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Compensation to passengers of up to 600 euros for advancing a flight more than one hour

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The Court of Justice of the European Union has equated compensation for advancing a flight more than one hour with the rights of passengers who suffer a delay or cancellation of the trip. Specifically, two regional courts in Germany and Austria submitted seven preliminary questions to the Luxembourg-based court, which seek to guarantee a homogeneous application of Community law, to clarify the application of the regulations in the conflict between passengers and the companies claiming flights Airhelp and Flightright with the airlines Azurair, Corendon Airlines, Eurowings, Austrian Airlines and Laudamotion.

European justice, in judgment of the past 21 December, has recognized that a flight must be considered as canceled when the air carrier advances it more than one hour, entitling passengers to compensation of 250 euros for trips of up to 1,500 kilometers, 400 euros for trips of between 1,500 and 3,500 kilometers or 600 euros if the distance is greater than 3,500 kilometers.

The European judges consider that the advance may cause the passengers serious annoyances, equal to It is those of a delay, by losing the possibility of freely having your time and organizing your trip or stay according to your expectations.

In addition, in the event of a large advance with the right to compensation, the air carrier must always pay the full amount of the compensation without the right to reduce the compensation by 50% for having offered the passenger an alternative transport that allows you to reach your final destination without delay.

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The passenger, in addition to having a reservation confirmed by the carrier through the ticket, can also provide other binding evidence, such as the contract with the tour operator that undertakes to transport it on a given flight with an indication of the departure and arrival locations, the hours, as well as the trip number.

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Thus, the air carrier must inform the passenger of the exact business name and the address of the company to which he can claim compensation and specify the documents you must attach to your claim. However, you are not required to tell you the exact amount of compensation you may get.

Also, it is irrelevant that the tour operator has received or not a confirmation from the carrier of the advance of the departure or arrival times of that flight. The European Court considers that the passenger cannot be required to obtain information on the relationship between the tour operator and the airline.

When The air carrier informs the tourist intermediary of the cancellation or advance at least two weeks in advance, even if it is an electronic platform, and the agency has not informed the passenger, the right to compensation is maintained. In this case, the company has the possibility to claim compensation for damages suffered from the tour operator.

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