Contrat de cession

L'intégralité du contrat ci-dessous est fournie en anglais. La version anglaise constitue le texte juridiquement contraignant.

This Assignment Agreement ("Agreement") is entered into between the Customer ("you", "Assignor") and Tomo Flight Claim ("we", "us", "Assignee"), a company registered in the European Union, upon submission of a claim through the Tomo Flight Claim platform.

1. Definitions

• "Claim" means any and all rights to monetary compensation arising under Regulation (EC) No 261/2004 of the European Parliament and of the Council ("EU261"), including but not limited to Article 7 compensation, Article 9 right-to-care entitlements, and any interest or costs recoverable in connection therewith, relating to the specific flight(s) identified in your claim submission.
• "Flight Compensation" means any monetary payment, voucher, travel credit, or other benefit of monetary value received from the Airline in connection with the Claim, whether by voluntary payment, settlement, or regulatory enforcement.
• "Service Fee" means Tomo Flight Claim's commission of 30% (thirty percent) of the gross Flight Compensation obtained, inclusive of applicable VAT.
• "Airline" means the operating air carrier responsible for the flight disruption giving rise to the Claim.
• "Escalation" means any formal steps beyond the initial demand letter taken to enforce the Claim, including follow-up communications, complaints to National Enforcement Bodies (NEBs), and referrals to alternative dispute resolution schemes.

2. Assignment of Claim

2.1. By submitting a claim and accepting these terms, you irrevocably assign to Tomo Flight Claim full ownership, legal title, and all associated rights to the Claim. This assignment transfers to Tomo Flight Claim the exclusive right to pursue, collect, and receive payment of the Claim in its own name.

2.2. The assignment includes, without limitation:

• The right to demand and collect Flight Compensation from the Airline;
• The right to negotiate and agree to settlement amounts;
• The right to file complaints with National Enforcement Bodies (NEBs);
• The right to refer the Claim to alternative dispute resolution (ADR) schemes;
• The right to receive and process payments from the Airline;
• The right to reassign the Claim back to you where legally necessary, in which case you agree to grant Tomo Flight Claim authority to continue acting on your behalf.

2.3. Tomo Flight Claim determines, at its sole discretion, the most appropriate method to pursue the Claim, including whether to pursue by way of assignment, power of attorney, or authority document, depending on the legal requirements of the relevant jurisdiction.

3. Service Fee and Payment

3.1. Tomo Flight Claim provides its services on a no-win, no-fee basis. You are not required to make any upfront payment. The Service Fee is only due if Tomo Flight Claim successfully obtains Flight Compensation.

3.2. The Service Fee is 30% (thirty percent) of the gross Flight Compensation obtained, inclusive of applicable VAT. This is a flat rate with no additional charges for Escalation.

3.3. Tomo Flight Claim will deduct the Service Fee from the Flight Compensation received and transfer the remainder ("Your Share") to you within 14 business days of receipt of cleared funds from the Airline.

3.4. If the Airline makes payment in a form other than monetary transfer (e.g. vouchers, travel credits), the Service Fee shall be calculated on the face value of such compensation, and you agree to either: (a) pay the Service Fee separately, or (b) authorize Tomo Flight Claim to decline non-monetary compensation and pursue cash payment.

4. Exclusivity and Your Obligations

4.1. Following execution of this Agreement, you confirm and warrant that:

• You are the passenger named in the booking for the relevant flight(s), or are duly authorized to act on their behalf;
• You have not previously assigned, transferred, or pledged the Claim to any other party;
• You are not pursuing the Claim by any other means, either directly or through any third party, and no legal dispute is pending or expected between you and the Airline on the same matter;
• The information provided in your claim submission is accurate, complete, and not misleading;
• You have the legal capacity to enter into this Agreement.

4.2. If you have any existing engagement, assignment, or authorization with regard to the Claim with another party, you must cancel these immediately upon entering into this Agreement.

4.3. Following assignment, you may not:

• Assign the Claim to any other party, as legal title has been transferred to Tomo Flight Claim;
• Mandate or authorize another third party to act on your behalf concerning the same Claim;
• Independently negotiate or communicate with the Airline regarding the Claim — any contact from the Airline must be directed to Tomo Flight Claim immediately.

4.4. Direct payments from the Airline: If you receive any direct payment, voucher, or other compensation from the Airline after entering into this Agreement in connection with the Claim, you must notify Tomo Flight Claim immediately. Any such payment constitutes Flight Compensation and the Service Fee remains due and payable.

5. Tomo Flight Claim's Obligations

5.1. Tomo Flight Claim agrees to:

• Pursue the Claim diligently and in good faith;
• Keep you informed of material developments via your dashboard and, where appropriate, by email;
• Bear all costs incurred in pursuing the Claim, regardless of the outcome;
• Transfer Your Share within 14 business days of receipt of cleared funds.

