THE BOTTOM LINE
- Airlines are not automatically liable for the cost of replacement flights if passengers rebook independently without giving the carrier a reasonable chance to offer an alternative.
- The right to fixed compensation for a cancellation under EU law (Regulation 261/2004) is separate and remains intact, even if a passenger’s claim for extra costs is denied.
- Corporate travel policies should mandate that employees contact the airline first to arrange re-routing, as hastily booking an alternative flight may lead to unrecoverable expenses.
THE DETAILS
A recent ruling from the District Court of North Holland provides a crucial clarification on passenger rights and airline obligations following a flight cancellation. The case involved two passengers whose easyJet flight from Ibiza to Amsterdam was cancelled. Instead of waiting for the airline to provide a solution, they immediately booked their own alternative flight and subsequently sued easyJet for both the standard EU compensation and the full cost of their self-booked tickets. The court’s decision splits these two claims, affirming the right to compensation but rejecting the reimbursement for the new tickets.
The court first confirmed that the passengers were entitled to the fixed compensation of €400 each under Regulation 261/2004. This right is triggered by the cancellation itself, and the airline did not argue that extraordinary circumstances were at play. The carrier’s defense—that the passengers did not present themselves for an alternative flight—was dismissed. The court reasoned that the right to compensation is linked to the disruption of the original, contracted flight and is not conditional on the passenger’s subsequent travel arrangements. This part of the judgment reinforces the automatic nature of the EU’s compensation scheme.
However, the court denied the passengers’ claim for the cost of their self-booked replacement flight. Under EU and international law (the Montreal Convention), passengers whose flights are cancelled are entitled to either a full refund of the original ticket or re-routing on an alternative flight provided by the airline. By immediately booking their own flight without contacting the airline, the court found the passengers had “deprived the carrier of the opportunity to fulfill its obligations.” The airline demonstrated it had a reasonable alternative available for the next day. The court concluded that passengers who pre-emptively make their own arrangements do so at their own financial risk, a decision that provides a shield for airlines against escalating and uncontrolled costs.
SOURCE
Source: Rechtbank Noord-Holland
