Passengers on the airlines cash twice!
For a booked flight it is twice as likely to claim the flat-rate claim with the airline - is that possible?
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But is that even possible? Yes, it is, namely when the originally booked flight connection is canceled and the passenger is then rebooked by the airline on a replacement flight. If this replacement flight is then canceled again or is carried out with a delay of more than 3 hours, the passenger concerned is entitled to compensation again. The Landshut Regional Court recently announced this as part of an appeal procedure and thus confirmed a first instance decision of the Erding Local Court (LG Landshut, notification decision from 07.08.2019 - 13 S 1823/19).
Airlines, on the other hand, often take the position that the compensation of € 250, € 400 or € 600 per person is only paid once to the passenger, because the airline would only have to pay the compensation once if the passenger is not offered a replacement flight after the cancellation. The airline would therefore be better off if it did nothing and had not offered a replacement flight. On closer inspection, however, this argument does not work, because if the passenger books the replacement flight with another airline, he could of course also claim a claim for compensation in this case. The second airline could not claim that the passenger for the same flight route is already entitled to compensation from another airline. There is no apparent reason to judge the legal situation differently if both flights were booked with the same airline.
Yes, it is! The District Court of Dusseldorf had 2012 such a "double claim" of the passenger still refused on the grounds that it was the replacement flight offered not a flight, but a support service, which as pure "secondary performance" is not liable for compensation. The Landshut Regional Court gave a clear refusal to this approach, which is not at all comprehensible, in the aforementioned decision and made it clear that in this case too two flights would be available, even if only one booking had been made.
Incidentally, if the replacement flight is canceled again and the replacement flight is also affected by a delay or cancellation, the passenger is entitled to triple the claim!
If you have any questions about flight cancellations, flight delays, air passenger rights, etc., our expert for air passenger rights, Mr Lawyer Michael Gabler, gladly available. Mr. Attorney Gabler gives you a non-binding and free first estimate for your flight!
If you are entitled to a claim and you entrust us with the enforcement of your claim with the airline, the following applies with regard to the legal fees:
The passenger can also request reimbursement of legal fees from the airline if the airline has not informed the passenger concerned of his rights in writing (in our experience this is only the case in the rarest of cases and then hardly from the airline either provable!).
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