Austria: court denies compensation for missed connecting flight

Michael Wukoschitz's picture

The plaintiffs had booked a flight from Linz to Perth via Frankfurt and Hongkong with the defendant. The flight from Linz to Frankfurt, however, was to be operated not by the defendant but by another airline. The flight from Linz to Frankfurt was cancelled and the operating carrier offered plaintiffs an alternative flight. This (substitute) feeder was delayed and the plaintiffs thus missed their connecting flight to Hongkong. They had to spend a night in Frankfurt and only reached Perth with a delay of 24 hrs.

LG Linz held that Reg. 261/2004/EC didn't provide any claim for compensation against the carrier operating a connecting flight which was missed because of a delayed feeder . „Operating carrier“ only means the carrier which actually operates the flight by using its own aircraft and staff, no matter with which company the contract was concluded (LG Linz 24.02.2011, 14 R 120/10f).

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