Tourists who have booked a package holiday are entitled to compensation if their flight is significantly delayed, the European Court of Justice ruled on Thursday.
This judgement followed a preliminary question from a Polish judge. The case involved two passengers whose flight from Tenerife to Warsaw, part of their package holiday, was delayed by 22 hours.
The passengers demanded compensation under European law from the airline that operated the flight. The airline refused, claiming the passengers did not have a confirmed and paid reservation for the flight.
The airline argued that the tour operator had paid for the flight at a discounted rate, making the flight free or low-cost for the passengers, and thus disqualifying them from compensation.
The Court determined that passengers who have checked in, travelled on the flight, and possess a boarding pass are considered to have a confirmed booking. It concluded that the passengers did not travel for free or at a reduced fare.
The Court added that payment to the tour operator, who then paid the airline, does not negate the passengers’ right to compensation.
