Posted in Aviation Law

Airport directly liable for passenger missing flight due to slow security checks

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.