INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW destination with a delay of at least three hours.55 The Regulation specifies the amounts of compensation, namely: 1. EUR 250 for flights up to 1500 km, 2. EUR 400 for flights within the EU over 1500 km and all other flights between 1500 and 3500 km, 3. EUR 600 for other flights not covered in the first two points. This compensation is entirely independent of the actual damage occurred and is a result of the airline's strict liability.56 The Regulation does not clarify whether this provision limits the amount of compensation or if it represents liquidated damages intended to ease the claimant's position by not requiring them to prove the incurred damage.57 The CJEU has clairified that the main purpose of this compensation is to replace the damage expressed in lost time due to flight delays or cancellations.58 It further emphasizes that this compensation does not limit the passenger's ability to claim compensation under national rules or the Montreal Convention.59 Therefore, it is reasonable to conclude that this provision introduces liquidated damages.60 In practice, uncertainties arose regarding whether the compensation should be based on the actual distance travelled, encompassing layovers on connecting flights, or if it should be determined solely by distance between the departure and the final destination. In the Bossen61 case, the CJEU explained that the calculation only observes the distance between the initial take-off location at the final destination, disregarding connecting flights.62 This ruling alleviates the financial burden on the air carrier by focusing on the primary flight segments. 4. EXTRAORDINARY CIRCUMSTANCES AS A WAY OUT FOR AIR CARRIERS Extraordinary circumstances serve as an exception to the general rule of compensating passengers for delays or flight cancellations. In recent years, the CJEU has issued numerous rulings that shed light on the evolution of this rule and shape its interpretation. 55 Joined cases C-402/07 and C-432/07, Sturgeon of 19 November 2009, para 69. 56 Kranjc, 2015, pp. 1417-1431. 57 Ibid. 58 Joined cases C-402/07 and C-432/07, Sturgeon of 19 November 2009, paras. 52-54. 59 Case C-83/10, Aurora Sousa of 13 October 2011, paras. 38 and 46. 60 Joined cases C-581/10 and C-629/10, Emeka Nelsonz of 23 October 2012, paras. 52 and 74-75. 61 Case C-559/16, Bossen of 7 September 2017. 62 Ibid., para. 29.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==