Hanover/Kehl (dpa/tmn)
When departure is delayed by hours, a calming drink may seem extremely tempting. However, this is not possible on the account of the airline – exceptions, however, confirm the rule.
In the event of long flight delays, EU law entitles passengers to “meals and refreshments”. If the airline does not offer this, you can buy something to eat and drink yourself at the airport. But: Can it also be alcoholic?
In the case of two Aperol Spritzes that a passenger bought while waiting for £15 at a London airport, the airline refused to reimburse them. The dispute went as far as the district court of Hanover. That proved the airline right – based on the specific wording “refreshments” in the underlying EU Air Passenger Rights Regulation.
The district court reasoned analogously: Alcoholic beverages do not count as refreshments because their effect would normally have the opposite effect. Therefore, the £15 for the Aperol Spritz would have to be deducted from the meal plan. (Ref.: 513 C 8538/22; not yet legally binding)
wine with dinner? No problem for some airlines
So never beer or wine at the expense of the airline in the event of a delay? Things are not quite so black and white, as lawyer Karolina Wotjal from the European Consumer Center in Kehl explains.
Even without the current judgment from Hanover, she would have come to the conclusion that alcoholic beverages are luxury goods that do not have to be reimbursed. From her consulting practice, however, she knows: “There are airlines that also reimburse the cost of wine with meals without questioning them.”
Courts have also come to other judgments. For example, in a 2019 judgment, the District Court of Düsseldorf considered “champagne cocktails and dessert wine” to be recoverable. (Ref.: 27 C 257/18) The Memmingen district court did not go that far in 2021, but it ruled: At least with beer, the line between refreshment and enjoyment has not yet been crossed. However, according to the conviction of this court, wine is no longer a soft drink. (Ref.: 11 C 157/21)
No higher court jurisprudence
In his own words, apart from such first-instance judgments, Wojtal is not aware of any higher court rulings on the question of what still counts as refreshment and what is already a luxury food – especially since this is assessed very differently across Europe.
In this context, she also points to other decisions that did not deal with specific reimbursement issues, but where the meal costs were estimated.
According to the lawyer, ten euros per person and meal were considered necessary and appropriate. “I’ll leave it open to what extent this is realistic at a European airport in 2023 – but you can already see the direction in which this is going.”
Not about the strands
“At the moment I can’t, in good conscience, advise any passenger to go too far here,” said the consumer advocate. Don’t count on getting a full refund. Therefore modesty is appropriate, especially with Aperol Spritz and Co.
Wojtal is of the opinion: “If beer and wine cost the same or almost the same as water and soft drinks, these costs should also be reimbursed.” Cola.
