Conditions du service.
Paynow Travel Care S.L.U.
Last update: 5 October 2026
PART I – GENERAL TERMS AND CONDITIONS (COMMON TO ALL PAYNOW SERVICES)
This document is the common Part I. Each service is completed by its specific Part II; in case of conflict, Part II prevails.
1. PARTIES, PURPOSE AND SCOPE
1.1 These contractual terms and conditions (the "Terms") govern the relationship between Paynow Travel Care S.L.U., NIF B70908363, with registered office at Calle Domingo J. Navarro 1, 35002 Las Palmas de Gran Canaria, Spain ("PayNow"), and each passenger identified in the purchase confirmation as the recipient of the PayNow service (the "Customer"), including where the service is purchased by a third party, such as a travel agency, tour operator, booking platform or accommodation provider, on behalf or for the benefit of the Customer.
1.2 The Terms constitute a single text applicable in all European Union and European Economic Area countries in which the service is offered, subject to the mandatory rules referred to in Article 17.
1.3 The Terms consist of Part I, common to all PayNow services, and Part II, specific to the relevant PayNow service. In the event of conflict, Part II shall prevail.
1.4 The relationship is also governed by the purchase confirmation, the Case Form signed by the Customer, PayNow's privacy notice and, for third-party services identified in Part II, the terms of the relevant providers. The Service Key Facts document is an informational summary and does not replace the Terms.
2. NATURE OF THE SERVICE
2.1 The PayNow service (the "Service") includes, within the limits set out in Part II:
a) the RITA! digital assistant, which provides the Customer with information on passenger rights and operational guidance in the event of a Disruption, preliminarily checks whether a Claim exists and guides the collection and transmission of documents (the "Digital Assistant");
b) the assessment, preparation, submission and out-of-court management of complaints/claims against the Carrier to enforce the rights granted to the Customer by the Passenger Rights Legislation (the "Claim Management");
c) where provided for in Part II, the purchase by PayNow, by way of a non-recourse assignment, of certain claims already accrued in favour of the Customer against the Carrier (the "Claim Purchase");
d) where provided for in Part II, services provided directly by third-party providers.
2.2 The characteristic services are the Digital Assistant and Claim Management, provided for all Disruptions indicated in Part II. Where applicable, Claim Purchase is a method of performing Claim Management: after verifying the existence of the Claim, it enables PayNow to enforce the Claim in its own name against the Carrier.
2.3 Any amount due to the Customer in connection with a Disruption is owed exclusively by the liable Carrier, in the cases and within the limits provided by law. The Service does not include any payment by PayNow that is due solely because a Disruption occurred. The only amounts paid by PayNow to the Customer are:
a) the Assignment Price for a Claim held by the Customer against the Carrier that has already arisen, exists, is documented and is based on the Carrier's liability under applicable law (Article 6); or
b) amounts paid by the Carrier and received by PayNow on behalf of the Customer (Article 9).
2.4 The occurrence of a delay, cancellation, baggage problem or other Disruption does not in itself oblige PayNow to make any payment. If the law excludes the Carrier's liability, no Claim arises and PayNow makes no payment; Claim Management remains available to determine whether other Claims exist.
3. DEFINITIONS
3.1 In these Terms, the following terms have the meanings set out below:
a) "Carrier": the airline that operated or should have operated the flight or is otherwise liable to the Customer under the Passenger Rights Legislation;
b) "Passenger Rights Legislation": Regulation (EC) No. 261/2004, as in force on the date of the flight; the Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on 28 May 1999 (the "Montreal Convention"), as made applicable by Regulation (EC) No. 2027/97, as amended by Regulation (EC) No. 889/2002; and any other applicable national or other rules concerning passenger rights;
c) "Journey": the flights and itinerary indicated in the Service purchase confirmation;
d) "Disruption": an irregularity affecting the Customer's Journey or baggage, including delay, cancellation, denied boarding, missed connection, diversion, delayed baggage delivery, baggage loss or baggage damage;
e) "Claim": the Customer's right against the Carrier arising from a Disruption to monetary compensation, reimbursement of expenses or damages under the Passenger Rights Legislation;
f) "Eligible Claim": a Claim meeting all requirements set out in Part II for Claim Purchase;
g) "Verified Amount": the amount of the Eligible Claim established from the documentation provided by the Customer and verified by PayNow under Article 6, within the Purchase Limit;
h) "Purchase Limit": the maximum amount of the Eligible Claim that PayNow purchases, as set out in Part II for each type of Claim;
i) "Assignment Price": the amount PayNow pays to the Customer for the purchase of the Eligible Claim, determined under Article 6.6;
j) "Acquisition Fee": the fixed amount withheld by PayNow from the Assignment Price under Article 6.6;
k) "Case": the Claim Management request opened by the Customer with PayNow in relation to a Disruption;
l) "Case Form": the form, including electronic form, by which the Customer grants the Mandate and, where the Customer requests Claim Purchase, makes the assignment proposal;
m) "Mandate": the instruction by which the Customer authorises PayNow to manage, in the Customer's name and on the Customer's behalf, Claims that have not been assigned;
n) "Collaborators": PayNow personnel and the professionals and service providers engaged by PayNow to provide the Service;
o) "Business Day": each day from Monday to Friday, excluding national public holidays in Spain;
p) "Fixed-Price Mode": activation of the Service before departure, with payment of the price indicated at purchase (Article 4.1);
q) "Commission-Based Mode": activation of Claim Management after the Disruption has occurred, without payment of a purchase price (Article 4.2);
r) "Management Fee": a 25% fee, inclusive of any applicable taxes, on amounts recovered from the Carrier on behalf of the Customer, due only in Commission-Based Mode.
