Cancel flight: How to get your money back
Travelers usually buy plane tickets months in advance. It can happen that something happens and they have to cancel the flight. FOCUS Online explains what costs you are entitled to and how you can get your money back.
If consumers cancel a flight, they can always claim back part of the money. These are the taxes paid, airport fees and the costs that the airline saves for meals and kerosene.
It is a bit more complicated with the share that is attributable to the actual ticket price. Airlines sometimes include a flat-rate reimbursement in their Terms of business or carriage out.
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Each airline sets its own terms in the event of a flight cancellation
The airlines themselves set the cancellation policy. "This is a lucrative business for some airlines," says Ronald Schmid, lawyer in Frankfurt and professor for travel and air traffic law at the Technical University of Dresden. “First they collect excessive cancellation fees from the passenger, then they sell the space on. So they earn double. "
This blooms when you get on the plane, drunk and drunk
Lists with staggered cancellation rates are circulating on various websites. "But these are not binding," says Schmid. "At best, they provide clues. The judge decides in individual cases whether the sentences set out in the general travel conditions are appropriate. ”
Refund up to 95 percent of the ticket price
If the judge decides to reprimand the cancellation clause, this gives the consumer the chance to claim 95 percent of the cost of the canceled flight ticket, explains travel lawyer Paul Degott.
An example: A flight costs 450 euros, of which 150 euros are for taxes and fees. In this case, customers can claim back this 150 euros. The airline uses one inadmissible exclusion clause In addition to reimbursements, 95 percent of the 300 euros that the actual ticket costs are added – customers can then request a total of 435 euros.
How to make your claims
However, enforcing the claims is often difficult in practice: "The vast majority of airlines masonry or levy excessive fees, often only the legal remedy helps," says Degott. However, travelers do not have to give up the money paid: "You should give the money in question First send the airline a written request for payment and set a deadline for reimbursing the costs, ”recommends Degott.
If the airline does not respond, those affected should remind the payment again before taking further legal action. "This is important because a lawsuit without prior warning carries the risk that the airline will still pay – and the plaintiff will be left at the cost of the litigation."
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Free cancellation of the flight ticket in case of "force majeure"
The situation is somewhat different if the traveler is not responsible for the cancellation. Legislation stipulates that travelers should be reimbursed the full cost of their flight ticket if the reason for the cancellation is "force majeure". Which event is actually classified as "force majeure" often remains completely unclear – especially for vacationers. "In the last instance, a judge has to decide," explains Ronald Schmid, professor of travel law. There must be an “objective and sufficiently specific risk in individual cases” for the free flight cancellation.
There is only one case that is indisputably recognized as “force majeure” by everyone – namely when the Federal Foreign Office issues a travel warning. However, this only applies if the travel warning did not exist before the booking was completed. Unforeseen events can include flooding, earthquakes, or storms his. According to travel lawyer Ronald Schmid, the case is also clear if, for example, "a forest fire suddenly occurs at the holiday location that significantly affects the journey".
No reason for a free cancellation is illness or fear of flying
Diseases, fear of flying or other events occurring in the living environment of the traveler are generally not accepted as a reason for a free cancellation of the trip. Jump in such cases Cancellation insurance on.
The following also applies here: the event must occur unexpectedly. Ronald Schmid emphasizes that this is important for everyone who is chronically ill, is currently undergoing treatment or has just completed it before the contract is signed. "For example, if someone was recently treated for a heart condition, the insurance company could refuse to pay if they had another complaint."
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