Karoline and Frederik lost a day of their holiday to Mallorca
They were looking forward to a holiday in Mallorca. But even before the trip had properly begun, their travel plans were turned upside down. A cancellation meant they didn’t arrive until almost a full day later than planned. When Eurowings refused to pay compensation, Refundmore took the case to court against the airline. The case ended with Karoline and Frederik being awarded 800 euros in compensation.
Summary of the case | |
|---|---|
Airline | |
Route | Billund → Munich → Palma de Mallorca |
Problem | Cancelled connecting flight and rebooking via Brussels |
Arrival at destination | One day after the originally scheduled arrival |
Number of passengers | 2 |
Case history | The case was heard at the court in Kolding, Denmark |
Outcome | The passengers were awarded compensation |
Total amount awarded | Approx. £680 (800 €) |
From Billund to Mallorca via an unexpected detour
On 16 September 2022, Karoline and Frederik were due to travel from Billund to Palma de Mallorca on holiday. The trip had been booked through Lufthansa, but their subsidiary Eurowings was to operate the flight.
The plan was first to fly from Billund to Munich and from there directly on to Mallorca. If everything had gone according to plan, they would have landed in Mallorca at 7.25 pm that same evening.
However, the day before departure, their connecting flight from Munich to Palma de Mallorca was cancelled.
I remember that when the flight was cancelled, there was a great deal of confusion between Lufthansa and Eurowings – they both pointed at each other as being responsible for helping us on our way. We ended up being given some vouchers for meals and a hotel, but the airport hotels were already fully booked, so we had to take a shuttle bus to a hotel in the city centre.
- Frederik
The alternative journey cost them almost a full day of their holiday
The airline’s solution was to re-route the journey.
Instead of the original direct flight from Munich to Mallorca, Karoline and Frederik now had to travel from Munich via Brussels and on from there to Palma de Mallorca.
The new itinerary meant they would not arrive until 5.10 pm the following day.
As a result, they lost almost a full day of their holiday.
We ended up with a whole day less on our holiday – we weren’t planning to stay in Mallorca for very long to begin with.
- Frederik
It is precisely this sort of consequence that can be difficult to see when a flight delay is simply described as a number of hours. For passengers, those hours can mean a lost day of holiday, changed plans and a journey that starts quite differently from what was expected.
The airline argued that a strike exempted them from liability
The reason for the cancellation was a planned strike by French air traffic controllers. The airline therefore argued that the cancellation was due to extraordinary circumstances.
We bought our tickets on the day the flight was cancelled. It seemed absurd that they had the tickets on sale at all, given that they cancelled the flight due to a strike notice of which they must have been aware when we bought the tickets.
- Karoline
Even when a cancellation is due to circumstances for which the airline itself is not responsible, the airline must, in certain situations, still be able to demonstrate that it has done what could reasonably be expected to minimise the consequences for passengers.
This proved decisive in Karoline and Frederik’s case.
Karoline and Frederik referred the case to Refundmore
After seeing one of Refundmore’s online adverts, Karoline and Frederik filled in our online form and were informed that they were entitled to compensation.
From there, Refundmore took over the case and sent updates along the way so they could follow the process.
We felt frustrated with the airlines. We had to claim compensation for additional expenses, and they make it so complicated, with everything written in the small print.
The whole thing had been very cryptic, so when we came across Refundmore, we were just glad that there were others to take care of the administrative side of things.
- Karoline
The case ended up in court
Eurowings maintained that the cancellation was due to the French air traffic controllers’ strike.
The case therefore had to be settled in court.
The key question was not only why the flight had been cancelled, but also whether the airline had done enough to get Karoline and Frederik to Mallorca as quickly as possible.
The court found that the airline had not provided evidence that it had investigated whether Karoline and Frederik could have been rebooked onto an earlier flight with another airline or via a different route.
Karoline and Frederik’s claim was upheld.
Why were we successful?
Under EU Regulation 261, the airline must investigate how passengers can reach their destination as close as possible to the originally scheduled arrival time. This also applies if the delay or cancellation is due to circumstances beyond the airline’s control, and if the quickest solution involves a flight with another airline.
This obligation is known as the duty to minimise.
In cases concerning air passenger rights, the burden of proof is reversed, and it is therefore, as a general rule, the airline that must be able to demonstrate that it has done what could reasonably be expected. In Frederik and Karoline’s case, the decisive factor was that Eurowings could not demonstrate that the company had investigated whether they could have arrived sooner via an alternative connection.
€800 in compensation
The outcome was that the airline was ordered to pay a total of 800 euros in compensation to Karoline and Frederik.
For them, the ruling brought an end to a case that had begun with a holiday where the first 24 hours were lost.
It took some time, but we trusted that if Refundmore were willing to take the case to court, it was probably because they reckoned we would win. We simply armed ourselves with patience.
- Frederik
Has your flight also been delayed or cancelled?
If your flight is cancelled or severely delayed, you may in some cases be entitled to compensation.
At Refundmore, you can find out whether you’re entitled to compensation.