Air Passenger Rights: Right to Compensation

The European regulation 261/2004 protects air passengers in the event of denied boarding, delay or cancellation. 

Has your flight been delayed or cancelled? Find out about your rights and what to do to get a refund.

• All passengers departing from a country of the European Union, Iceland, Norway (or Switzerland)

• All passengers arriving in a country of the European Union, Iceland, Norway (or Switzerland), if the airline is based within the EU

You are entitled to compensation if the arrival of your flight is at least 3 hours later than the original scheduled time.

The height of the compensation in case of delay is from 250 Euro up to 600 Euro, depending on the flight distance:

• 250 Euro for flights up to 1500 kilometres

• 400 Euro for flights between 1500 and 3500 kilometres

• 300 Euro for distances beyond 3500 kilometres, if the delay is between 3 and 4 hours

• 600 Euro for distances beyond 3500 kilometres, if the delay is at least 4 hours
   

If the departure of your flight is several hours late, your air carrier is obliged to provide you with free drinks and meals at the airport from which you depart. You also have a right to two telephone calls, two faxes or two e-mails.

If your flight is delayed to the extent of not leaving until the next day, you are also entitled to accommodation and transportation between the airport and the accommodation.

The assistance listed above is dependent on the waiting time and the flight distance. It applies if your flight departs with a delay of more than:

• 2 hours for flights up to 1500 kilometres,

• 3 hours for flights in the European Union of more than 1500 kilometres and for all other flights between 1500 et 3500 kilometres,

• 4 hours for flights of more than 3500 kilometres.
   

In case of a delayed departure between 5 hours or more you can choose between:

• Continuing your trip

• Postponing the trip

• a renouncement and refund of the tickets for the part(s) of the trip not taken and for the part(s) of your trip already taken and no longer requested (e.g. delayed departure of the connecting flight, return paid for by the airline).

If your flight has been cancelled, ​​​​your air carrier is obliged to provide you with free drinks and meals at the airport from which you depart. You also have a right to two telephone calls, two faxes or two e-mails.

Additionally, you have the right to choose between a refund of the ticket or another flight to your final destination in similar transport conditions.

You can also claim a compensation of

• 250 Euro for flights up to 1500 kilometres

• 400 Euro for flights between 1500 and 3500 kilometres

• 300 Euro for distances beyond 3500 kilometres, if the delay is between 3 and 4 hours

• 600 Euro for distances beyond 3500 kilometres, if the delay is at least 4 hours
   

There is no right to compensation if:

• You were informed of the cancelation of the flight at least 2 weeks before departure

• The airline provides an alternative flight which is less than 2 hours earlier or the arrival is less than 4 hours late

• The airline proves that the cancellation is caused by exceptional circumstances (volcanic eruptions, civil war, earthquake or other extraordinary circumstances)

As mentioned above, there is no right to compensation if the flight cancellation or delay is due to unavoidable extraordinary circumstances. But what exactly are those?

The European regulation 261/2004 does not provide examples, but states that „extraordinary circumstances occur when air traffic is disrupted „although all reasonable measures have been taken by the air carrier in order to avoid delays and cancellations.“ 

There are some situations indisputably defined as unavoidable extraordinary circumstances, such as a volcanic eruption blocking the air traffic, a heavy snowfall, a storm, an act of terrorism, etc.

On the contrary, other circumstances claimed by the operator can be discussed.

For instance, this is the case for staff strikes of the airline. 

There is a need to differentiate: does the airline have the possibility to take measures to avoid flight cancellation and is thus responsible?

In the event of the strike of staff hired by the airline, the airline usually is informed and able to take measures. If the staff is hired by the airport, for instance air traffic controller, this can be seen differently.

If the airline has sold more tickets than seats available, you may be denied boarding.

In this case, the airline must at first call on volunteers. Those volunteers accept to delay their flight. Passengers who volunteer are entitled to:

• Reimbursement of the ticket, plus, if necessary, provision of a return flight to the departure airport

• Drinks and meals during waiting time for the alternative flight

• Compensation negotiated with the airline
   

If you are denied boarding even though you did not volunteer OR the boarding is denied in an unjustified way (e. g. denied boarding due to allegedly incorrect identity papers, plane takes off during verification) you have a right to:

• Choose either an alternative flight to your final destination OR a refund of the ticket plus, if necessary, a return flight to your departure airport

• Drinks, meals, two phone calls, two faxes or two e-mails, and if necessary an accommodation and the transport between the airport and the accommodation

• Compensation of: 250 € for flights up to 1500 kilometres; 400 € for flights between 1500 and 3500 kilometres, 300 Euro for distances beyond 3500 kilometres, if the delay is between 3 and 4 hours;  600 Euro for distances beyond 3500 kilometres, if the delay is at least 4 hours
   

If your flight has been delayed or cancelled, the following steps must be taken to claim your rights.

1. At the airport: Require written confirmation of the flight delay, cancellation or denied boarding by the ground staff of the airline. Should the employee refuse to issue those documents, take photos of the notice board and ask fellow passengers for written testimonials.
    
2. Keep all the payment receipts (meals, taxi, hotel)
    
3. Contact the airline: contact the actual operator, meaning the one who was to carry out the flight. Operating company and selling company can differ. To find out who is your actual carrier, check the mention „operated by“ on your reservation.
    

If your air journey is carried out by several successive airlines, you have to contact the carrier that made the flight during which the incident occurred, unless one of the companies has declared itself responsible for the entire journey.

Use the online form that the airline provides on its website. Once completed, take a screenshot to keep proof of the procedure.

If your procedure fails at the end of 6 weeks and your claim is against an airline based in an EU-Country, United Kingdom, Iceland or Norway, you can contact the European Consumer Centre of your home country free of charge!

Consumers who have a problem with an airline have several options for out-of-court dispute resolution or arbitration:

• European Consumer Centre Germany

• SÖP- Schlichtungsstelle für den öffentlichen Personenverkehr e. V.(German conciliation body)

• Bundesamt für Justiz – Schlichtungsstelle Luftverkehr (Federal Office of Justice - conciliation body)

There are different conditions for using one or the other body, these can be found on the relevant websites.

If you are in doubt about which body is best suited to your case, you can contact the European Consumer Centre Germany, we will be happy to help you.

Disabled passengers or passengers with reduced mobility have the right to travel under similar conditions to those available to other passengers. This is specified by the European regulation 1107/2006. In particular, the airline or travel agency cannot refuse to sell a ticket or board a traveller based on his or her disability or age, except for immediately justified security reasons.

If the airline refuses the service due to security reasons, you have a choice between a full refund of the ticket OR a re-routing to your final destination.

Ask your airline for free assistance in the airports of the European Union.

The boarding as well as any equipment necessary for mobility, including electric wheelchairs, have to be free of charge.

To receive assistance at the airport for boarding, disembarkation and connecting flights, you need to make a request while booking or no later than 48 hours before departure.