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Dear Jumbooze!
Thank you for your message. We would like to apologize for the delay in replying.
Under European Union (EU) law (Regulation 261/2004)* on air passenger rights, if an airline places you in a class lower than that for which the ticket was purchased, it shall reimburse the passenger:
(a) 30 % of the price of the ticket for all flights of 1 500 kilometres or less, or
(b) 50 % of the price of the ticket for all intra-EU flights of more than 1 500 kilometres, except flights between the European territory of the Member States and the French overseas departments, and for all other flights between 1 500 and 3 500 kilometres, or
(c) 75 % of the price of the ticket for all flights not falling under (a) or (b), including flights between the European territory of the Member States and the French overseas departments.
Useful information can be found on the website of the responsible Commission department (Directorate-General - DG - for Mobility and Transport):
Air - legislation in force since 2005 - Transport
EU countries are responsible for monitoring and enforcing the Regulation. Please note that the Commission has no power of redress in individual cases between passengers and airlines but monitors the application of the legislation by the national authorities.
We understand that you complained to the German National Enforcement Body (NEB). As a matter of fact, under the Regulation on air passenger rights, each Member State has designated a NEB which is responsible for the application. Their functions include:
The evaluation of individual complaints reported by passengers on a case-by-case basis in order to ensure that the Regulation is properly applied by the air carriers. However, they do not have an obligation to mediate between carriers and passengers, and
the authority to initiate sanction proceedings on an air carrier where it concludes the Regulation has been misapplied. Please note that their enforcement actions are independent from the resolution of your specific claim.
In assessing an individual complaint, NEBs either provide an opinion on whether they consider an air carrier has fulfilled its obligations under the Regulation, or indicate whether they intend to initiate sanctions. This information will allow you to make an informed decision as to whether or not to pursue the matter in court or, if applicable, through a national alternative dispute resolution ("ADR") body.
You should be aware that although the advice of an NEB or its opinion may be used to support a claim, that opinion is not binding on either the air carrier or a court or ADR body. Similarly, please note that if you are dissatisfied with the individual opinion of an NEB, then only a court or an ADR procedure can enforce a passenger's individual rights.
If you wish to complain about the way your specific case was dealt with by the German NEB, we kindly invite you to inform us accordingly.
Additionally, if you would like to pursue this matter further, you may consider seeking legal advice on the means of redress available at the national level. Such means, as a rule, enable you to assert your rights more directly and personally. Where you have suffered loss or damages, for example, only the national courts can award reparation. However, as there are time-limits for bringing a case to court, you may lose your rights unless you assert them within a definite time-frame and act quickly.
In many cases, you could use the European Small Claims Procedure. It aims at simplifying and accelerating the settlement of small cross-border disputes and at reducing their costs. More information about the European Small Claims Procedure, and when it is applicable, is available here:
European Commission - Judicial Atlas - Small Claims - Information
For more information on how to complain to the carrier, how to seek mediation with the carrier or how to bring your case to a competent national court, we advise you to contact a national consumers' association. A list of national consumer organisations can be found on the following webpage of the responsible Commission Department (DG for Health and Consumers):
EUROPA - Consumer Affairs - Empowerment - Consumer associations & networks
If you are a resident of an EU country, Norway or Iceland, and that the airline is based in another EU country, Norway or Iceland, the European Consumer Centres (ECC) Network in your country of residence can assist you. The aim of these centres is to provide consumers with a wide range of services, from providing information on their rights to giving advice and assistance on the submission of complaints and resolution of disputes. Please contact the ECC in your country of residence. A list of centres is available on the website of the responsible Commission department (DG for Health and Consumers):
ECC-Net: travel advice and a buyers' guide for European consumers
See "Find a consumer centre in your country".
We hope you find this information useful. Please contact us again if you have other questions.
*Follow this path to access EU law: EUR-Lex > Simple Search > Natural Number > select document type, year and number of the legislation > press "Search". The "bibliographic notice" provides information on the document, such as dates, procedure and consolidated versions.
With kind regards,
The "Passengers' Rights Team"/EUROPE DIRECT Contact Centre
Disclaimer
Please note that the information provided by EUROPE DIRECT is not legally binding.