The German Federal Court of Justice has ruled that airlines are not allowed to charge a surcharge for rebooking if flights are canceled by the airline. Passengers are free to decide when they want to start their replacement carriage. The only decisive factor is that there are free seats on the desired flight.

The North Rhine-Westphalia consumer advice center is due to the fact that Lufthansa canceled numerous flights at the beginning of the corona pandemic, but asked two travelers whose cases ended up in court to charge a surcharge for rebooking on later flights. The matter went through the courts and ended up before the Federal Court of Justice under file number X ZR 50/22.

At the beginning of the corona pandemic, some governments closed the borders in a real panic and many airlines temporarily suspended their flight operations or only carried out a minimum offer. The two passengers for whom the consumer advice center went to court were also affected by the cancellations. A few months later, they wanted to use their alternative transport, i.e. use the free rebooking instead of a refund.

However, this was partially denied by Lufthansa, because the carrier explained to those affected that this would only be possible if they paid a tariff difference. Attempts to intervene by the consumer center did not bring Lufthansa to give in. The case then went through the instances and the BGH ruled in favor of the travelers. Lufthansa was thus prohibited from doing so by the highest court.

The North Rhine-Westphalia consumer advice center commented on the judgment as follows: "The passenger's request is decisive for the time of the replacement transport if there are available seats". This would mean that there is now clarity.