AlloClaim : General conditions of service « AlloClaim »
This Agreement is proposed by Claim Services, SAS with a capital of € 30,000 having its registered office at 16 boulevard Saint Germain 75005 Paris, registered with the RCS Paris under the number 839 676 82 and operating rights related to AlloClaim. In order to facilitate the reading of these general conditions of service, Claim Services will be identified by the term AlloClaim.
Adress : 16 boulevard Saint Germain 75005 Paris (France)
Mail: [email protected]
Claim Services offers a support service designed to facilitate the implementation of the compensation procedures provided for by European regulation EC 261/2004 and by the Montreal and Warsaw conventions granting passengers the right to compensation identified by the AlloClaim service operated by Claim Services.
This contract is a mandate according to the Civil Code. The company AlloClaim acts as an agent in the name and on behalf of the Internet user who has subscribed the service and who agrees to entrust him with the task of submitting a claim for the purpose of obtaining the indemnification provided for by the regulations referred to above.
The Internet user having subscribed declares to be able to conclude the present contract, whose general conditions of service are presented hereafter, that is to say to have the legal majority and not to be under tutorship or curatorship.
This contract is formed by these general terms of service, the elements provided by the Customer and the duly completed power. The validation by the Internet user of his registration implies acceptance of these terms and conditions.
The general conditions are the subject of a confirmation by email after finalization of the subscription of the service by the Internet user.
Right to retract
The subscription of the service gives right to retraction to the Net surfer within 14 days as from the confirmation by email of the validation of his registration by AlloClaim. As a result, this contract can not take effect before the expiry of this period.
Obligations of AlloClaim
- Activate the procedure upon receipt of the requested documents;
- Implement the necessary means to obtain recognition of the right to compensation and the payment of the compensation due pursuant to the European Regulation EC 261/2004 as well as the Montreal and Warsaw Conventions;
- Choose any third party for the purpose of submitting the claim and any Council legally entitled to present and support this claim in court if the procedure appears appropriate, or if the user requires it, all costs being borne by the user;
- Negotiate any transaction on behalf of the Internet user;
Proceed on his behalf to any declaration of claims in the context of collective proceedings against the debtor of the indemnity;
- To cash on behalf of the Net surfer all sums due by the debtor and to return to him his sums after deduction of the commission envisaged with the article Compensation, and this, at the latest, on the expiry of a period of 60 days to effective collection by AlloClaim;
- More generally and in accordance with the provisions of Article 1993 of the Civil Code, report to him on his management and all that he has received under the mandate.Obligations of the user
- Check that his computer installation (hardware and software) allows him to receive, read and follow the AlloClaim service;
- Commit to providing accurate, complete and not misleading information;
- Submit in an electronic version, in original and by registered mail, the supporting documents (tickets, invoices, expense reports, etc.) requested when registering or performing the service, at the postal address mentioned above, will be returned to the user upon request from him;
- Inform AlloClaim of all steps taken with the airline or any other third party, relating to the dispute concerned;
- Agree to pay AlloClaim 25% of the total amount of compensation as a share of the expenses of processing his claim as specified in Article Compensation;
- To accept that the sums that would be allocated to him by a court as irrecoverable costs (Article 700 of the Code of Civil Procedure) or for the costs of proceedings, be kept by the lawyer who has ensured his representation before the court;
- Prohibit any interference in the conduct of the claim, any transaction with the debtor, any parallel legal action without the express prior consent of AlloClaim;
- Immediately inform AlloClaim of any transactional and / or financial agreement entered into directly with the debtor, the amount of the sums paid and their date of payment;
- Accept that for the purposes of the execution of the mandate, AlloClaim, under its responsibility, may transmit to its subcontractors for this sole purpose, the personal data concerning him and which would have been collected at the time of the subscription and the execution of the service;
- Guarantee AlloClaim the consequences of any action by a third party, when this action is based on the provision of false information by the Internet user.
Methods of execution
The Internet informs the appropriate fields of the site concerning him. AlloClaim sends an acknowledgment of receipt of the file by e-mail confirming the registration of the application and the eligibility of the file subject to the provision of the supporting documents necessary for the procedure, which will be returned to him upon request of his share.
In the event that AlloClaim considers that it does not have enough elements to initiate its action, the execution of the service is blocked until verification of the supporting documents. If these documents are not received within 2 months of the request and for no legitimate reason, AlloClaim will cancel the request.
By keeping this email and / or by printing it, the Internet user has proof of his request.
In this e-mail is mentioned the service mandated, the modalities of the execution of the service.
As part of the indemnity mandate and with the agreement of the Internet user, AlloClaim can propose an amicable and / or judicial treatment by partner legal experts.
AlloClaim reserves the right not to accept requests for the purpose of initiating legal proceedings, if it considers them inappropriate given the risk of failure, and documents obtained on the situation of the Internet user.
If the action is nevertheless committed at the express request of the Internet user, while AlloClaim deems the action untimely at the legal or judicial level, all the costs incurred are borne by the Internet user as well as any conviction that would be pronounced against him.
AlloClaim will inform the Internet user of the date of agreement of the compensation by the debtor by e-mail at the latest seven days after obtaining the agreement of compensation.
AlloClaim will inform the Internet user of the receipt or receipt of funds within seven days from that date.
At the end of a period of 60 days after receipt, AlloClaim will make available to the Internet user a commission invoice, showing the compensation between the sums recovered on behalf of the Internet user. and the amounts owed by the Internet user.
AlloClaim is compensated for 25% (+VAT) of the amount of compensation received by the Internet. The remuneration applies to all the files entrusted during the validity of the contract and is considered acquired whatever the management mode and the duration of the interventions.
The commission is acquired from the date of agreement of the compensation by the debtor. It is due on any sum sent by the debtor to the Internet user, or AlloClaim or any third party substituted, as well as on the amount of the assets by the debtor, if the Internet user has expressly accepted this method of payment.
In the case of a reorganization or liquidation, the distributions or dividends paid by the judicial or liquidator administrators will primarily cover the costs of proceedings and enforcement and the cost of the declaration of claim.
AlloClaim can not be held responsible and no compensation can be claimed in case of non-return, loss, destruction resulting from a case of force majeure, the parts that would have been entrusted to him.
Neither party shall be held responsible for the other, for non-performance or for delay in performance of any obligation under this contract that would be due to the other party or to the other party. occurrence of a case of force majeure usually recognized by French case law or courts.
AlloClaim can only be held liable if it has breached one of its obligations, causing direct and certain harm to the user. It is reminded that in case of use by the Internet for professional purposes of the service ,AlloClaim can not be held responsible, except for serious misconduct duly proven, for any damage that may occur due to the use of this service in this context.
The contract takes effect from the expiry of the 14 day cancellation period following the confirmation by email of the validation of the registration by AlloClaim.
AlloClaim retrieves information and personal data called personal data (surname, first name, email address, postal address, etc…) about the Internet. This information is collected for the sole purpose of ensuring the proper performance of the service. Collection forms clearly indicate the optional or mandatory nature of the responses. This information may in this context be transmitted to third-party companies in charge of the execution of the services.
This information and data are also kept for security purposes, in order to comply with legal and regulatory obligations as well as to enable AlloClaim to improve and personalize the content and services offered.