Update, 10.04.2019: Verdict against Brussels Airlines
The VKI was able to obtain another ruling regarding inadmissible "no-show clauses". In a second court proceeding against the Belgian Brussels Airlines, the Commercial Court Vienna confirmed again that it is grossly disadvantageous to charge fees without taking the reasons for the no-show into account. More information in German language is provided on the website of the VKI legal department.
02.04.2019: Verdict against KLM
KLM Royal Dutch Airlines charged consumers high fees when they didn't use their flights as booked. The so called "no-show clauses" are inadmissible, according to a current verdict of the Commercial Court Vienna (HG Wien).
High fees for no-show
When a consumer only took his departing flight, but not the return flight, he had to pay between 125 and 3000 Euro, depending on the destination and carriage class. For an early baggage pickup, another 275 Euro was charged. The fees were applied regardless of the reasons of the passengers to not take their flights or to not do so in the booked order.
Successfull legal action by VKI
The Austrian Consumer Association (Verein für Konsumenteninformation, VKI), on behalf of the Austrian social ministry, pressed charged against the respective no-show clauses. The HG Vienna now confirmed that those are grossly disadvantageous, as they did not only affect customers who deliberately tried to exploit the tariff system, but also those who were unable to fully use their booked tickets (e.g. due to a delay of the connecting flight). The verdict is not yet final.
More information in German language is provided on the website of the VKI legal department. Find out more about your rights as an air passenger within the EU in our article Problems during air travel.
