Berlin (dpa / tmn) - Bad weather threatens the next day, so the airline cancels the flight as a precaution the evening before: travelers do not have to accept such a cancellation. In this case, you are entitled to compensation under EU law, decided the Berlin Regional Court (Az .: 67 S 49/19).
Passengers are always entitled to a compensation payment under the EU Passenger Rights Regulation if the airline cannot rely on exceptional circumstances in the event of cancellations and long delays. These are events that are outside the airline's sphere of influence. Bad weather such as storms and thunderstorms can well fall under this.
According to the court, a restriction of flights due to bad weather ordered by air traffic control would have been an exceptional circumstance - but no such order was present. Rather, the airline voluntarily decided to cancel the flight based on its own forecasts. According to the airline, they feared “total chaos on the day of the flight operation” due to the bad weather that had been announced.
The court was not convinced by this argument. The mere assumption that flight restrictions could arise is not sufficient to refuse the right to payment. It did not matter that air traffic control actually reduced the number of flights slightly the following day. An airline had to design its flight plan in such a way that minor disruptions to its operational processes could be handled.
The German Society for Travel Law reports on the judgment of the Berlin Regional Court on June 25, 2019 in the magazine “ReiseRecht aktuell” (issue 2/2020).
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