4. PURCHASE AND ACTIVATION OF THE SERVICE
4.1 Fixed-Price Mode. The Service may be purchased up to the departure of the first flight of the Journey, at the price indicated at purchase. In this mode, all services specified in Part II are available.
4.2 Commission-Based Mode. The Customer may activate Claim Management also after the Disruption has occurred, through the Digital Assistant or the channels indicated in Article 7.1, without paying a purchase price. In this case:
a) PayNow provides the Digital Assistant and Claim Management for the Disruption identified by the Customer;
b) PayNow retains a 25% Management Fee on amounts recovered from the Carrier on behalf of the Customer; if nothing is recovered, nothing is due;
c) Claim Purchase is not available, as it is a method of performance reserved for Services activated in Fixed-Price Mode.
If the Customer has not purchased any Service, Commission-Based Mode is governed by the Travel Safe Terms for flight Disruptions and the Luggage Safe Terms for baggage Disruptions, which the Customer accepts upon activation.
4.3 Disruption already known. If, at the time of purchase, the Customer is already aware of a Disruption relating to the Journey, the price paid will be refunded in accordance with Article 12.4 and the Service will be provided for the entire Journey in Commission-Based Mode.
4.4 The Service applies exclusively to the Journey and passengers identified in the purchase confirmation. The Journey data (flight number, date, names) must be correct; PayNow is not liable for consequences arising from incorrect or incomplete data provided at purchase.
4.5 The Service is active from purchase until completion of the Journey. Claim Management continues until the Case is concluded.
5. CLAIM MANAGEMENT
5.1 Upon receipt of the Case Form and complete documentation, PayNow, directly and/or through Collaborators:
a) assesses whether, based on the documentation and Passenger Rights Legislation, a Claim exists;
b) prepares and submits the formal claim to the Carrier within 4 Business Days;
c) manages correspondence and negotiations with the Carrier;
d) informs the Customer of the outcome.
5.2 PayNow manages Claims that have not been assigned in the Customer's name and on the Customer's behalf under the Mandate, and Claims purchased under Article 6 in its own name. The complaint/claim may cover both categories jointly.
5.3 Under the Mandate, the Customer authorises PayNow and the Collaborators to submit the claim, communicate with the Carrier, provide documentation, negotiate, receive payments due from the Carrier where possible and accept the Carrier's payment proposals. If a proposal is lower than the amount requested, PayNow informs the Customer before accepting it; the Customer may object within 5 Business Days of the notice.
5.4 If the Carrier rejects the claim or does not respond, PayNow informs the Customer and indicates available out-of-court initiatives, such as recourse to the national body responsible for enforcement of Regulation (EC) No. 261/2004 or an alternative dispute resolution procedure, which PayNow may submit on the Customer's behalf under the Mandate. Court proceedings relating to Claims that have not been assigned are not part of the Service: the Customer remains free to pursue them directly or through a professional of the Customer's choice. For Claims purchased under Article 6, PayNow decides autonomously, in its own name and at its own expense, whether to take action against the Carrier.
5.5 PayNow performs Claim Management with the professional diligence required. The outcome of a claim depends on the Carrier and applicable law: PayNow assumes no obligation as to the result or the amount recovered. The Carrier's response times are outside PayNow's control.
