Originally Posted by
thomsoro
Hint: just check, what is a service contract (Dienstvertag) and setoff (Aufrechnung) according to German civil law, it works different in other countries. This is what I wrote before: if someone makes a fault, which is triggering a chain of events this person can be charged for that. So, if you ask your bank to make charge back on your credit card because of damages made by an airline, airline sues you but you can ask to set off which will be analyzed by the court.
Insurance is of course useful and it allows avoiding the proceedings described above.
Just for clarification:
Under German law, a contract of carriage with an airline is generally classified as a service contract, albeit with special legal overlaps.
Classification according to the German Civil Code (BGB)
- A service contract (Sections 611 et seq. BGB) does not owe a specific result, but only the proper performance of the services.
- In the case of an air transport contract, the airline does not owe the success of safe arrival, but the proper execution of the transport in accordance with the recognized rules of aviation.
👉 Therefore, the contract of carriage is not considered a contract for work (§§ 631 ff. BGB).
Special regulations
However, the contract of carriage is not a “pure” service contract, but a mixed-type or special service contract because:
Special laws apply, in particular:
- Montreal Convention (MC) – Liability for delays, baggage and personal injury
- Regulation (EC) No. 261/2004 – Compensation and assistance in the event of delays, cancellations, denied boarding
These regulations supersede the BGB.
As the MC and EC261/04 is very clear, you can ask for - as already previously mentioned - for compensation (600 EUR) and hotel and meal costs. But that's it.