Terms of Service

These General Terms of Service ("Terms") govern the use of the Tomo Flight Claim platform and services. By creating an account or submitting a claim, you agree to be bound by these Terms, the Assignment Agreement, and the Privacy Policy.

1. Service Description

1.1. Tomo Flight Claim provides an automated claims management service ("Compensation Service") for air passenger compensation under EU Regulation (EC) No 261/2004 ("EU261").

1.2. The Compensation Service includes: assessing flight disruption claims using regulatory analysis, preparing and sending formal demand letters to airlines, tracking claim status, and where necessary, escalating claims by filing complaints with National Enforcement Bodies (NEBs) and referring claims to alternative dispute resolution (ADR) schemes.

1.3. Tomo Flight Claim also provides a free, self-service analysis tool that allows users to check flight disruption details and download evidence reports without submitting a claim. Use of the analysis tool does not create a contractual relationship and is not governed by the Assignment Agreement.

1.4. Tomo Flight Claim does not provide legal representation and does not initiate court proceedings. If a Claim cannot be resolved through demand letters, NEB complaints, or ADR, Tomo Flight Claim will reassign the Claim back to you so that you may pursue it independently.

2. No-Win, No-Fee

2.1. The Compensation Service operates on a no-win, no-fee basis. You are not required to make any upfront payment, and no charges apply unless Tomo Flight Claim successfully obtains Flight Compensation on your behalf.

2.2. If Tomo Flight Claim is unsuccessful in obtaining Flight Compensation, you owe nothing. Tomo Flight Claim bears all costs incurred in pursuing the Claim.

3. Service Fee

3.1. The Service Fee is 30% (thirty percent) of the gross Flight Compensation obtained, inclusive of applicable VAT.

3.2. This is a flat rate. No additional fees are charged for follow-up letters, NEB complaints, ADR referrals, or any other escalation steps. The rate is fixed at the time of claim submission and will not change.

3.3. The Service Fee is deducted from the Flight Compensation before your share is transferred to you. You will receive a clear breakdown showing the gross compensation, Service Fee, and net payment.

4. Claim Submission and Assignment

4.1. By submitting a claim, you enter into the Assignment Agreement, which transfers legal ownership of the Claim to Tomo Flight Claim. The Assignment Agreement forms an integral part of these Terms.

4.2. You confirm at the time of submission that:

• You are the passenger named in the booking, or are duly authorized to act on their behalf;
• The flight details and personal information provided are accurate and complete;
• You have not assigned, transferred, or pledged the Claim to any other party;
• You are not pursuing the Claim by any other means, directly or through a third party;
• No legal dispute is pending or expected between you and the Airline on the same matter.

4.3. Tomo Flight Claim reserves the right to decline a claim at its sole discretion, including but not limited to cases where the claim lacks sufficient merit, the expected compensation does not justify pursuit, or enforcement is impractical.

5. Your Obligations During Claim Processing

5.1. You must not independently contact, negotiate with, or accept payments from the Airline regarding the Claim. Any contact from the Airline concerning the Claim must be forwarded to Tomo Flight Claim immediately.

5.2. If you receive any direct payment, voucher, travel credit, or other compensation from the Airline in connection with the Claim after submission, you must notify Tomo Flight Claim immediately. Such payments constitute Flight Compensation and the Service Fee applies.

5.3. You agree to cooperate with Tomo Flight Claim by providing additional documentation or information reasonably requested for claim processing or escalation.

5.4. You must keep your account contact details up to date to ensure Tomo Flight Claim can communicate claim developments and transfer payments.

6. Claim Processing and Escalation

6.1. Upon submission, Tomo Flight Claim will automatically generate and send a formal demand letter to the Airline's customer relations department, requesting payment within 6 weeks.

6.2. If the Airline fails to respond or pay within a reasonable period, Tomo Flight Claim may, at its discretion, send follow-up communications, file formal complaints with the relevant National Enforcement Body (NEB), or refer the Claim to an alternative dispute resolution (ADR) scheme.

6.3. Tomo Flight Claim determines the strategy for pursuing each Claim, including timing and escalation steps. While Tomo Flight Claim will use reasonable efforts to keep you informed, operational decisions are made by Tomo Flight Claim as the legal owner of the Claim.

6.4. If all available escalation channels are exhausted without success, Tomo Flight Claim will reassign the Claim back to you and notify you, so that you may pursue further action independently (including legal proceedings) if you wish.

7. Payment of Compensation

7.1. When Flight Compensation is received from the Airline, Tomo Flight Claim will deduct the Service Fee and transfer Your Share within 14 business days of receipt of cleared funds.

7.2. Payment will be made by bank transfer to the account details provided in your Tomo Flight Claim profile. You are responsible for ensuring your payment details are correct.

7.3. If Tomo Flight Claim is unable to transfer Your Share due to incorrect or incomplete payment details, the amount will be held for a period of 12 months. If no valid payment details are provided within this period, Tomo Flight Claim reserves the right to treat the amount as forfeited.

8. Right of Withdrawal

8.1. You have a 14-day cooling-off period from the date of claim submission to withdraw free of charge, in accordance with EU Directive 2011/83/EU.

8.2. Withdrawal after 14 days is permitted subject to the conditions set out in Section 7 of the Assignment Agreement.

8.3. To withdraw, send a clear statement to claims@claim261.eu. Upon valid withdrawal, the Claim will be reassigned to you.

9. Account and Security

9.1. You must provide accurate information when creating an account. You are responsible for maintaining the confidentiality of your login credentials.

9.2. Tomo Flight Claim may suspend or terminate accounts that violate these Terms or that are used for fraudulent purposes.

10. Limitation of Liability

10.1. Tomo Flight Claim does not guarantee a successful outcome for any Claim. Our eligibility assessment is based on available data and applicable regulations, and does not constitute legal advice.

10.2. Tomo Flight Claim's total liability is limited to the Service Fee received for the relevant Claim. Tomo Flight Claim shall not be liable for indirect, consequential, incidental, or punitive damages.

10.3. Tomo Flight Claim is not liable for delays or failures caused by circumstances beyond its reasonable control, including changes in legislation, regulatory backlogs, airline insolvency, or force majeure events.

11. Intellectual Property

11.1. All content on the Tomo Flight Claim platform, including text, design, software, proprietary algorithms, and generated documents, is the property of Tomo Flight Claim and protected by applicable intellectual property laws.

11.2. You may not reproduce, distribute, or commercially exploit any Tomo Flight Claim content without prior written consent.

12. Governing Law

12.1. These Terms are governed by the laws of the Federal Republic of Germany, without regard to conflict of laws provisions.

12.2. This choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence, in accordance with Article 6(2) of Regulation (EC) No 593/2008 (Rome I).

12.3. Disputes shall be subject to the jurisdiction of the courts of Berlin, Germany, without prejudice to your right to bring proceedings in the courts of your domicile under applicable EU consumer protection regulations.

13. Amendments

13.1. Tomo Flight Claim may amend these Terms from time to time. Material changes will be communicated via email or through the platform. Continued use of the service after notification constitutes acceptance.

13.2. Amendments do not apply retroactively to Claims already submitted under a prior version of these Terms.

14. Contact

For questions about these Terms, contact us at claims@claim261.eu.