Package Travel Directive, Article 14, 5.

ECLI:DE:BGH:2019:060819UXZR165.18.0

According to the principles of performance equalisation and according to the Passenger Rights Ordinance, claims for damages due to long delays must be offset against claims for damages due to breach of the transport contract due to the same delay.

The claimant and his two fellow travellers booked a flight from Frankfurt am Main to Windhoek with the defendant airline for September 15, 2016, where they wanted to embark on a tour of Namibia. Due to the flight delay, the defendant paid compensation payments of 600 euros each to the plaintiff and his fellow travellers based on the passenger rights regulation. The claimant however also demands the reimbursement of the costs for the unused accommodation in the lodge, which he was invoiced for after his claim, as well as the hotel costs for the first night in Windhoek. The defendant asserts that the compensatory payments paid to the plaintiff are to credit against the other claims of the plaintiff according to Art. 12 (1) 2 Passenger Rights Ordinance.

Claims for damages according to the Passenger Rights Regulation: Offsetting with claims for damages due to violation of the transport contract due to the same long delay.

The Appellate Court rightly ruled that the compensation payments made by the defendant due to flight delay are to be offset against the asserted claims for damages and that the plaintiff cannot therefore demand any further compensation from the defendant. An accumulation of the compensation payments according to the Passenger Rights Ordinance and the damages according to §§ 280 Abs. 1, 249 Abs. 1 BGB leads to an unjustified overcompensation for the damages incurred by the plaintiff through the same event.

Volltext: Volltext

Keine Ergebnisse verfügbar

Keine Ergebnisse verfügbar

The claimant must offset the compensation payments already received, with the result that the claims for compensation for transport law, the amount of which are lower, have expired. Article 14 (5) of the new Package Travel Directive 2015/2302, which came into force on December 31 2015, clarifies that compensation payments according to the Passenger Rights Ordinance must be offset against contractual claims for compensation against the tour operator in order to avoid overcompensation.