The renunciation of the delayed flight by the passenger, upon becoming aware of the time change, does not constitute a waiver of the right toindemnity, provided for by EC Regulation no. 261/2004, which establishes common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellation or prolonged delay. This is what an important sentence of the Justice of the Peace of Bari affirms (n.1713 / 17) which, accepting an appeal by the lawyers of Rimborsovoli.it, portal dedicated to the free protection of travelers, sentenced Easyjet Airline Company LTD to pay financial compensation in favor of a passenger of the flight Milan Malpensa - Bari Palese.
Flight delayed by more than 4 hours? Compensation can be claimed.
Because of delayed flight more than 4 hours of flight EZY2831, scheduled for 7:10 but took off from
Milan at 11:21 am, a passenger was forced to cancel the booking by going to the Genoa airport in order to return to Bari in time to take advantage of a flight with a different company. For this, he had turned to the Rimborsovoli.it service asking for compensation for the damage, in addition to the reimbursement of the ticket.
Defendant in court, Easyjet had noted the inexistence of the right to compensation "by express renunciation of the flight by the passenger". In particular, the airline objected that the EU law, which prescribes compensation for flight delays, "cannot be applied where the passenger decides not to travel on the flight originally booked and fails to show up for check-in".
Of a completely different opinion Court, which considered the passenger's request to be well founded, on the basis of art. 942 Nav. Code according to which “the air carrier must ensure its liability towards passengers in accordance with Community legislation. The damaged passenger has direct action against the insurer for compensation for the damage suffered ".
