DE: Are Airlines Liable for Partner Carrier Delays?

Sept 9, 2022 Benn-Ibler Rechtsanwälte

According to the German Federal Court of Justice (Bundesgerichtshof, BGH), if a trip consisting of several flights is booked with one airline, this trip is to be regarded as one single unit. If there is a delay, passengers can make a claim against the airline with where the flight was booked even if the airline where the flight was booked is not at fault for the delay. That airline can then take recourse against its partner carrier.

In the case in question, a flight from Ibiza via Madrid to Frankfurt am Main was booked with an airline that only operated the connecting flight. Due to a delay of the feeder flight operated by a partner carrier, passengers were unable to reach their connecting flight. The airline, with which the entire trip was booked was sued for compensation according to Art 7 (1a) of the Passenger Rights Regulation.

The German Federal Court of Justice (BGH) ruled on this issue as follows: The contracting carrier (and thus the executing carrier) was the airline with which both legs of the flight were booked as a unit, even if only the connecting flight was operated by this airline. Consequently, the airline is also responsible for flights operated by its partner carrier. It is thus possible for passengers to file a claim against the airline with which the entire trip was booked, irrespective of who was ultimately at fault for the delay.

The court justified this on the grounds of consumer protection. The airline against which a claim was brought forth is entitled under Article 13 of the Passenger Rights Regulation to make a claim against the partner carrier responsible for the delay.

BGH, X ZR 101/20 (12 April 2022)