Flight delayed: Three years of claims even for package tours
When a flight cancels or is delayed, travelers have a claim for compensation. The regular statute of limitations applies to these compensation claims even for flights that are part of a package tour - this was held by the Federal Court of Justice (BGH) in Karlsruhe in a leading case.
In this specific case, two travelers flew to Egypt in May 2019 and reached their destination with more than three and a half hours of delay. The flights were part of a package tour. The travelers assigned their claim to a service provider - who in March 2022 sued the airline for approximately 800 Euro in compensation. The airline argued that the claims had expired. The BGH, as well as the lower courts before it, saw it differently.
Background on Compensation
Background information: The EU Passenger Rights Regulation provides for compensation in the amount of 250 to 600 Euro per passenger for delays of three hours or more at the destination and cancelled flights under certain conditions.
This also applies to package tours, where travelers can reduce the travel price in proportion to the travel organizer in case of departures that are more than four hours delayed, as explained by the European Consumer Centre. From the fifth hour of delay, it is five percent of the daily travel price, with additional five percent for each further hour that can be deducted. Important to know: If claims are made against both the airline and the tour operator, they are offset against each other.
- Many airlines operating within Europe are subject to the rules set by the European Court of Justice, ensuring consistent travel law application.
- Consumer centers across Europe advise travelers about their rights, especially regarding compensation for flight cancellations or delays at airports, as stipulated by the EU Passenger Rights Regulation.
- During a vacation in 2019, two travelers booked a package tour that included flights with significant delays at European airports, leading them to file a compensation claim through a tour operator advisor.
- The Federal Court of Justice in Karlsruhe upheld the travelers' compensation claim against the airline, setting a precedent that the statute of limitations for such claims remains the standard period, regardless of the flight being part of a package tour.
- If a journey includes both airline and tour operator services, and the traveler experiences delays or cancellations, the respective compensation amounts will be offset against each other as per the travel law regulations.
