Flight: Entitlement to compensation in the event of an irregularity on an alternative flight

Airlines deny the claim and argue, for example, that Art. 5 Para. 1 of the Air Passenger Rights Regulation only refers to the originally booked flight, as the purpose is merely to sanction the airlines with regard to non-compliance with the original service obligation. Furthermore, airlines are of the opinion that in the event of a cancellation, only re-routing to the final destination under comparable travel conditions at the earliest possible date is owed. If this planned alternative transportation does not take place (as it is also cancelled) or is delayed, this should not be sanctioned. Accordingly, airlines usually refuse to pay compensation for alternative flights, especially in cases of possible double compensation.

The apf does not share this legal opinion. In apf's view, there is no indication in the Air Passenger Rights Regulation that compensation should only be awarded for originally booked flights. The purpose of the Air Passenger Rights Regulation is to ensure a high level of protection for air passengers. It is intended to strengthen passenger rights, which is why it would be inadequate to support an interpretation that would give airlines the right to impose a further delay or cancellation of their replacement flight on passengers who have already had to endure an irregularity without far-reaching reasons (such as extraordinary circumstances).

The Local Court of Frankfurt am Main, for example, also sees a new claim under the Passenger Rights Regulation in the event of irregularities on alternative flights and even awards passengers double compensation if the airline is responsible for both cancellations (original flight and replacement flight). As a basis for the claim, the court only stipulates that

passengers must have a confirmed booking for the flight in question. The court states that"... the right to compensation is intended, inter alia, to compensate for the inconvenience suffered by the passenger as a result of the cancellation of a flight (see recital 2 of the Passenger Rights Regulation). Corresponding or at least comparable inconveniences also occur in the event of the cancellation of alternative flights ..."(see: AG Frankfurt am Main 16.5.2013, 31 C 3349/12 (78)).

If an alternative flight offered to the passenger and confirmed is canceled, the passenger therefore has a further claim to compensation in accordance with the Air Passenger Rights Regulation. Accordingly, nothing else can apply if the first flight is canceled due to extraordinary circumstances, but the second flight is canceled for reasons for which the airline is responsible.

This legal opinion is also supported by the European Commission. It states the following in the guidelines for the interpretation of the Air Passenger Rights Regulation under point 4.2 "Right to reimbursement, re-routing or rebooking in the event of denied boarding or cancellation":

"... A new entitlement to compensation under Article 7 applies to the alternative flight accepted under Article 8(1)(b) or (c) if it is also canceled or delayed (see section 4.4.11). The Commission recommends that passengers are given a clear explanation of their choice when assistance is to be provided ..."(see: Guidelines on Regulation (EC) 261/2004 OJ C 2016/214, 5).