An important case for those, like me, that have dwelled with airline companies on delays and compensations.
Extraoridnary circumstance (aka when passengers do not get to gain compensations) are those “not intrinsically linked to the operating system of the aircraft“.
Germany (at teh forefront of passengers’ rights): due to slow security checks, one family missed the flight and had to purchase E600+ of tickets again.
The ruling was based on that the ground-handling contract between the airport and the air carrier entailed protective measures for third parties such as passengers and its performance must be executed in a proper and smooth manner.
Furthermore, four addiitonal conditions will apply:
- Security checks must have been already successfully passed;
- The delay must be evident for both contractual parties;
- The passenger must present the necessary proximity to the creditor of the ground handling agreement;
- The passenger has no further separate contractual entitlement against the air carrier to claim reimbursement in case of late arrival at the gate – EU Regulation 261/2004 is not applicable in this case – and is therefore in need of protection.