6. CLAIM PURCHASE (NON-RECOURSE ASSIGNMENT)
6.1 Scope. Only in the cases provided for in Part II and in Fixed-Price Mode, as a method of performing Claim Management, PayNow purchases from the Customer, by way of a non-recourse assignment, the Eligible Claim actually due to the Customer against the Carrier, after verifying the documentation and the legal basis for the Carrier's liability, within the Verified Amount. PayNow does not purchase future, hypothetical or undocumented claims, claims for which the law excludes the Carrier's liability, or claims for amounts exceeding those actually due to the Customer.
6.2 Customer proposal. The Customer who wishes to assign the Claim submits the request through the Case Form within the deadlines specified in Part II, attaching the required documentation. By signing the Case Form, the Customer proposes to assign the Eligible Claim to PayNow under the terms of this Article. The proposal is irrevocable for 10 Business Days.
6.3 Verification. Based on the documentation and objective criteria set out in Part II, PayNow verifies: a) the Customer's identity and the Journey; b) the Disruption; c) the legal basis for the Carrier's liability; d) the existence, legal basis and amount of the Claim; e) the absence of prior assignments, mandates, payments, settlements or waivers relating to the same Claim.
6.4 Verified Amount. The Verified Amount equals the amount of the Eligible Claim established from the documentation, within the Purchase Limit. The Purchase Limit is a maximum amount and does not determine the amount actually purchased. The Purchase Limit is set out in Part II for each type of Claim and is identical for all Customers, regardless of the price paid for the Service.
6.5 Decision and completion. Within 4 Business Days after receipt of the Case Form and complete documentation, PayNow informs the Customer of the verification outcome. If the outcome is positive, PayNow accepts the proposal stating the Verified Amount and the Assignment Price: the assignment is completed upon that notice. If the outcome is negative, in whole or in part, PayNow informs the Customer of the reasons; the portion of the Claim not purchased remains with the Customer and may be managed by PayNow under the Mandate.
6.6 Assignment Price and Acquisition Fee. The Assignment Price equals the Verified Amount less a fixed Acquisition Fee of €15 per assigning passenger, which remunerates documentary verification, completion of the assignment and management of the purchased Claim. The Acquisition Fee is identical for all Claims and does not vary according to the amount of the Claim, the Carrier, timing or probability of recovery. The Acquisition Fee is withheld only once per passenger and Journey, from the first Assignment Price paid, even if PayNow purchases multiple Claims of the same passenger; it is not due if PayNow purchases no Claim. If the Verified Amount does not exceed the Acquisition Fee, PayNow does not proceed with the purchase and the Claim remains with the Customer.
6.7 Payment. PayNow pays the Assignment Price within the period indicated in Article 6.5, by bank transfer to an account held in the Customer's name or by another payment method indicated by PayNow. If PayNow requests further information under Articles 7.2 or 10, the period runs from receipt of the requested information.
6.8 Effects of the assignment. Upon completion of the assignment, PayNow becomes the holder of the assigned Claim, within the Verified Amount and including related interest and ancillary rights, and may enforce it in its own name. The Customer does not waive any right against the Carrier: the Customer transfers to PayNow only the assigned Claim. Any portion of the Claim exceeding the Verified Amount and any other right not assigned, such as the compensation provided by Article 7 of Regulation (EC) No. 261/2004, remains with the Customer.
6.9 Non-recourse nature. The assignment is non-recourse. PayNow assumes the risk that the Carrier does not pay, pays only in part, disputes its liability, rejects the claim or becomes insolvent, and for those reasons PayNow may not require the Customer to return the Assignment Price. The Customer is liable only for the truthfulness of the facts declared, the authenticity of the documents provided and the absence of prior assignments, payments, settlements or waivers concerning the assigned Claim.
6.10 Repayment. PayNow may request repayment of the Assignment Price only if: a) the assigned Claim did not exist, in whole or in part, due to untrue statements or inauthentic or altered documents; b) the assigned Claim had already been assigned to third parties, paid, settled or waived before the assignment; c) after the assignment, the Customer assigned to third parties, settled or waived the assigned Claim, or otherwise prejudiced its recovery. Repayment is limited to the portion of the Assignment Price corresponding to the affected Claim. Outside these cases, the recovery risk remains with PayNow.
6.11 Notice to the Carrier. PayNow notifies the Carrier of the assignment. The Customer authorises PayNow to send the Carrier the Case Form and the information required to evidence the assignment.
6.12 Payments received by the Customer. If the Carrier pays the Customer directly amounts relating to the assigned Claim, the Customer receives them on behalf of PayNow and transfers them to PayNow within 10 Business Days of receipt.
