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Airline ordered to compensate Malaga passenger 600 euros for bringing his flight forward by more than one hour
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Airline ordered to compensate Malaga passenger 600 euros for bringing his flight forward by more than one hour

The passenger will receive the amount the because he did not receive direct notice of the schedule change, even though his online travel booking agency was informed

SUR

Malaga

Tuesday, 21 May 2024, 12:19

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A commercial court in Malaga has ruled that Swiss International Air Lines must pay 600 euros in compensation to a passenger for bringing their flight departure forward by more than an hour. The decision follows criteria previously set by the Court of Justice of the European Union (CJEU). As explained by reclamador.es, an online company that assists with flight compensation claims: compensation is payable when the air carrier only gives notice of a flight cancellation or alteration more than 14 days in advance via an intermediary such as a travel agent and not directly to the passenger.

"Direct notice to the passenger is not credited until four days before flight departure, so this notice, given more than two weeks in advance to an intermediary agent - in this case eDreams that was the travel agency used by the passenger to book the flight - is not enough to exempt Swiss from liability", explained Jorge Ramos, lawyer for reclamador.es.

He added that: "despite giving notice of cancellation or change more than 14 days in advance, there is also a right to compensation if this notice was given to an intermediary and it is proven that it was not given to the customer directly. In this case, the travel agency was notified, but the client contracted the basic eDreams service, which did not include notifications of flight changes."

CJEU judgements explained

Ramos highlighted two judgements by the CJEU dated 21 December 2021 that addressed the two issues at stake in these proceedings (advance notice to an intermediary and advance notice of a flight).

The first indicated that any delay of more than one hour gives entitlement to compensation because this is the given time for determining whether it constitutes a significant delay.

The second pointed out that, even if the air carrier has given notice of a flight cancellation or change more than 14 days in advance, but this information is sent only to an intermediary and not directly to the passenger, it is still compensable, as in this case. Even if the passenger arrived early at his destination, the judgement takes into account the possible inconvenience to the passenger of having to be at the airport earlier in order to arrive on time for the flight.

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