FlyerTalk Forums - View Single Post - Stuck on tarmac for hours
View Single Post
Old Sep 1, 2017 | 2:55 pm
  #5  
tom tulpe
30 Nights
30 Countries Visited
1M
20 Years on Site
 
Join Date: Mar 2005
Programs: IHG Diamond Ambassador, Accor Plat, M&M FTL, BA Blue, QR Gold
Posts: 5,862
Originally Posted by Often1
Under ordinary circumstances, you would have a claim against AB for the reasonable cost of transport to TXL (but not both as you chose). However, as noted, AB is no longer paying compensation.

You may make a claim and there is always the remote possibility that you may see some tiny amount some day, but that is unlikely.

Your best bet is to review your travel interruption insurance to see whether it might cover this.
Incorrect (again...). AB will not pay claims arising from circumstances prior to August 15th (refunds for tickets bought prior to that date, compensation for cancellations/delays before that date, etc). Anyone with that sort of claim has to join the queue and wait for the eventual distribution of assets (if any).

Anyone with a claim arising from AB trading/operating after August 15th on the other hand is a preferential creditor. They will be paid, in full, unless the Administrators/Trustees notify the Court of "insufficiency of assets", i.e. that in their opinion there are not even enough funds to pay the preferential creditors. It goes without saying that such an event would immediately ground the airline. And, obviously, no such statement has been made so far.

Such are the joys of German insolvency law.

(NB: If you're a lawyer and drafting a contract, those choice of law clauses are there for a reason.)
tom tulpe is offline