6.13 Assignment not enforceable against the Carrier. If, under the law applicable to the Claim or the Carrier's conditions, the assignment is not enforceable against the Carrier or the Carrier pays only to the passenger, the Customer grants PayNow an irrevocable mandate, also in PayNow's interest, to enforce the assigned Claim in the Customer's name and collect the relevant amount, without prejudice to the obligation under Article 6.12. In such case as well, the recovery risk remains with PayNow.
6.14 Allocation of payments. If the Carrier pays a single amount for the same Disruption without indicating which Claims it relates to, the amount is allocated between the assigned Claim and unassigned Claims in proportion to the respective amounts claimed.
7. OPENING OF THE CASE, DOCUMENTS AND DEADLINES
7.1 The Case is opened through the channels indicated in the purchase confirmation (RITA! Digital Assistant or dedicated link) or by email to info@paynowsolution.com, stating the purchase confirmation number in the subject line; in Commission-Based Mode, through the Digital Assistant available at www.paynowsolution.com.
7.2 The documentation required and the deadlines for submitting it are set out in Part II. PayNow may contact the Customer by email, telephone or WhatsApp to request additional information.
7.3 The deadlines in Part II are intended to allow timely verification of documents while they remain verifiable with the Carrier and Journey providers, and to submit the claim within the deadlines applicable under the Passenger Rights Legislation. After those deadlines, PayNow does not proceed with Claim Purchase and/or closes the Case without reopening, as provided in Part II.
7.4 Closing the Case does not extinguish the Customer's rights against the Carrier, which the Customer remains free to enforce directly.
8. CUSTOMER OBLIGATIONS AND DECLARATIONS
8.1 The Customer declares and undertakes to: a) provide correct, complete and truthful information and authentic, unaltered documents; b) not have entrusted the same Claim to other persons or entities (claim management companies, lawyers or other representatives), assigned it, received payments or entered into settlements or waivers relating to it; c) inform PayNow within 5 Business Days of any communication, proposal or payment received from the Carrier or third parties in relation to the Disruption; d) cooperate with PayNow and provide the documents reasonably requested.
8.2 Throughout the Case, the Customer shall not entrust management of the same Claims to third parties or submit parallel claims to the Carrier without informing PayNow. After assignment, the Customer shall not assign the assigned Claim to third parties, settle it, waive it or request payment of it from the Carrier.
8.3 In the event of breach of Articles 8.1 or 8.2, PayNow may suspend or discontinue Claim Management and, in the cases provided for in Article 6.10, request repayment of the Assignment Price.
8.4 For minors or persons lacking legal capacity, the Case Form shall be signed by their legal representative within the limits permitted by applicable law.
9. AMOUNTS RECOVERED ON BEHALF OF THE CUSTOMER
9.1 Amounts paid by the Carrier to PayNow or the Collaborators in relation to Claims that have not been assigned are transferred to the Customer within 4 Business Days of receipt, net only of the fees provided for in Article 4.2 or Part II.
9.2 If the Carrier pays only to the passengers, PayNow provides the Carrier with the Customer's bank details; payment timing depends on the Carrier.
9.3 Payments are made by bank transfer to an account held in the Customer's name, PayPal or another method indicated by PayNow. If the Service covers several passengers, each passenger must provide an account held in their own name.
10. VERIFICATION AND FRAUD PREVENTION
10.1 To protect the proper operation of the Service, PayNow may carry out checks on documents and information received, including document authenticity checks, requests for additional information or evidence and cross-checks with Carriers, accommodation providers, transfer companies, car rental companies and other Journey providers.
10.2 In the event of a substantiated suspicion of fraud, untruthful statements, missing required documents, discrepancies between the information provided and information verified, or attempts to obtain payments not due, PayNow may suspend verification or payment, request further documentation, decline Claim Purchase, discontinue Claim Management and report the matter to the competent authorities.
11. SERVICE PRICE AND FEES
11.1 The Service price is indicated at purchase or, if the Service is included in a distributor's offer, is included in the price of that offer. The price is paid at purchase and is fixed: it does not vary depending on whether a Disruption occurs. The price remunerates the Digital Assistant, Claim Management, verification activities and the services included in Part II. The price of different PayNow Services varies according to the Digital Assistant and Claim Management activities included in each Service, as described in Part II.
11.2 Unless otherwise provided in Article 4.2 or Part II, PayNow does not charge fees on amounts recovered from the Carrier on behalf of the Customer.
