Airline Accountability in Delayed Flights: What Happens if You Don’t Wait?

Airlines

On January 25th, 2024, the Court of Justice of the European Union issued a comprehensive and clarified interpretation regarding the legal circumstances under which a flight is classified as delayed by more than three hours. This interpretation specifically addressed scenarios in which passengers, faced with a significant delay, opt not to board the delayed flight. The court’s ruling elaborated on the conditions under which such a decision by the passenger impacts their rights and compensations under EU regulations, thereby refining the understanding of passenger entitlements in cases of prolonged flight delays.

Two Different Decisions Lead To One Judicial Solution

A delay exceeding 3 hours was announced for two Laudamotion flights from Düsseldorf to Palma de Mallorca. Worried that this delay would cause them to miss a business meeting, two passengers chose not to board their delayed flights. The first passenger’s flight ultimately arrived 3 hours and 32 minutes late, but the passenger decided not to show up at the airport, and not to check in for his flight. Meanwhile, the second passenger independently booked an alternative flight and reached the destination less than 3 hours later than the original flight’s scheduled arrival time.

Legal Approach to the Situation

The first passenger submitted his claim to a German court since his original flight was delayed by more than 3 hours. As a result, the German Federal Court of Justice has sought clarification from the Court of Justice of the EU.

The Court of Justice of the European Union (CJEU) ruled that the passengers were not entitled to compensation in both cases. The very principle of The Air Passengers Rights Regulation 2004 (Regulation (EC) No 261/2004) for both cancelled and long delays (over 3 hours) is to compensate passengers for disruptions they have suffered due to time lost.

However, a passenger who did not go to the airport has not likely suffered such a loss of time. Moreover, when a flight is affected by a long delay, the intention is that it still will be completed; so accordingly, a check-in must be carried out.

Therefore, within the limits of the Regulation, it is too difficult to assess whether the passenger has suffered any damage for which compensation is due. Consequently, in the case of a delay (as opposed to a cancellation), the passenger must still appear at the airport and check-in for their trip.

It is also stated that if they did not fly and experienced any loss as a consequence (such as missing a business meeting, as in this example), the passenger may seek compensation for damages through the general procedure (based on national or international law), but not under Regulation EC261/04.

One More Scenario

Consider a scenario involving connecting flights: the circumstance where the airline reservation number remains identical for both flights and one of them is delayed and you miss the connecting flight. The airline gives you an alternative flight even if it is genuinely not appealing and you turn it down.

It is important to bear in mind that compensation applies only when passengers wait and use the provided alternative flights. Since they have chosen not to wait for the alternative flight, EC261/04 compensation is not applicable in this case as well. Additionally, airlines do not have to cover any expenses of newly purchased flight tickets.

It’s a whole different situation if your flight is cancelled less than 14 days before the scheduled date of your flight.

If you have any concerns or questions about the Regulation or its guidelines, feel free to contact Skycop at https://www.skycop.com/contact-us/