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Are you a travel agent or tour operator currently dealing with flight disruptions in connection with the ongoing crisis in the Middle East? We would like to draw your attention to information that may prove useful in certain cases. Where a tour operator discharges obligations that are likewise incumbent upon an airline under Regulation (EC) No 261/2004 on air passenger rights, the tour operator is entitled to a right of recourse against the airline. In practical terms, this means that where you have been required to arrange accommodation, transfers, meals, or replacement flights, you may seek reimbursement of such costs from the airline concerned.
Further confirmation that this right exists not only in theory but also in practice can be found in a recent judgment brought to our attention by colleagues in Malta. In that case, a Maltese court awarded a tour operator more than EUR 28,000 by way of recourse against an airline, after the tour operator had been required to arrange replacement flights, accommodation, and meals for 31 passengers. The airline had cancelled the flights and provided alternative transportation for only 11 passengers, without arranging accommodation.
Judgment from Malta
The court confirmed that the airline is obliged to provide re-routing, compensation, meals, and accommodation in accordance with the applicable EU Regulation. As these obligations had been discharged by the tour operator in place of the airline, the court upheld the tour operator’s right of recourse. Given that EU law must be interpreted consistently across all Member States, we consider it appropriate to draw attention to this judgment, notwithstanding that it does not originate from the Czech Republic.
When Does the EU Regulation Apply?
The Regulation does not apply to flights operated by non-EU air carriers departing from outside the European Union to the EU. Such carriers are subject to a significantly narrower scope of obligations towards passengers as well as towards tour operators and travel agents. In such cases, recourse claims are generally not available and would, in any event, be difficult to enforce. Nonetheless, even these carriers remain obliged to provide re-routing or reimbursement to tour operators.
Briefing for Members of ACK
Tour operators and travel agents who are members of the Association of Czech Travel Agencies (ACK) may already have consulted our briefing note entitled “Essential Legal Know-How for Tour Operators in Connection with the Middle East Crisis”, available in the members-only section of the ACK website. We continue to update this document in response to ongoing developments.
Travel Law Advisory
Should you wish to pursue a recourse claim or require advice to determine the appropriate course of action in a specific situation, please do not hesitate to contact us.
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Markéta Poledníková
Markéta Poledníková
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