendo procedimientos de mediación o arbitraje, para iniciar, seguir o terminar cualquier expediente, juicio o procedimiento necesario para la correcta resolución de la reclamación.
El Cliente autoriza a EL CESIONARIO a solicitar a la aerolínea que no procese sus datos personales en relación con la Reclamación conforme a las leyes de protección de datos personales aplicables, solicitando que, en un plazo de 10 días, la aerolínea proceda a la cancelación de sus datos personales, salvo aquellos necesarios para verificar la reclamación y aquellos que tengan por objeto un programa de puntos o de fidelización y que, por tanto, en ningún caso, se proceda a la cancelación de datos de un programa de puntos o de fidelización pero sí a la cancelación de otro fichero de datos de carácter personal. Se tiene por aceptado lo establecido en los Términos y Condiciones de la web www.reclamarea.com.
