You may be aware of the passenger’s right to claim compensation for lost time if a flight is delayed or canceled. If passengers are informed about their flight cancellation less than 14 days before the scheduled departure or if the flight is delayed by more than three hours, the passengers are entitled to compensation up to EUR 600.
You may not be aware that Czech courts have jurisdiction to decide such passenger claims even in cases involving foreign airlines. If these airlines operate flights in the Czech Republic, they can be sued before Czech courts.
In our practice, we often encounter unjustified claims by claim agencies. These agencies often abuse Czech procedural law when relying on delivery notifications from courts sent abroad by fiction, which means they are not actually received by the competent person from the foreign airline. In such cases, the airline often fails to respond to a court summons, which automatically leads to a judgment by acknowledgment, and thus its loss in the case.
When it comes to justified passenger claims, problems arise with tickets bought from intermediaries, as they often do not transfer the refund provided by the airlines to the passengers and the airline can be sued by the passengers. It is advisable to settle such claims to avoid increased procedural costs, which is usually the most cost-effective solution for airlines.
Authors: Hana Císlerová, Jakub Mařík