Court of Justice: a boarding pass proves a flight reservation

Delayed flight 

After two passengers booked a package tour with a tour operator, they found their return flight from Tenerife to Warsaw was delayed by more than 22 hours. The passengers therefore submitted a compensation claim to the airline under EU rules, which the airline refused to pay.

According to the airline, the passengers did not have an officially confirmed and paid reservation. Copies of their boarding pass, the airline argued, did not constitute sufficient proof, before going on to claim that another party paid for the package trip on special terms. The passengers were therefore supposed to have travelled for free or at a discount, in which case they would not be entitled to compensation.

Polish court

The passengers took the case to a Polish court, which referred the matter to the CJEU for clarification: were the passengers entitled to compensation under EU law?

Court of Justice ruling

The Court ruled that a boarding pass does prove that the airline or tour operator accepted and registered the reservation. Individuals who check in and board the flight with a boarding pass must be considered passengers with a confirmed reservation.

The Court also ruled that the passengers did not travel for free or under a special fare unavailable to the public. That would only be the case if the airline itself had offered the discount. The fact that another party paid the travel agency, and the agency in turn paid the airline, did not affect the passengers’ entitlement to compensation.

Finally, the Court made clear that it is up to the airline to prove that a passenger travelled for free or under a special fare.

Want to know more?

The full ruling C 20/24 Cymdek, can be found on the InfoCuria website (Court of Justice case law) CURIA - Documents (europa.eu).