11.3 Claim Purchase is subject exclusively to the Acquisition Fee provided for in Article 6.6.
11.4 In Commission-Based Mode, no purchase price is due and only the Management Fee provided for in Article 4.2 applies.
12. CANCELLATION AND WITHDRAWAL
12.1 The Customer may cancel the Service with a full refund of the price up to 48 hours before the scheduled departure time of the first flight of the Journey by sending a request to info@paynowsolution.com. The date and time recorded by PayNow's systems shall be conclusive unless proven otherwise.
12.2 After that deadline, the price is non-refundable because the Service remains available to the Customer for the entire Journey. The Service may not be cancelled after a Case has been opened, without prejudice to Article 4.3.
12.3 Any mandatory withdrawal rights available to the Customer under applicable law remain unaffected. If the Customer has requested that the Service begin before expiry of the withdrawal period, a proportionate amount is due for services already performed up to the notice of withdrawal.
12.4 The refund is made using the same payment method used for the purchase within 14 days of the request. If the Service was purchased through a distributor, the refund may be made through the distributor.
12.5 Cancellation of third-party services identified in Part II is governed by Part II.
13. LIABILITY
13.1 PayNow is not liable for acts or omissions of the Carrier, airports, accommodation providers or other third parties, for delays or refusals by the Carrier in handling claims, nor for consequences arising from incorrect or incomplete information provided by the Customer or failure by the Customer to comply with deadlines.
13.2 PayNow is not liable for indirect or consequential damage. Subject to cases of wilful misconduct or gross negligence and other liabilities that cannot be excluded or limited by law, PayNow's total liability for performance of the Service shall not exceed the price paid for the Service or, in Commission-Based Mode, the amount of the Management Fee calculated on the amounts claimed from the Carrier in the Case.
13.3 The limitation in Article 13.2 does not apply to PayNow's obligation to pay the Assignment Price for a completed assignment or to transfer to the Customer amounts collected on the Customer's behalf.
14. PERSONAL DATA
14.1 PayNow processes the Customer's personal data as data controller under Regulation (EU) 2016/679 ("GDPR") to provide the Service, verify Cases, manage claims and actions against the Carrier, make payments, prevent fraud and comply with legal obligations.
14.2 The legal bases for processing are performance of the contract, compliance with legal obligations and PayNow's legitimate interest in preventing fraud and protecting its rights.
14.3 Data are disclosed, to the extent necessary, to the Carrier, Collaborators, PayNow's technical, administrative and payment providers and, where provided for in Part II, third-party service providers.
14.4 The Customer may exercise the rights under Articles 15-22 GDPR by writing to info@paynowsolution.com and may lodge a complaint with the competent supervisory authority. Further information is contained in PayNow's privacy notice.
15. COMMUNICATIONS
15.1 Communications between PayNow and the Customer take place electronically, at the email address provided by the Customer or through PayNow's digital channels. The Customer shall promptly inform PayNow of any change to their contact details.
16. LANGUAGE
16.1 The Terms are available in Italian, English, Spanish, French, German and Portuguese. The contract is concluded in the language used for the purchase; in the event of discrepancy between versions, the version in that language shall prevail.
17. GOVERNING LAW, JURISDICTION AND COMPLAINTS
17.1 The contract between PayNow and the Customer is governed by Spanish law. This choice does not deprive a consumer Customer of the protection granted by mandatory rules of the law of the country in which the Customer has habitual residence (Article 6 of Regulation (EC) No. 593/2008, "Rome I").
17.2 The assignability of the Claim, the relationship between PayNow and the Carrier, and the conditions for the assignment to be enforceable against the Carrier are governed by the law applicable to the assigned Claim (Article 14 of Rome I).
17.3 A consumer Customer may bring proceedings against PayNow before the courts of Spain or of the country in which the Customer is domiciled; PayNow may bring proceedings against a consumer Customer only before the courts of the country in which that Customer is domiciled (Articles 17-19 of Regulation (EU) No. 1215/2012). Any other mandatory rules on jurisdiction remain applicable.
17.4 Complaints relating to the Service may be sent to info@paynowsolution.com; PayNow will respond within 30 days. The Customer retains any rights to use dispute-resolution mechanisms provided by law.
18. FINAL PROVISIONS
18.1 If any clause is invalid or unenforceable, the remaining clauses remain in force; where possible, the invalid clause shall be replaced by a lawful provision that reflects its purpose.
18.2 Amendments to the Terms do not apply to Services purchased before their publication.
18.3 Nothing in the Terms excludes or limits rights available to the Customer under mandatory law.