The European Consumer Centre in Spain (ECC-Spain) reminds all passengers who have been affected by the cancellation of their flights due to the insolvency of the Germania, that they can claim their rights according to the European Regulation (EC) 261/2004 on delays, cancellations and denied boarding.
Passengers affected by these cancellations will have to go to the company in order to manage the refund of the ticket and the corresponding claims of their rights.
In case that they do not obtain a response to their requests, they will have to present the claim in the competent Aeronautical Authority where the departure took place. In Spain, the competent Aeronautical Authority is AESA (Ministerio de Fomento). In these cases, the claims submitted through AESA can be made directly through its website.
The claim must be clear, concise, legible and must accurately detail the date, time, place and causes of the claim, as well as the personal data of the consumer and the flight. In addition, documentation of reservations should always be kept by consumers.
Passengers can also use the court procedure in order to request compensation for damages.
For more information, do not hesitate to contact the legal advisors of the European Consumer Centre in Spain for free.
Recommendations for passengers who cannot return to their destination of origin:
Those passengers who have purchased the tickets directly from the airline and whose return trip has been affected must make their own arrangements in order to return to home. The European Consumer Center recommends to contact the insurance companies in order to claim reimbursement of any additional costs incurred as a result of the cancellation of the flight. Remember the importance of keeping the invoices for these expenses.
If the flights are part of a package or have been purchased through a third party, consumers should contact the travel organizer directly. In any case, the European Consumer Center informs consumers that they can always turn to the courts to enforce their rights.
Passenger rights in case of cancellation of a flight.
Right to compensation. Right to compensation under the same conditions as for denied boarding unless they are informed of the cancellation at least 14 days before the scheduled departure or if the air carrier can prove that the cancellation was caused by extraordinary circumstances, including political instability, adverse weather conditions that are not compatible with the operation of the flight, risks for safety, unexpected defects in the safety of the flight and strikes which affect the operations of the air transport carrier responsible for performing the flight. According to a recent judgment of the European Court of Justice, a strike of the crew of the airline is not an extraordinary circumstance.
Right to information. Consists in the delivery by the air carrier of a printed form containing the conditions of assistance and compensation.
Right to assistance. The air company must provide the necessary assistance: adequate meals and refreshments, two free-of-charge telephone calls or access to e-mail and, if necessary, one or more nights of hotel accommodation and transport between the airport and the place of accommodation.
Right to reimbursement or re-routing. The passenger may select one of the following three options which must be offered by the air carrier:
- Reimbursement of the ticket within seven days.
- Re-routing, under comparable conditions, to their final destination at the earliest opportunity.
- Re-routing, under comparable conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.
About ECC-Net: The European Consumer Centre network (ECC-Net) was created by the European Commission in 2005. There is one European Consumer Centre in each member state of the European Union as well as in Norway and Iceland that is 30 ECCs in total. They offer free assistance and advice to consumers.