Delayed repayments: LBA imposes fines

ATM (Photo: Jan Gruber).
ATM (Photo: Jan Gruber).

Delayed repayments: LBA imposes fines

ATM (Photo: Jan Gruber).
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Numerous airlines still do not comply with the law: If bookings are canceled by the airlines, the ticket price must be reimbursed within one week, regardless of whether there is an additional claim for compensation under EU Regulation 261/2004. That still doesn't work, which is why the German Federal Aviation Authority has imposed fines in 124 cases.

Last year, many airlines speculated that the European Commission would wave through a voucher solution. That is why the repayments of the ticket money were deliberately delayed. Then you were extremely creative in finding excuses and some providers continued to try compulsory vouchers, so that consumer advocates had to go to court.

In Germany, an enormous number of passengers were affected, but the Federal Aviation Authority, as the responsible supervisory authority, was particularly gracious and only imposed a fine in 51 cases, whereby the carriers concerned have appealed against them. In view of the tens of thousands of affected travelers who could not fly due to the corona situation and on top of that their flights did not even take place, a fairly small number.

This year, up to and including November 30, 2021, the LBA imposed fines on various airlines in 124 individual cases. The reason for this is: Delayed repayments of the ticket money due to canceled flights. Nevertheless, some politicians criticize the authority, because it would be very reluctant to punish the airlines for violating laws.

Passengers have the right to reimbursement or replacement transportation

Compensation claims based on EU Regulation 261/2004 can arise if the airline cancels the flight less than 14 days before departure or if it is delayed by more than three hours (arrival). If the cancellation is made earlier, passengers have the right to a refund of the ticket price within one week. However, many airlines are still not particularly careful about this.

What many do not know, however, is that you have the right to replacement transport if you still have to or want to travel. And this is exactly where it comes up, because although there is clear case law of the Federal Court of Justice (Germany), the European Court of Justice and the Supreme Court (Austria), many airlines are still shirking it and especially when it comes to being on one another airline would like to be rebooked. It is often difficult for passengers to enforce their statutory right to replacement transport, which also applies if the flight is canceled or delayed outside of the 14-day period.

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Editor of this article:

Amely Mizzi is Executive Assistant at Aviation Direct Malta in San Pawl il-Baħar. She previously worked in the Aircraft and Vessel Financing division at a banking group. She is considered a linguistic talent and speaks seven languages ​​fluently. She prefers to spend her free time in Austria on the ski slopes and in summer on Mediterranean beaches, practically on her doorstep in Gozo.
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About the editor

Amely Mizzi is Executive Assistant at Aviation Direct Malta in San Pawl il-Baħar. She previously worked in the Aircraft and Vessel Financing division at a banking group. She is considered a linguistic talent and speaks seven languages ​​fluently. She prefers to spend her free time in Austria on the ski slopes and in summer on Mediterranean beaches, practically on her doorstep in Gozo.
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Nobody likes paywalls
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