![]() ![]() The Network of the European Consumer Centres (ECC-Net) provides a free sample letter. ![]() You can base your claims on the two verdicts against TUIfly and Lufthansa. compensation (depending on the distance of the flight, between 250 and 600 Euro).reimbursement of the ticket price for cancelled flights and.The ECC advises consumers who are affected by the current strikes of Ryanair to demand the following in written form: The two recent decisions got things moving again - in favor of the European consumers. Therefore, every single case needs an individual decision. According to the regulation, extraordinary circumstances are such that "the airline could not have avoided by taking all feasible measures." This definition gives room to a lot of interpretation. Whether a strike consitutes an extraordinary circumstance or not was a legal debate for a long time. It is therefore a popular argument of airlines facing strikes, like Ryanair in the current situation. Only exception: Extraordinary circumstances. Long legal debateĪccording to the air passenger rights regulation of the EU, consumers are entitled to compensation in case of flight cancellations or long delays ( find out more). The judge based his verdict on a decision by the European Court of Justice (CJEU) from April 2018, ruling that a "wild" strike of some of TUIfly's staff also didn't qualify as extraordinary circumstance. Therefore, the airline was obligated to reimburse the two consumers who were affected by the related flight cancellations and delays. The Luxembourgish court finally decided that the announced strike by pilots of Lufthansa was no extraordinary circumstance as constituted by the European air passengers rights regulation ( verdict n° 2768/2018). There is no need for a lawyer, the consumers just had to fill out a form. In other member states, like Austria, consumers have to pay a small fee ( read more). They were able to enforce their demands by using the European Small Claims Procedure which is free of charge in Luxembourg. Unfortunately, no out-of-court solution was reached with the airline. Compensation thanks to a European procedureĪs Lufthansa didn't follow the request of the two consumers for a reimbursement, they contacted the European Consumer Centre Luxembourg. They were rebooked to another flight which was then delayed for more than three hours. This caused the cancellation of a flight of two Luxembourgish consumers to Oslo. In October 2016, the pilots of the German airline Lufthansa went on strike. It is the second ruling of this kind in a short time. According to the judge, the airline can't claim extraordinary circumstances. A Luxembourgish court decided that Lufthansa has to reimburse passengers who are affected by a strike. ![]()
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