Passengers are also entitled to compensation if their flight is brought forward by more than an hour. That was decided by the European Court of Justice.
A flight is considered to be canceled if it is brought forward by more than an hour. This means that passengers are entitled to compensation. Bringing a flight forward in this way is significant because it can lead to serious inconveniences for passengers, argued the European Court of Justice in a judgment released today. Passengers can then no longer dispose of their time freely - for example because they have to make great efforts to get to the airport on time.
According to the highest European court, a passenger can have claims against an airline even if the tourism company he has commissioned has not booked the flight. If the tour operator has issued a receipt for the flight, this receipt counts as a confirmed booking. The passenger could not be required to obtain information about the relationships between the companies. Several Austrian and German passengers had complained. After the decision from Luxembourg, the national courts - in Germany the Düsseldorf Regional Court - have to decide the specific cases.
Passengers are generally entitled to compensation if their flight is canceled. An airline may refuse payment - which is between 250 and 600 euros depending on the distance - only in a few exceptional cases, such as if the passenger is informed of the cancellation at least two weeks before departure or an "exceptional circumstance" can be proven. The published judgment of the ECJ makes it clear that a flight that is brought forward by more than an hour is considered to be canceled.
How best to proceed
In the first step, the claim must be submitted in writing directly to the company. The apf has prepared sample letters for the flight sector, which can be found under www.passenger.at are available. If the company does not respond adequately or not at all within six weeks of filing the claim, apf can contact apf online via www.passenger.at a request for arbitration can be submitted. The apf service is always free and commission-free for passengers - regardless of the outcome of the arbitration proceedings. Specifically, this means that the entire amount that is obtained in the context of the arbitration procedure is paid out to the travelers - without any deductions.