Post a Comment Print Share on Facebook

The airline is also liable for foreign flights

Who pays the passenger compensation if one of two leg flights is clearly too late? The Federal Court of Justice (BGH) has now finally decided this question (Az.

- 0 reads.

The airline is also liable for foreign flights

Who pays the passenger compensation if one of two leg flights is clearly too late? The Federal Court of Justice (BGH) has now finally decided this question (Az. X ZR 101/20).

It could have been the perfect end to a sporty holiday trip: after a few days in Spain, a couple wanted to take their return flight. Iberia was supposed to go from Ibiza to Madrid, then on to Frankfurt with another airline. However, the first plane took off too late, which is why the couple missed the connection in the Spanish capital. The plaintiffs did not arrive in Germany until the following day and more than ten hours after the planned arrival.

They therefore demanded - from the second airline - compensation: 250 euros per person as compensation, compensation for additional costs for the transport of golf equipment (160 euros), 20 euros for a taxi fare and reimbursement of pre-trial legal fees. The competent district court had dismissed the action in the first instance. In the appeal, however, the district court followed the plaintiff's application. Now the revision before the highest German civil court.

The Federal Court of Justice first established that a delay of more than three hours fundamentally justifies a passenger's right to compensation. And it is also okay that the plaintiffs demanded the money from the second company – even though its jet was actually on time. Because: There was only one booking for both flights, the second company was therefore “the operating airline of the single overall flight”.

In addition, the BGH stated that the flights as connecting flights represented a whole for the passenger. This is also evident from the electronic flight ticket, which shows the same booking number for both legs. It is irrelevant whether the flights are carried out with one aircraft or with different aircraft. And it doesn't matter whether the first or the second leg was delayed.

The airline must reimburse all of the plaintiff's costs. The decision as a whole underscores the high level of protection that the Air Passenger Rights Regulation provides for consumers. A good signal, especially in view of the current flight chaos.

After the ground staff strike, Lufthansa is back to normal operations. But the next strike is already looming, this time by the pilots' union. What to do if the flight is cancelled? "If no replacement flight is provided, you can remedy the situation yourself," says Kay Rodegra, a lawyer specializing in travel law.

Source: WORLD

Avatar
Your Name
Post a Comment
Characters Left:
Your comment has been forwarded to the administrator for approval.×
Warning! Will constitute a criminal offense, illegal, threatening, offensive, insulting and swearing, derogatory, defamatory, vulgar, pornographic, indecent, personality rights, damaging or similar nature in the nature of all kinds of financial content, legal, criminal and administrative responsibility for the content of the sender member / members are belong.