Ms Kathrin Vaupel

Kathrin Vaupel



Airport computer system failure may be extraordinary circumstance
Germany | 20 February 2019

The Federal Supreme Court recently ruled that the complete failure of an airport computer system may be considered an extraordinary circumstance. The court affirmed that airport system failures caused by technical defects which affect or suspend the functioning of technical equipment over a prolonged period are an external event affecting air carrier flight operations. Further, the monitoring, maintenance and repair of an airport's technical facilities lie outside the responsibility and competence of air carriers.

Adequate causal link between delay and further disruptions required in code-share damages claim
Germany | 12 December 2018

The Hamburg Local Court recently dismissed a passenger's claim for damages based on denied boarding after the delay of a previous flight which had been operated by a code-share partner. The court was of the opinion that a code-share partner is not liable for every further disruption along the course of transportation. Rather, the right to claim damages requires an adequate causal link between the delay and the further disruption.

Aircraft passenger rights under wet lease agreements
Germany | 10 October 2018

The Hamburg Regional Court recently referred to the European Court of Justice (ECJ) the question of which air carrier is the operating air carrier within the meaning of EU Regulation 261/2004 where the flight is operated under a wet lease agreement. The ECJ confirmed that air carriers which lease aircraft and crew to other air carriers under a wet lease agreement but bear no operational responsibility for the flights are not covered by the concept of 'operating air carrier' within the meaning of the regulation.

Passenger rights and information obligations under wet lease agreement
Germany | 09 May 2018

The Federal Court of Justice recently clarified the liability of airlines with respect to passenger rights and information obligations when a flight is operated under a wet lease. EU Regulation 261/2004 defines an 'operating air carrier' as an air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person having a contract with that passenger. The Federal Court of Justice held that in case of a wet lease, the lessee must be regarded as the operating air carrier.

No compensation for cancellation after re-routing
Germany | 20 September 2017

The Dusseldorf Local Court recently decided that passengers do not have a right to compensation if, according to the meaning of Articles 7(2) and 8 of EU Regulation 261/2004, an alternative flight is cancelled. The court argued that the regulation differentiates between a 'flight' as subject of the transportation contract and an 'alternative flight' as a measure of assistance. Consequently, the cancellation or delay of an alternative flight gives no right to compensation.

Rules determining passenger reimbursement due to downgrading
Germany | 22 February 2017

The European Court of Justice (ECJ) recently decided on the interpretation of EU Regulation 261/2004 and the calculation of a reimbursement owed to a passenger who was downgraded on a flight from first class to business class. The ECJ decided that the regulation must be interpreted as meaning that where a passenger is downgraded on a flight, the price for determining reimbursement is the price of the flight on which the passenger was downgraded.

Validity of vouchers given as goodwill gesture may be limited to one year
Germany | 21 December 2016

The Frankfurt Local Court recently decided that an airline may restrict the validity of ticket vouchers given as a goodwill gesture. Following a delayed arrival, the defendant offered the plaintiff a free round-trip ticket voucher valid for one year. The plaintiff was unable make use of the voucher within the year, so requested that it be extended. The defendant refused. As the voucher's time limit was part of the agreement, the plaintiff was unable to claim damages from lack of use.

Property irregularity report insufficient as timely notice of delayed baggage complaints
Germany | 02 November 2016

According to a recent Frankfurt Local Court decision, a property irregularity report filed in the case of delayed baggage does not suffice as a timely notice of complaint, as set out in the Montreal Convention. The court ruled that a property irregularity report informs the airline only about missing baggage, and not about the expected claim for damages.

Burden of proof regarding airline booking acceptance lies with passenger
Germany | 29 June 2016

The Frankfurt Local Court recently decided that a passenger's claim for compensation pursuant to EU Regulation 261/2004 requires an accepted reservation by the airline. Passengers have no right to compensation if the airline has not accepted the reservation and the travel agency has issued incorrect booking confirmation. The burden of proof regarding the airline's booking acceptance rests with the passenger.