Crowded waiting areas, long queues at the Check-in counters, and travelers sleeping on the floor – if air traffic controllers, pilots or ground staff go on strike, to determine images like this, regularly in the news. And each Time thousands Affected will get the same answer: No compensation in the event of a strike.
Indeed, the affected passengers have of strikes, in most cases, is not entitled to compensation. Airlines rely often on the apparently clear wording of the EU air passenger rights regulation that strikes can constitute an “exceptional circumstance”. The emphasis here is on “can”.
What if the Airline has provoked the strike?
consumer advocates have, airlines have in some cases affected the emergence of a strike. So Ryanair, for example, through year-long wage dumping has provoked the strike in the summer of 2018. Many legal experts are convinced, therefore, that the abstention was the logical consequence of the personnel policy of Ryanair.
There is reason to hope that this assessment could prevail in the case-law soon, as some of the judicial rulings of the last few months. In Germany, the Landgericht Frankfurt is currently dealing with the question of whether the Irish Airline must pay the affected passengers compensation. The procedure was the aim of a air passenger rights portal, in order to ensure in the interests of consumers for legal clarity. The Person
Philipp Kadelbach founder and Chief Legal Officer of flight right.
Not every strike is exempted from countervailing duty
In April 2018, the European court of justice (ECJ) ruled that in a similar strike-case no exceptional circumstance exists. In the process, it went to the mass messages of TUIfly employees in the fall of 2016 morbid. The Airline had previously announced extensive restructuring measures, which should have an impact on the staff. The airline saw in the wave of Illness, a “wild strike”.
The judge justified her ruling that conflicts with the staff were in such a restructuring, nothing Unusual, and as part of the normal course of business. The ECJ also stressed that not every strike “is necessarily and automatically a reason for the exemption from the compensation obligation”. This suggests that passengers might be in the future, be entitled in case of a strike of Airline personnel compensation.
strike of the security personnel does not negate the obligation to compensate the
Itself a strike outside the company, the airlines does not exempt from the duty of Indemnification. The Federal court of justice (BGH) ruled in 2018 that, in certain cases, then a claim may exist, if the passenger controls are on strike at the start of the airport.
a couple who wanted to fly in February 2015 from Hamburg to Lanzarote had Complained. The airline cancelled the flight, however, since the employees went on strike at the security checks at the Hamburg airport. The travelers were already at the Gate. The plane took off, still without passengers. As the Airline refused to pay compensation, went to the couple before the court. Content check: The gross-to-net calculator 2019 remains So much net them by the gross
The district court of Hamburg and the state court had given the airline the right. The travelers did not want to resign, however, and brought the case up before the Supreme court. This decided in the interests of the victims. A strike to the passenger controls could cancel the obligation to compensate. However, only if the Airline remains as a result of the strike, there was no reasonable Alternative than to cancel the flight, according to the statement.
The airline had not considered these requirements, however, sufficient. Thus, the Supreme court has made it clear that, in principle, also in case of a strike of the security personnel the right to compensation may exist.
air traffic controllers strike: Airlines have the connection with the default
to demonstrate Since air traffic controllers are not employed by the Airlines, your strike, in principle, as an extraordinary circumstance that frees the Airline from the compensation payments.
However, the airline must prove in this case that in fact, the strike action has caused the cancellation or delay of a specific flight. Otherwise, she is obligated to compensation payment (AG, Düsseldorf, Az. 25 C 10228/10). It is therefore advisable, even in case of Strike, with possible claims to examine, for example, from an air passenger rights portal.
claims will remain valid for three years
the prerequisite for compensation is that the affected flight starts at an airport in the EU or lands. In the latter case, the exporting carrier must also have their seat in the EU. These conditions are met, the Injured party require up to three years after the flight, a compensation according to EU passenger rights regulation.
It is worthwhile, Tickets bestreikter flights to be kept, even if there is today still no compensation. How it can pay off to look at the EU passenger rights regulation regulated compensation for flight delays of three hours or more, in the case of flight cancellations, and involuntary denied boarding:
- For short-haul flights up to 1500 kilometers, there are 250 Euro per Person.
- For medium-haul flights of up to 3500 kilometres, for example from Berlin to Mallorca, it is 400 Euro.
- In the case of length more than 3500 km) stretch (the fee will be 600 euros per passenger.
What is Concerned in any case is entitled to
Apart from the question of whether a claim for compensation or not, have passengers in case of a strike, some rights. Each airline is obliged to inform passengers as soon as possible of a flight failure and to find a reasonable replacement flight. PDF check list for the tax Declaration to Our PDF guide shows you how you can get your tax return quickly and save.To the PDF guide
a strike Is deleted conditionally, can rebook passengers free of charge in their airline, or to cancel them completely. In the event of cancelled flights within Germany can switch, also, to be worthwhile on the web.
in Front of the ticket, the consent of the airline you buy, make sure to obtain and ensure that this covers the cost of the journey. If the Ticket costs more than the original flight, there is otherwise the risk that one remains on the difference sitting. According to the EU air passenger rights regulation is also entitled to receive pension benefits. This means, depending on the length of the flight, specifically:
On short-haul flights up to 1500 km: after two hours of waiting time, free drinks, Snacks, as well as E-mail, Fax and two phone calls
For medium-haul flights of 1500-3500 km: three hours of waiting, free drinks, meals and two phone calls, E-mail or Fax
On long-haul flights of more than 3500 km: , starting with four-hour start delay, free drinks, meals and two phone calls, E-Mails or Fax
Need to wait for passengers on their flight until the next day, the Airline, the cost for an Overnight stay in a Hotel, as well as the related transport costs. Important: If a claim to compensation, can not be attributed to these services in mind.
you need to true do
their claims, you will need to meet the passengers of their obligations in case of Strike. Very important: be on time at the Check-in arrive, at least if it is expected to be a short strike. Passengers who miss a in the short term, the airline booked a replacement flight, otherwise lose their entitlement to the flight.
If the Airline has already confirmed in the run-up to a later replacement flight in writing, must be air travelers, of course, at the originally scheduled time of departure at the airport.
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