Cancelled tickets resulted in denied boarding
Usually, an air carrier has to pay compensation if they refuse to let passengers board a flight. However, in a recent case, the court ruled that three refused passengers were not entitled to compensation because their flight tickets had been cancelled. The court reached this conclusion despite it being unclear who had cancelled the tickets and how.
Three passengers were supposed to fly from Athens to Copenhagen. The air carrier refused to let them board because their tickets had been cancelled.
The passengers maintained that they had not cancelled their tickets. However, the air carrier's system showed that the passengers - or someone with access to their booking - had cancelled the tickets.
Mystery unsolved
The court decided that there was insufficient evidence to support the existence of a boarding refusal within the meaning of Regulation 261/2004. There was no proof that the air carrier was responsible for cancelling the flight tickets. The case never resulted in a clear explanation for who had carried out the cancellation and how.
IUNO's opinion
This case demonstrates that the regulation does not cover a boarding refusal if the passenger's booking has been cancelled. It also shows that the burden of proof of a valid ticket lies with the passenger. The responsibility will generally lie with the passenger if a ticket is cancelled.
IUNO recommends that air carriers ensure they have clear evidence of the passenger's cancellation, including precise logging of entries in the air carrier's systems. This will reduce the risk of unreasonable claims for compensation in cases where a passenger is denied boarding due to a cancelled flight ticket.
[The court of Frederiksberg's judgment of 20 December 2023 in case BS-31425/2022-FRB]
Three passengers were supposed to fly from Athens to Copenhagen. The air carrier refused to let them board because their tickets had been cancelled.
The passengers maintained that they had not cancelled their tickets. However, the air carrier's system showed that the passengers - or someone with access to their booking - had cancelled the tickets.
Mystery unsolved
The court decided that there was insufficient evidence to support the existence of a boarding refusal within the meaning of Regulation 261/2004. There was no proof that the air carrier was responsible for cancelling the flight tickets. The case never resulted in a clear explanation for who had carried out the cancellation and how.
IUNO's opinion
This case demonstrates that the regulation does not cover a boarding refusal if the passenger's booking has been cancelled. It also shows that the burden of proof of a valid ticket lies with the passenger. The responsibility will generally lie with the passenger if a ticket is cancelled.
IUNO recommends that air carriers ensure they have clear evidence of the passenger's cancellation, including precise logging of entries in the air carrier's systems. This will reduce the risk of unreasonable claims for compensation in cases where a passenger is denied boarding due to a cancelled flight ticket.
[The court of Frederiksberg's judgment of 20 December 2023 in case BS-31425/2022-FRB]
Similar
The team

Aage
Krogh
Partner
Adam
Harding Ryyd Lange
Senior legal assistant
Albert
Berg Giese
Junior legal assistant
Amalie
Bjerre Hilmand
Senior legal advisor (leave of absence)
Anna
Bonander
Legal advisor
Anna
Kreutzmann
Legal manager (leave of absence)
Anne
Voigt Kjær
Senior legal assistant
Anton
Winther Hansen
Senior legal advisor
Ashley
Kristine Morton
Legal advisor
Aurora
Maria Thunes Truyen
Associate
Bror
Johan Kristensen
Senior legal advisor
Caroline
Sofie Urup Malmstrøm
Junior legal assistant
Chris
Anders Nielsen
Senior legal advisor
Cille
Fahnø
Junior legal advisor
Clara
Caballero Stephensen
Junior legal advisor
Daniel
Bornhøft Nielsen
Legal assistant
Ea
Tingkær Hesselfeldt
Legal assistant
Ellen
Priess-Hansen
Senior legal assistant
Elvira
Feline Basse Schougaard
Senior legal advisor
Ema
Besic-Ahmetagic
Legal advisor
Feline
Honoré Jepsen
Legal assistant
Fiona
Wahl
Junior legal assistant
Fransine
Andersson
Senior legal advisor
Frederikke
Østerlund Haarder
Senior legal assistant
Frida
Assarson
Associate
Gustav
Vestergaard
Senior legal assistant
Holger
Koch-Klarskov
Legal advisor
Ian
Englev Jensen
Legal assistant
Ida
Marie Skovgaard Rubæk
Legal manager
Izabell
Celina Bastrup Lüthje
Senior legal assistant
Jacqueline
Lucia Chrillesen
Legal assistant
Johanne
Berner Nielsen
Senior legal assistant (leave of absence)
Julia
Wolfe
Legal advisor
Kaisa
Maria Falkenberg Lending
Junior legal assistant
Kaisa
Nova Ordell Guldbrand Thygaard
Legal advisor
Karl Emil
Tang Nielsen
Senior legal assistant
Karoline
Halfdan Petersen
Senior legal manager
Kateryna
Buriak
Legal advisor
Laura
Jørgensen
Senior legal advisor
Luna
Bennesen
Legal assistant
Marie
Møller Christensen
Junior legal advisor
Mathias
Bech Linaa
Legal advisor
Maya
Cecillia Jørgensen
Senior legal advisor
Mie
Lundberg Larsen
Junior legal advisor
Nikita
Brinck Søberg
Senior legal assistant
Nourchaine
Sellami
Legal advisor
Rosa
Gilliam-Vigh
Legal advisor
Selma
Agopian
Senior Associate, EU-advokat
Selma
Klinker Brodersen
Legal advisor
Silja
Brünnich Fogh von Deden
Legal assistant
Silje
Moen Knutsen
Legal advisor
Stine
Bank Olstrøm
Senior legal assistant
Ulrikke
Sejersbøl Christiansen
Junior legal advisor
Victoria
Mai Gregaard Handberg
Legal advisor (leave of absence)