Beiträge

Payments to the credit card account used for the ticket purchase are not sufficient

The regional court Korneuburg decided in the cases 22 R 171/21h, 22 R 196/21k and 22 R 210/21v that while Article 7 (3) of Regulation 261/2004 does not generally prevent payments to be made to credit card accounts used by passengers, it must be assessed in accordance with applicable national law whether such payments relieve an airline from its obligation to pay.

If Austrian law applies, it is not sufficient if an airline pays the amount in dispute (i.e., mainly a ticket refund or a compensation payment) to the credit card account a passenger used to pay for his/her tickets. The regional court argued that only payments made to an account the passenger disclosed vis a vis the airline for refund purposes are regarded sufficient to relieve the airline from its obligation to pay.

These rulings especially have an impact on cases in which it is uncertain whether a passenger already received a payment or when exactly he/she received the payment. To comply with these rulings, it would be advisable to either have passengers specify the account they demand a payment to be made to during the refund application process or to contact the specific passenger before issuing a payment.