What new rights do consumers have against airlines, tour operators and airports? The Berlin lawyer and travel law expert Roosbeh Karimi (karimi.legal) explains the most important judgements.
Never before have there been so many judgments in travel law as during the pandemic! Never before have there been so many complicated, new problems.
► AIRPORTS
Missed a flight because the security checks took so long? The state has to pay!
At the airport on time and still missed the plane? That happened to many families at BER during the past autumn holidays. Unforgettable the pictures of Ewig-Schlainen! It took passengers up to four hours to finally get to their departure gate. And then missed the flight. But who pays for the new tickets?
In a recent verdict, the Higher Regional Court in Frankfurt am Main made an unexpected judgment on this: The federal government must pay compensation (judgment of January 27th, 2022, Az. 1 U 220/20)!
If a passenger misses their flight due to a long wait at the airport security checkpoint, they can request costs for the replacement flight. Provided that he has arrived at check-in in good time, in accordance with the airport’s recommendations, and from there he has gone through security without any significant delays. Reason: The federal police must ensure that there are enough inspectors on duty. “It is best to document your punctual arrival time at the airport and the disproportionately long waiting time at the security checkpoints,” explains Roosbeh Karimi.
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At BER, passengers repeatedly report that they have to wait a disproportionately long time (up to two hours) for their luggage after landing. Is there any compensation here? The travel lawyer: “Unfortunately no. Loss of time is fundamentally not a compensable damage item.”
► AIRLINES
Airlines suffered particularly badly from the pandemic and therefore often tried to avoid compensation.
In a judgment against Delta Air Lines, the District Court of Wedding decided (judgment of August 12, 2021, Az. – 17 C 473/20): The airline must reimburse the full fare even if the booking was made via an online portal. Vacationers who do not book their flight directly with the airline, but via an online booking portal, always (also) have a claim against the operating airline in the event of cancellation under the European Air Passenger Rights Regulation. However, this does not include additional services such as insurance.
The district court of Dortmund made an important judgment (judgment of November 24th, 2021 – Az. 404 C 6465/20) in the case of the low-cost airline Wizz Air. Roosbeh Karimi: “Anyone who buys tickets from the airline Wizz Air has the choice between different tariffs. In the significantly more expensive comfort tariffs, flight tickets can generally be canceled or rebooked, even if both only for a fee. However, the terms and conditions stipulate that despite the cancellation fee, the remainder is not paid out, but is refunded as a voucher. This is absurd! Our law firm was commissioned to enforce the passengers’ claims in this case and won.”
Vouchers for flexible tariffs are therefore not legal! The District Court of Dortmund ruled that the general terms and conditions of the defendant Wizz Air were invalid.
► PACKAGE TOURS
If you book a package holiday, can you cancel it without any problems during the pandemic? Be careful, this doesn’t apply across the board!
In a judgment, the Hanover Regional Court summarized the reasons for withdrawing from a package tour (judgment of September 27, 2021 – Az. 1 S 52/21). The cancellation of a package tour is only free of charge if unavoidable, extraordinary circumstances occur at the holiday destination that significantly affect the execution of the trip.
The expert: “If this is not the case and there is no travel warning, you will not be able to cancel the trip free of charge. Individual characteristics for the traveler themselves, which can lead to the cancellation of the trip for perfectly reasonable reasons, such as advanced age, previous illnesses or fear of Corona, do not constitute an extraordinary circumstance and are therefore not sufficient.
The situation is different if the vacationer is not granted a use that was promised when the contract was concluded. So if you book a family hotel with three children that explicitly advertises family fun and childcare, you have to take responsibility for it even during the pandemic. (Cologne District Court, judgment of January 10, 2022 – Az. 142 C 195/21)
But when does the package travel law apply at all? “Only when you book at least two different travel services with one tour operator for the purpose of a trip. The classic package tour consists of flight and hotel, but the combined booking of hotel and rental car can also be a package tour. Anyone who only books the hotel concludes a normal rental contract and is less protected,” explains the travel lawyer.