A family came because of Flight delay arriving in Cuba one day later than planned lost a vacation day. The father from the airline not informed about his passenger rights in case of delay had been, commissioned one Lawyer, to claim € 2,400 in damages. In an initial legal letter, the lawyer asked the airline to replace the damage. No agreement could be reached out of court, so a lawsuit was filed.
In the process before the local court, the airline recognized the demand, but refused to pay legal fees, which were created for the consultation and the first letter. Around € 130 were charged here.
The Federal Court of Justice had the final say in this case and decided that Airline has her Information obligation according to Art. 14 para. 2 Passenger Rights Regulation injured and liable.
It must passengers in the event of a delay of at least two hours unsolicited written information about their equalization rights hand over. This is an obligation of the airline that does not have to be fulfilled when the passengers ask.
The purpose of the regulation is to enable affected passengers to assess and claim their claims – even without legal help.
If the airline violates its obligation (e.g. it does not provide comprehensive or incorrect information), the right to compensation for flight delays also includes this out of court legal fees. They are to be reimbursed Reasonable costs for a lawyer, who informs the travelers about their rights and asserts the compensation payment. In the present case € 130.
BGH, judgment of September 1st, 2020, X ZR 97/19
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