Definition of destination given by Court in Amsterdam
We received a judgment regarding British Airways flight BA441 and connecting flight BA43 on 15 November 2009. It concerns a flight from Amsterdam, via London, to Capetown. The airline is obliged to pay the financial compensation to the passengers.
Airlines are still protesting against the right to compensation in case of a missed connection. The Court in Amsterdam makes very clear what the definition of ‘final destination’ is and how it has to be applied according to the Regulation: "final destination means the destination on the ticket presented at the check-in counter or, in the case of directly connecting flights, the destination of the last flight (...)".
Airlines state they are not obliged to pay when the first flight is delayed less than 3 hours. It is now evident that passengers are entitled to compensation in the case of a missed connection, as long as they arrive at their final destination with a delay of more than 3 hours.
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