Lot from Tenerife delayed by 22 hours: Two passengers bought a trip covering a flight from Tenerife to Warsaw, which after arrival was delayed by over 22 hours. These persons applied to the aviation carrier Fr. compensation based on EU law. It is about Regulation No. 261/2004 of the European Parliament and of the Council of February 11, 2004 establishing common rules for compensation and assistance to passengers. The charter line refused However, compensation, arguing that the passengers did not have confirmed booking, because their tourist event remained paid by a third party. The carrier emphasized that passengers traveled for free or on preferential terms, which would exclude the right to compensation.
Right to compensation: The Court of Justice of the European Union (CJEU) ruled that A deck card may be sufficient proof of the confirmed booking. Therefore, if the passenger made a flight, the carrier cannot question the reservation and the same rights to compensation for delay. The Tribunal also indicated that the air carrier should be demonstrated, in accordance with national law, that the passenger traveled free of charge or based on a discount tariff.
Exception: CJEU judges are also not of the opinion that the passengers in question have traveled free of charge or based on a discount tariff (directly or indirectly available commonly available). “Such a situation would only take place then, If it was the air carrier himself allowed them to be such a possibility. In connection with the fact that a third party paid the tourist organizer the price for a tourist event and that the organizer paid the aviation carrier the price for the flight in accordance with the market conditions, does not prevent passengers from exercising the right to compensation, “it was written.
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Source: Gazeta
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