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Assignment of Claim

Draft. Lets us take a refused claim to court in our name; you keep the same share.

Draft: the operator's company details and contact addresses on these pages are placeholders. They must be replaced before any ads run or real claims are taken.

Version 0.2 · Last updated 9 Oct

1. What this is

You (the passenger who signs, for yourself and for the passengers you listed) assign to [Legal name of the operating company] ("we") your right to compensation from the airline for the flight named in the signed copy, under Regulation (EC) No 261/2004 (or the UK's version of it), with interest and the costs of recovering it. We become the one entitled to claim it, including in court in our own name.

We ask for this only when the airline has refused your claim or has not answered, after the national enforcement body step where it is useful, and only for flights where we can go to court. We tell you before we file anything.

[For the lawyer: please confirm the form (a fiduciary assignment, cesiune de creanță, Civil Code articles 1566 and following) and that it covers the other passengers listed, or whether each adult signs their own.]

2. What you receive

Nothing changes in what you get: if the airline pays, you receive what it pays minus the fees you signed for: the claim fee (25%, or nothing with a Trip Pass or FlyHandled+) and the legal action fee of 15%, because the case went to court through our partner lawyer. We advance the court fees and our lawyer's work. If we lose, you owe nothing.

We transfer your share to the bank account you give us within the number of days stated in the Fees Policy.

[For the lawyer: please confirm how the passenger's share is held and paid when the court awards the money to us, and any costs the court orders against us.]

3. The airline is told

We notify the airline of the assignment. From then on it must pay us, not you. An assignment ban in an airline's terms does not stop it (EU Court of Justice, C-11/23 Eventmedia Soluciones). A court at the flight's departure or arrival can hear the claim, also for us as assignee (C-551/24 Lufthansa v AirHelp).

4. What you agree to do

  • Not claim the same compensation yourself or through anyone else.
  • Tell us at once if the airline contacts you or offers or pays you anything for this flight, and pass on to us any payment it makes to you after the assignment, so we can pay you your share.
  • Help us with documents and a short written statement if the court asks for them.

5. If we don't go to court

If we decide not to go to court, or stop, we assign the claim back to you and tell you in writing. You can ask us to end this assignment before we file, by writing to support@flyhandled.example.

[For the lawyer: please confirm the re-assignment and what ending looks like once a claim is filed.]

6. Law

Romanian law applies to this assignment. It does not change your rights as a consumer where you live.

Company details in [brackets] are placeholders to be completed before launch.