We have considered in detail the scenarios of flight problems that are regulated by Regulation (EC) 261/2004, namely when: your flight is delayed, canceled or you are denied access to board the aircraft against your will. You can find more information about these issues here.
In this article, we would like to introduce you to the possibilities that are open to you as a passenger caught in a problematic flight situation, other than those listed above.
Problems with flights outside of Regulation (EC) 261/2004
As we indicated above, Regulation (EC) 261/2004 only regulates the rights of passengers in the event of a delayed, canceled flight or denied boarding. There are, however, other hypotheses that are common, but have remained outside the scope of Regulation (EC) 261/2004. Such problematic situations when traveling by plane are, for example:
- In case of damaged, lost or delayed luggage. You can find more directions on how to act in such cases here;
- Your flight was diverted and landed at a different airport than the one you purchased your ticket for, etc.
In the event of any of the above-selected scenarios, it is quite possible that you will suffer, in addition to material damages, non-material losses as well. With a diverted flight, in addition to having to pay additional costs to reach your original final destination (such as a plane ticket, train, bus, taxi, etc.), it is quite possible that you will also suffer non-material losses. The latter is possible if, for example, you missed an important event, as a result of rerouting, and other hypotheses of damages from the unfulfilled or improperly performed air carriage contract.
In these cases, along with the grounds for receiving compensation under Regulation (EC) 261/2004, if any, you are also entitled to additional compensation for any material damages you may have suffered (additional tickets paid by you, food, etc. ) and non-material losses (stress, inconvenience, missed events, etc.). What is important in this case is the method of proof for the various hypotheses, namely:
When there are grounds for compensation according to Regulation (EC) 261/2004, their value is precisely determined, depends on the flight distance, and the burden of proof falls on the air carrier. I.e. it is the airline that must prove that there are no grounds for paying the specified compensation or that it falls under the scenarios in which it is exempt from paying such compensation (for example, in exceptional circumstances).
In the other case, when you fall into a hypothesis, beyond those considered by Regulation (EC) 261/2004, the burden of proving the material and/or non-material damages suffered and the causal relationship between the flight problems and these damages falls on the passenger. I.e. the passenger is the one who should determine the value of his damages, prove their amount (for example, with documents proving the purchase of tickets, cash receipts/invoices for belongings in case of lost luggage, the fact of missing an important event and its consequences, etc.) and last but not least – to prove that there is a causal link between these damages suffered by him and the flight/baggage problem. The procedure can be initiated by the passenger through a request for payment of the damages claimed to the air carrier. In case of non-payment, the passenger has the right to refer the dispute to the relevant competent court with a claim and presentation of all available evidence in support of his claims, being obliged to defend them by conducting full and main proof.
A diverted flight to Bucharest, Romania in violation of the air carriage contract
To illustrate what was written above, we would point to the recently reported problematic flight of 05/04/2023, which took off from Berlin, Brandenburg Airport one and a half hours late, which according to the previous schedule should have landed in Sofia, Bulgaria. However, and due to repair work being carried out on the runway at Sofia Airport in the time period between 01:30 and 05:55, of which the air carrier was aware and notified in advance, the latter, due to non-performance of the flight at the previously scheduled time, reroutes the flight and actually landing at Bucharest Airport, Romania. The passengers of this flight were left in the dark, and subsequently they were not provided with any assistance, neither monetary – to buy food and drinks, nor to organize their transportation to the final destination – Sofia, Bulgaria. Instead, all passengers are left to find a solution to the situation created by the air carrier, dictated by its failure to fulfill the air carriage contracts concluded with it. In this case, in addition to compensation under Regulation (EC) 261/2004, due to reaching the final destination with a delay of more than 3 hours, the air carrier is obliged to compensate its passengers for the material damages suffered by each of them (for the purchase of tickets for transportation to Sofia, Bulgaria, food, drinks, etc.) and for non-material losses (inconveniences of landing in another country, the stress of having to organize their own trip to Bulgaria, missing important events, etc.). These damages (material and/or non-material), however, should be proved by each passenger with the necessary expense justification documents, etc., certifying the type and amount of damages suffered, respectively their causal relationship to the diverted flight.
Professional legal assistance
The need to prove the type and amount of damages suffered by a passenger, as well as their causal relationship with the problematic flight, outside of the cases provided for in Regulation (EC) 261/2004, determines the need for the use of qualified legal assistance to protect your rights and legitimate interests. Therefore, we advise you to seek professional legal assistance to largely guarantee your success and save yourself unnecessary nerves and time. In case you need assistance in claiming compensation from an airline for a delayed or canceled flight, you can contact Fly Protect, which specializes in civil claims to airlines.
