“Legal Liabilities and Passenger Rights for Missed Flights Due to Long Check-In and Security Queues”

The media are currently warning of long check-in times and long queues at security checks almost every day.

Lawyer Rolf Metz So wasn’t particularly surprised when a travel agent asked him who was liable if you missed your flight for these reasons. In the current newsletter from “Travel Ius”, he explains what the legal situation is.

According to the passenger rights regulation 261/2004, the passenger must check in on time and be at the gate on time. “Timely” means according to the times of the airline. That means waiting times before checking in resp. during security checks are at the expense of the passenger. He must take such times into account when planning.

So you can not count on the fact that the security check will be done quickly. Even if there isn’t a queue, you might get picked for control (eg, if the logarithm of the system picks you) and then it might take a long time.

According to Metz, the German Federal Court of Justice has just had to rule on a similar case. Some German airports have the Easypass system, an automated border control system.

A family wanted to use this system. But that did not work because one of the children had not yet reached the minimum age. Then there were further delays at the ‘normal’ passport control. The family missed their flight. She sued the airport for not correctly communicating the requirements for using Easypass. The lawsuit was dismissed.

The Federal Court of Justice makes it clear that the passenger himself must calculate a sufficient time buffer for security and passport control. The passenger must be prepared for delays and waiting times. And he cannot rely on the computer-controlled electronic border control being always ready for operation. In addition, he must inquire about the requirements for using Easypass at the competent authority (Federal Police).

According to another judgment, according to Metz, the airline must operate an appropriate number of check-in counters in order to be able to “process” the passengers within a reasonable period of time. And there is also a different verdict on long security checks.

For travel agencies, however, it is important that not only the latest check-in time should be stated on confirmations and travel documents, but also a reference to the recommended check-in time at the airport or in the airport. the airline. (OF)