How can I claim compensation if my trip is affected by force majeure?
June 17, 2022 | 40,00 EUR | answered by Sophia Breitwieser
Dear lawyer,
My name is Sophia Klinger and I have a question regarding compensation for travel disruptions caused by force majeure. This summer, I booked a trip to Greece in order to finally relax. Unfortunately, my flight was cancelled due to a strike by ground staff and I was unable to start my vacation.
I have already been in contact with the airline, but they are citing force majeure and refusing to pay compensation. However, I have spent a lot of money on the trip, including hotel reservations and car rental, and I feel cheated out of my money.
My concern now is that I will not be compensated for my financial loss, even though I have suffered significant damage due to the airline's strike actions. Are there any ways for me to claim compensation, even if the airline is invoking force majeure? Are there any laws or regulations that protect my rights as a traveler and could help me get my money back?
I would greatly appreciate it if you could assist me with this matter and provide me with possible solutions. I look forward to your professional advice.
Sincerely,
Sophia Klinger
Dear Mrs. Klinger,
Thank you for your inquiry regarding compensation for travel disruptions caused by force majeure. I am sorry to hear that your holiday could not take place as planned due to the strike of ground staff. I understand that you feel cheated out of your invested money and are looking for ways to claim compensation.
Regarding the situation where an airline invokes force majeure, there are certain regulations and laws that protect your rights as a traveler. On one hand, it is important to note that force majeure is usually considered as exceptional circumstances that are unforeseeable or unavoidable by the airline. This means that the airline is usually not obligated to pay compensation if a flight is canceled or delayed due to force majeure.
However, there are exceptions and specific cases in which travelers may still be entitled to compensation. For example, it could be that the airline did not take all reasonable measures to minimize the impact of force majeure or to offer alternative transport options. In such cases, you may potentially have a claim for compensation.
It is advisable to consult with a lawyer specializing in travel law to examine your situation more closely and consider possible legal steps. An experienced lawyer can help you defend your rights and claim compensation if justified. It is important to gather all relevant documents and evidence to support your case.
In conclusion, it is possible to claim compensation even if the airline invokes force majeure. With professional legal support, you may be able to receive a fair compensation for your financial loss.
I hope this information is helpful to you and I am available for any further questions. Thank you for your trust and I wish you success in asserting your rights as a traveler.
Best regards,
Sophia Breitwieser
Travel Law Attorney
