For some time now, some passenger rights portals have also been offering so-called instant compensation. The passenger surrenders his claims and receives a - mostly much lower - payment from the operator. However, this practice is a thorn in the side of some airlines.
The Bremen District Court dealt with a case in which a passenger's flights on the Bremen-Istanbul-Bremen route were canceled. The passenger ceded his claim for reimbursement and compensation to a portal. The airline also did this, but to the traveler and not to the portal, which then filed a lawsuit.
The airline argued that the obligations had been met. However, the Bremen District Court is of the opinion that an effective assignment has been made to the portal and therefore payments with debt-discharging effect are only to be made to this portal. A decisive role in the decision was that the airline was notified of the assignment in the form of a written contract in a timely manner.
The airline has virtually ruined the payment made directly to the passenger. If the airline does not voluntarily repay the airline, the only option left is to reclaim the money transferred “in error” in court. With regard to the lawsuit that the Passenger Rights Portal has brought against the carrier, the carrier still has an appeal. The judgment is therefore not final.