Air Berlin insolvency - What passengers should know
from Jürgen Vogl
Do passengers have the right to a refund of ticket costs?
Unfortunately, the answer to this question is no. On its website, Air Berlin informs passengers who have been or will be affected by a flight cancellation as follows
If the booking was made before August 15, 2017, no reimbursement of ticket costs is possible due to insolvency law. Affected passengers must register their claim in the insolvency table. If the claim is recognized, a partial payment from the insolvency estate (corresponding to the insolvency quota) can be expected.
All passengers who booked after August 15, 2017 will be refunded the ticket costs if the flight was or is not operated. Rebooking to other airlines is not possible.
Due to this situation, apf can only accept and process complaints if the ticket was booked after August 15, 2017.
Do passengers have the right to compensation? Can passengers lodge a complaint with the apf?
From a legal perspective, compensation claims against Air Berlin remain valid, meaning that passengers are entitled to compensation in the event of delays and cancellations. From an economic point of view, the compensation claim is difficult to enforce in the event of insolvency, as the company is insolvent. The date August 15, 2017 is also relevant for compensation. This means:
The airline will not satisfy any compensation claims (so-called compensation payments) for bookings made before August 15, 2017. Affected passengers must register their claims in the insolvency table.
For bookings made after August 15, 2017, claims for compensation for flight delays or flight cancellations can be asserted according to the information from October 19, 2017 on the Air Berlin website. Any claims must be submitted via the Air Berlin web form at www.airberlin.com/beschwerde . If passengers do not receive a reply or a satisfactory reply within six weeks, they can submit a complaint to the apf. In the online complaint form - available at www.passagier.at - passengers are provided with a guide to all the important documents required to process the complaint quickly.
Passengers traveling with Air Berlin must be aware that they will not be reimbursed for any costs incurred for care services such as hotel accommodation, drinks, snacks etc. in the event of problems. The Agency for Passenger Rights therefore recommends that passengers (in the event of delays or cancellations) arrange and pay for any necessary care services directly with Air Berlin. The airline is obliged to do so under the EU Passenger Rights Regulation.
Due to this situation, apf can only accept and process complaints if the ticket was booked after August 15, 2017.
Can I rebook my ticket?
If a rebooking is planned for the ticket issued, Air Berlin will rebook it on the basis of the applicable fare conditions. If fees are incurred, these must be borne by the customer.