Judgment of the European Court of Justice
The two regional courts in Korneuburg (Austria) and Düsseldorf (Germany) turned to the European Court of Justice (ECJ) for help on various legal disputes between airlines and passengers. “These two courts are asking the Court of Justice for a number of clarifications on the conditions under which air passengers are entitled to exercise the rights provided for in the Air Passenger Rights Regulation […] in the event of cancellation or long delay of flights,” says the press release of the ECJ. According to the judgment, a flight is considered canceled if it is brought forward by more than one hour. In such cases, the bringing forward is to be regarded as significant, explains the ECJ. Similar to delays, these changes in time can lead to far-reaching inconveniences. If the passenger is not informed in good time about the flight being brought forward, he is entitled to compensation payments, which vary depending on the route. Passengers are considered to have been informed in good time from the age of two weeks in advance.
Entitlement to compensation payments also applies without a ticket
In addition, the judgment states that the booking of a flight is not only considered confirmed if the passenger also has a ticket, but also “if he has received another document from the travel company with which he has a contractual relationship , through which he is promised carriage on a specific flight, individualized by the place of departure and arrival, the time of departure and arrival and the flight number,” the press release said. Whether there is an income between the travel company and the airline in these cases is irrelevant, since passengers cannot be asked to find out about the business relationships between the two companies. If the airline has to pay the passengers compensation under the regulation due to the travel company’s conduct, the company can make regression claims.
Who is liable for flight delays?
In the event of a delay, claims against the airline may vary depending on the initial situation. However, a prerequisite for a claim for compensation is that the passenger has arrived at the airport in time for check-in, but the airline has not permitted boarding for the booked and confirmed flight. It is important that you document the delay and keep all bills that arise as a result, such as a hotel bill, so that you can claim them later. In the case of compensation claims, you can contact the airline staff on site. However, if you encounter problems, it is advisable to consult a specialist lawyer.
E. Schmal / Editor finanzen.net
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