Airlines: Simply Claiming “No Earlier Flight” for Long Delays Is Not Enough, Court Rules

THE BOTTOM LINE

• Heavier Burden of Proof: Following a significant flight disruption, an airline cannot simply state that no earlier rebooking options were available. A Dutch court has affirmed that the carrier must provide concrete evidence to prove it.
• Financial Liability Remains: Even if the initial disruption was caused by “extraordinary circumstances,” failing to prove that rebooking passengers onto a flight arriving more than 24 hours later was the only viable option will result in the airline being liable for full EU261 compensation.
• Operational Documentation is Key: This ruling underscores the need for airlines to meticulously document their search for alternative flights, including those with competing carriers, to build a defensible case against passenger claims.

THE DETAILS

In a recent case before the District Court of North Holland, passengers traveling with Delta Air Lines from Amsterdam to Fort Lauderdale, USA, experienced a significant delay. A disruption on their first leg to Boston caused them to miss their connection, and they were ultimately rebooked on a flight that arrived at their final destination over 29 hours later than originally scheduled. The passengers claimed the standard €600 compensation per person under EU Regulation 261/2004, a claim the airline contested.

The court’s decision hinged not on the cause of the initial delay, but on the airline’s subsequent actions. Citing established European case law, the judge highlighted that rebooking passengers onto a new flight that arrives more than 24 hours after the originally scheduled arrival time is, in principle, not considered a “reasonable measure.” This legal standard places a heavy burden on the airline to demonstrate that no better, faster alternative existed to mitigate the inconvenience for the passengers.

Delta’s defense ultimately failed due to a lack of evidence. The airline argued that flight availability on the route was limited and that it had to rebook a large number of passengers. However, the court dismissed these as unsubstantiated assertions. The judge clarified that it was the airline’s responsibility to prove that there were no other available seats on any earlier flights—whether direct or indirect, and operated by Delta or any other airline. Without specific proof, such as booking logs or availability reports, the airline could not show it had taken all reasonable steps. The court, therefore, ruled that the compensation was due in full.

SOURCE

Source: District Court of North Holland