LHolidaymakers can leave with peace of mind: if their plane arrives at its destination with a delay of more than three hours, and they wish to benefit from the compensation (from 250 to 600 euros) to which European regulation 261/2004 entitles them, they can continue to entrust this mission to an air passenger assistance company (AirHelp, Flightright, Air-indemnisation, RefundMyTicket, RetardVol, AirRefund, etc.).
These companies, the banes of companies, take care of the tedious procedures, in return for a commission (30% to 35%) on the amount paid. In the event of a dispute, they take legal action themselves, with lawyers specializing in air law. When their action is successful, they, for the most part, add costs, without however their total deduction exceeding 50% of the compensation due. The passenger therefore receives at least half of it without having lifted a finger.
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Some companies have tried to hinder their activity by introducing a clause into their transport contracts which prohibits their customers from using them. The Spanish Air Europa thus inserted a provision stipulating that “ the rights belonging to the passenger are attached to his person and [que] their transfer is not authorized”.
Incompatibility
The assistance company Eventmedia Solutions SL, to which six travellers had entrusted the task of recovering their compensation, then took the matter to the Spanish courts, protesting that such a ban was contrary to Regulation 261/2004 (Article 15). This regulation states that “obligations to passengers (…) cannot be limited or lifted, in particular by a derogation or a restrictive clause appearing in the transport contract”.
The Court of Justice of the European Union, seized by the Commercial Court of Palma de Mallorca, ruled in his favour on 29 February. 2024 (C-11/23): such a provision, which prevents the passenger from “assign his claim to a third party, to save himself difficulties and costs likely to dissuade him from taking personal steps for a limited financial stake”is not compatible with the regulation.
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“This European judgment confirms a decision that the Paris commercial court rendered in our favor”explains Anaïs Escudié, founder of RetardVol. Fr: on June 14, 2023, this jurisdiction ruled “ unwritten »because, creating “a significant imbalance between the rights and obligations of the parties”a company clause Spanish Vueling, demanding that the customer present his complaint to him “directly” and grant him “a period of thirty days before resorting to a third party”. The court thus released the files of 257 passengers.
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