Airlines can´t forbid passengers to engage claims companies

Provincial court of the Balearics has cancelled a clause applied by airlines

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airline claims

Many have turned to a claims company for compensation after a delayed or cancelled flight or lost luggage. Special online claim companies arrange everything for a fee or a percentage of the amount to be paid out.

Airlines are finding it increasingly difficult to avoid paying compensation to passengers. That is why some flight companies had included a clause in their terms and conditions to prevent affected customers from calling in a specialised claims company. Now the Provincial Court of the Balearic Islands has cancelled the clause in question.

Transfer of rights to third parties prohibited

According to TouriNews, the companies added an additional section to the ticket purchase conditions. This prohibited the transfer of passenger rights to third parties. The claims companies are almost always online portals that specialise in claiming compensation. This is possible in the event of delay, cancellation, denied boarding or problems with luggage, among other things.

European Court v Ryanair

The Court of Justice of the European Union previously ruled on this against Ryanair. As a result, several provincial courts have also issued judgments in which this clause is considered “abusive” for consumers. It is therefore officially declared null and void.

No valid reason

The Court in the Balearic Islands says that a certain rule in the airlines’ contract is automatically invalid. This is not only because this rule is unfair to customers by restricting their rights, but also because this rule has no valid reason.

Also read: OCU demands end to Ryanair checkin malpractice

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