BRUSSELS — Tourists who experience significant flight delays during package holidays are entitled to compensation, the European Court of Justice (ECJ) ruled on Thursday.
The landmark decision clarifies the rights of passengers who book holidays through tour operators and face lengthy delays, affirming that they can seek compensation directly from airlines.
The ruling stemmed from a case involving two passengers whose flight from Tenerife to Warsaw was delayed by 22 hours. The flight was part of a package holiday arranged by a tour operator.
Seeking compensation under European law, the passengers approached the airline responsible for the flight. However, the airline refused their request, arguing that the passengers did not have a direct, confirmed, and paid reservation for the flight.
The airline contended that the tour operator had paid for the flight at a discounted rate, which effectively made it free or low-cost for the passengers.
As a result, the airline argued that the passengers were not eligible for compensation under EU regulations, which exclude claims for flights provided free of charge or at reduced fares not available directly to the public.
In a decisive response, the ECJ rejected the airline’s arguments, ruling that passengers with boarding passes who have checked in and travelled on the flight must be regarded as having a confirmed reservation.
The Court emphasized that the fare payment made by the tour operator to the airline on behalf of the passengers does not negate the passengers’ right to compensation.
“The fact that the tour operator paid for the flight at a discounted rate does not imply that the passengers travelled for free or at a reduced fare,” the Court stated. It concluded that passengers are entitled to compensation for delays of more than three hours under EU Regulation 261/2004, which protects air passenger rights.
Legal experts have welcomed the ruling, describing it as a significant victory for consumer rights.
“This decision reinforces the protections for holidaymakers across the EU, ensuring they are not left out of pocket due to long delays, regardless of how their flights were booked,” said Marta Kowalski, a Warsaw-based consumer rights lawyer.
The judgement is expected to impact airlines across Europe, potentially leading to increased compensation claims from passengers who book flights as part of package holidays.
Travel industry analysts suggest that airlines may need to adjust their policies and provisions for delayed flights, particularly those operated on behalf of tour operators.
Meanwhile, tour operators have expressed concerns about the potential implications for their business models. Some fear that the ruling could result in higher costs for package holidays if airlines pass on the expense of compensation claims.
The ECJ’s decision comes amid ongoing debates about air passenger rights in the EU, with calls for further reforms to simplify compensation processes and enhance transparency.
For now, the ruling provides a clear precedent that strengthens the rights of passengers facing delayed flights during their holidays.
