Lufthansa Loses German High Court Skiplagging Case, Revises Conditions of
Key Points
- 1Lufthansa lost a significant skiplagging lawsuit in Germany's highest court, the Bundesgerichtshof (BGH).
- 2The BGH ruled that airlines cannot charge passengers for skipped segments if an emergency caused the omission.
- 3The German court's decision mandates Lufthansa to revise its Conditions of Carriage to reflect this ruling.
- 4This ruling sets a precedent for passenger rights regarding flight segment usage in emergency situations.
Lufthansa has suffered a notable legal setback in Germany, with the Bundesgerichtshof (BGH), the country's highest court, ruling against the airline in a high-profile skiplagging case. The BGH declared that airlines are not entitled to issue additional charges or debit memos to passengers who skip flight segments, provided the segment omission was due to a genuine emergency. This landmark decision clarifies the legal boundaries surrounding passenger conduct and airline punitive measures within the German jurisdiction.
The ruling directly impacts Lufthansa, necessitating immediate revisions to its Conditions of Carriage (COC) to align with the court's interpretation. This case highlights the ongoing tension between airlines and passengers over the practice of skiplagging, where travelers intentionally disembark at a layover city rather than their final booked destination, often to secure lower fares. While airlines typically consider such actions a breach of contract, the German court's judgment introduces a critical exception for emergency situations, potentially setting a precedent for similar disputes in other European Union nations.
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