AIR PASSENGER RIGHTS BEFORE, DURING, AND AFTER COVID-19 carriers’ liability, may exempt them from paying compensation in the case of flight delays or cancellations. The occurrence of extraordinary circumstances is not inherently evident, as indicated by the extensive case law of the CJEU. A broad definition of the institute in the Regulation, linked with the absence of more precise criteria for its existence, is insufficient to address cases that have arisen in practice. This creates an opportunity for air carriers to overly rely on this exception, transforming it from an exception into a de facto rule. The Regulation and the CJEU's case law strive for the highest level of passenger rights protection, often overshadowing the position of carriers. The overload, both financially and organizationally, imposed on air carriers by such an approach is the core reason why carriers often intentionally disregard the provisions of the Regulation. During the pandemic, carriers even concealed passengers' rights regarding ticket cost reimbursement and imposed vouchers on them since they were unable to provide refunds in monetary form. Although the regulatory framework in this area is designed in dubio pro consumatore, interpreting rights and obligations should consider the fact that the goals of the Regulation are achievable only through the active participation of air carriers. Consequently, the broad interpretation of passengers' rights as a trend, shaped through CJEU's case law, should not be equated with the effective realization of these rights.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==