KLM sued a passenger for the price of a return ticket from Berlin via Amsterdam to Curacao. The passenger argued that due to cancellation of the feeder flight from BER to AMS, as a consequence of which he and his wife had missed the long haul flight and had to fly one day later, he was entitled to a compensation of EUR 600 per person which he would set off against KLM’s claim.Small Claims District Court (Amtsgericht Spandau) dismissed KLM’s claim as it confirmed defendant’s claim for compensation. The appelate court (Kammergericht Berlin) upheld this result but reasoned that both passengers were entitled to a compensation of EUR 250 for the cancelled feeder and another EUR 600 for the long haul flight which they had missed.Upon further appeal by KLM, German Supreme Court (BGH) again upheld the dismissal of KLM’s claim. Other than the appelate court, BGH found that the cancellation of the feeder flight entitled the passengers to a compensation of EUR 600 according to the distance to the last destination, Curacao but there was no additional claim for compensation for the missed long haul flight.Source: BGH press release 195/2010 of Oct. 14, 2010 concerning judgement Xa ZR 15/10 of Oct. 14, 2010
