Airlines must offer replacements as quickly as possible

Airlines must promptly provide replacements upon flight cancellations

When airlines cancel flights due to extraordinary incidents, such as severe weather conditions, they're obligated to offer passengers the earliest possible replacements, according to the Federal Court of Justice (BGH) in Karlsruhe. Failure to do so may result in paying compensation, as indicated in a recently published decision.

The necessity for swift replacements is subject to reasonableness for the airline, as ruled by the judicial panel.

Case Structure

In the mentioned case, the airline contended that a delay of at least three hours was inevitable for the subsequent available alternative flight. Consequently, it rebooked the passengers for the day after the next instead of the day after the storm. This move, the airline argued, exempted it from the obligation to pay compensation.

However, the BGH rejected this claim, noting that suitable flights with less than a three-hour delay could be substitutes.

Principal Incident

The particular flight involved a trip from Reykjavik, Iceland, to Munich, which was suspended on account of a severe weather alert at the start of 2020. Regrettably, the passengers did not reach Munich until the following day, although a replacement flight was available the day after the storm. As a result, they filed a lawsuit demanding compensation, with their lower court appeals unsuccessful but ultimately triumphant before the BGH.

1. The concerned airline, in this instance Lufthansa, admitted that a three-hour delay was unavoidable for the subsequent accessible alternative flight. In spite of this, it opted to rebook the passengers for the day after next, following the blizzard.
2. When flights are cancelled due to unusually challenging situations, such as the aforementioned blizzard that disrupted the Lufthansa flight from Reykjavik to Munich, passengers are entitled to receive replacement flights as soon as practicable, provided that it's reasonable for the airline to do so.
3. Consumer protection resources have recently highlighted that travelers can leverage the law to request compensation from airlines when they fail to offer replacement flights in a timely fashion, as demonstrated by the mentioned Lufthansa case and its blizzard-induced flight disruption.

Underlying Regulations

The guidelines governing airline compensation for cancelled flights triggered by extraordinary circumstances, such as harsh weather, are outlined in EU Regulation 261/2004. Important stipulations include:

1. Extraordinary Circumstances: Severe weather events, including blizzards, are recognized as extraordinary situations that exempt airlines from compensation payments for flight disruptions.
2. Compensation Waiver: Airlines are absolved from compensating passengers when flights are cancelled or delayed due to bad weather. Since airlines have little or no control over such occurrences, they have already taken all plausible measures to prevent delays or cancellations.
3. Passenger Rights: Although passengers are not entitled to compensation, they are still granted specific rights, such as help with rebooking or refunds. Additionally, they may be provided with refreshments and beverages during extended waiting intervals.
4. Notification and Accountability: If the cancellation is attributed to issues within the airlines' control, such as poor de-icing procedures, passengers may be eligible for compensation. However, if the airline neglected to inform passengers about the cancellation at least 14 days prior to the scheduled departure date, passengers could still seek compensation.

Illustration: Lufthansa Flight Cancellation due to a Blizzard

• Compensation Exemption: Should a Lufthansa flight be cancelled due to a blizzard, the airline would not be bound by the compensation requirements of EU Regulation 261/2004 because severe weather is considered an extraordinary situation.
• Passenger Rights: Passengers might still be entitled to assistance with rebooking or refunds and even receive refreshments and beverages during prolonged waiting periods.

In essence, while passengers are not entitled to compensation when flights are cancelled due to extraordinary events, such as harsh weather, they still have certain rights and may enjoy assistance during the disruption.