Flight served with a chartered plane? Who is responsible in case of delay? The charterer or the chartered?

A flight to CancĂșn departing from the German international airport in Hamburg took place last June, posting a delay of more than three hours on arrival with more than two hundred passengers on board, their connection was indeed scheduled by TUI Fly, but served by a plane that belongs to another airline company called Thomson Airways.

In June 2018, the German carrier made a direct flight to Cancun, Mexico from Hamburg, Germany. However, this link being too late, was served with a device that belongs to another air operator. It is an aircraft that has been rented with crew from Thomson Airways, an English airline headquartered in Luton (United Kingdom).

Passengers traveling on this line have not hesitated to defend themselves by filing a complaint against their carrier hoping to get a compensatory compensation of up to six hundred euros given the distance between the two airports.

TA refused to pay this compensation on the ground that he was not the carrier operating the flight.

In this case, which airline is required to pay compensation for the victims of the delay?

According to the Court of Justice of the European Union, it is Thomson Airways who has been held responsible for this damage because it is she who decided to make this flight.

Now everything is clear for passengers considering a similar situation. The airline offering the offer and organizing the itinerary is the one that must pay compensation to passengers who suffer the damage that may be due to a delay, cancellation or overbooking.

According to the CJEU, this decision is in favor of consumers in the EU because previously they did not know where to go when they had to change their plane at the last minute, and that their flight would be disrupted because of a problem caused by the airline renting the plane.

What amount to claim when traveling on a long-haul flight, who is eligible for the allowance?

For passengers with a valid reservation on a flight from Hamburg to Cancun, the amount they can obtain by asking for compensation can not be less than 600 euros.

The distance between the two destinations is estimated at 8561km, which is more than 5061km in relation to the minimum kilometric distance entitling to financial compensation.