5.2. Tomo Flight Claim reserves the right to decline or discontinue pursuit of a Claim if, in its reasonable assessment, the Claim lacks sufficient merit, the expected compensation does not justify the costs, or enforcement would be impractical. In such cases, Tomo Flight Claim will reassign the Claim back to you so that you may pursue it independently.

5.3. Tomo Flight Claim may accept or reject settlement offers from the Airline at its discretion. Where a settlement is offered for less than the full EU261 entitlement, Tomo Flight Claim will use reasonable efforts to inform you and consider your preferences, but the final decision rests with Tomo Flight Claim as the legal owner of the Claim.

6. Escalation

6.1. If the Airline fails to pay within a reasonable period following the demand letter, Tomo Flight Claim may, at its sole discretion, escalate the Claim by:

• Sending follow-up demand letters;
• Filing a formal complaint with the relevant National Enforcement Body (NEB) in the Airline's home member state or the member state of departure;
• Referring the Claim to an alternative dispute resolution (ADR) scheme recognized by the relevant NEB.

6.2. Tomo Flight Claim bears all costs associated with Escalation. You will not be charged any additional fees beyond the Service Fee.

6.3. You agree to cooperate with Tomo Flight Claim by providing additional documentation or information reasonably required for Escalation, and you consent to sharing the data provided to Tomo Flight Claim with relevant regulatory bodies and ADR providers.

6.4. Tomo Flight Claim does not currently provide legal representation or initiate court proceedings on behalf of Customers. 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 legal action independently if you wish.

7. Right of Withdrawal

7.1. 14-day cooling-off period: In accordance with EU Directive 2011/83/EU on consumer rights, you have the right to withdraw from this Agreement within 14 days of its conclusion without giving any reason and without incurring any costs.

7.2. To exercise your right of withdrawal, you must inform Tomo Flight Claim by a clear statement (e.g. via email to claims@claim261.eu) of your decision to withdraw. The withdrawal period expires 14 days after the day of the conclusion of this Agreement.

7.3. If you expressly requested that Tomo Flight Claim begin providing the Compensation Service during the withdrawal period (e.g. by confirming claim submission), and Tomo Flight Claim has already completed the service (e.g. the demand letter has been sent and the Airline has confirmed payment), you may no longer exercise the right of withdrawal.

7.4. Withdrawal after 14 days: You may request withdrawal at any time after the 14-day cooling-off period. However:

• If the Airline has already confirmed payment or a settlement has been reached, the Service Fee remains due;
• If Flight Compensation is subsequently received as a result of actions taken by Tomo Flight Claim prior to withdrawal, the Service Fee remains payable.

7.5. Upon valid withdrawal, Tomo Flight Claim will reassign the Claim back to you within a reasonable period.

8. Data Protection

8.1. Tomo Flight Claim processes your personal data in accordance with its Privacy Policy and in compliance with Regulation (EU) 2016/679 (GDPR).

8.2. You consent to Tomo Flight Claim sharing your personal data with the Airline, National Enforcement Bodies, and ADR providers to the extent necessary to pursue the Claim.

9. Limitation of Liability

9.1. Tomo Flight Claim does not guarantee a successful outcome. Our assessment of claim eligibility is based on available data, applicable regulations, and case law, and does not constitute legal advice.

9.2. Tomo Flight Claim's total liability under this Agreement is limited to the amount of the Service Fee received for the relevant Claim. Tomo Flight Claim shall not be liable for indirect, consequential, or punitive damages.

9.3. Tomo Flight Claim shall not be liable for delays or failures in performance caused by circumstances beyond its reasonable control, including but not limited to changes in law, regulatory backlogs, or airline insolvency.

10. Breach and Remedies

10.1. If you breach the exclusivity obligations in Section 4 (including pursuing the Claim independently or through another party), Tomo Flight Claim reserves the right to immediately terminate this Agreement. In such cases, if Flight Compensation is obtained by you or any third party as a result of Tomo Flight Claim's prior actions, the Service Fee remains due.

10.2. If you provide materially inaccurate or misleading information in your claim submission, Tomo Flight Claim reserves the right to discontinue the Claim and this Agreement without liability.

11. Governing Law and Jurisdiction

11.1. This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of laws provisions.

11.2. This choice of law does not deprive you of the protection afforded by mandatory provisions of the law of your country of habitual residence that cannot be derogated from by agreement, in accordance with Article 6(2) of Regulation (EC) No 593/2008 (Rome I).

11.3. Any disputes arising out of or in connection with this Agreement 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 in accordance with applicable EU consumer protection regulations.

12. Miscellaneous

12.1. This Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and Tomo Flight Claim with respect to the Claim.

12.2. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12.3. Tomo Flight Claim's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

12.4. Tomo Flight Claim may amend this Agreement from time to time. Amendments will not apply retroactively to Claims already submitted under a prior version.