This post is also available in: Deutsch (German)

Chaos while flying: do you know your rights?

General information on EU passenger law

The EU Passenger Rights Regulation, which was adopted by MEPs in 2004, defines the compensation that international airlines have to pay to their passengers retroactively for flight delays, flight cancellations, missed connecting flights and denied boarding. Regulation 261 applies for at least three years to almost four years. The three-year period begins at the end of the year: For example, those who flew on January 1, 2017 can claim compensation until December 31, 2020 – almost four years retrospectively. Please note, however, that the EU regulation only applies normal fares for booked flights. Passengers who fly free of charge or generally at reduced prices (discounted flight tickets that are not available on the free market) cannot claim compensation. However, a cheap flight is not a reduced price – so the EU regulation also applies here.

Basically, a passenger is entitled to financial compensation if their flight reaches the destination airport with a delay of three hours or more. In addition, the EU regulation applies to cancellations made within two weeks of departure, missed connecting flights and, of course, in the event of denied boarding on the day of departure.

Of course, EU Regulation 261/14 is a thorn in the side of airlines’ legal departments. With the large number of delays, cancellations or flight cancellations, the airlines incur high costs – because the number of those who have already dealt with the regulation is high. Therefore, airlines often try to avert compensation by pointing out exceptional circumstances. But you shouldn’t let yourself be washed away that easily. On the contrary: it is then important to check whether there is an exceptional circumstance at all. Exceptional circumstances include strikes (depending on the individual case), natural disasters, medical emergencies, the risk of terrorism or bad weather conditions.

In these cases one speaks of “force violence”, by definition an external and inevitable event. This is caused by natural forces or actions of third parties and can therefore neither be predicted nor prevented by the airline.

Right to compensation for flight delays

When it comes to the question of compensation for flight delays, there is a very simple test pattern according to which it is decided whether there is a claim. We now take a closer look at the requirements:

• Is there a delay of three hours and / or more at the destination airport?
• Did the flight start or land in the European Union?
• Were there no exceptional circumstances (“force majeure”)?
• Was the flight not longer than three years ago?

If all four questions can be answered with yes, the EU regulation applies and you should promptly claim your right to compensation. Now the flight distance between the departure and destination airports determines the amount of the compensation. Passengers who have booked a flight that has traveled up to 1,500 km and landed late will receive compensation of up to EUR 250. From 1,500 km to 3,500 km you are already entitled to 400 euros. From a flight distance of more than 3,500 km, the airline must pay you the full compensation of 600 euros.

Englisch Right to compensation for flight cancellation

Flight canceled and now? In this case too, EU Regulation 261 applies and advocates compensation. You are now entitled to the following three compensation:

• Right to compensation of up to 600 euros. The height depends on the length of the flight route.
• Reimbursement of ticket costs or right to rebook a replacement flight.
• You are also entitled to on-site care and support services.

In addition, you are entitled to compensation if you were not transferred to a replacement plane at all or were informed too late about the flight cancellation. In the event of cancellation, the amount of the compensation also depends on the length of the flight route of the booked flight.

Right to compensation for missed connecting flight

The third case deals with the question of what happens if the flight arrives late and you miss your connecting flight. The replacement flight to which you will be rebooked does not start until many hours later, so that you arrive at your destination with a corresponding delay. Regulation 261 also applies now. It regulates the following points:

• Not enough transfer time between arrival and onward flight.
• Replacement flight lands three hours later than the actual flight.
• There are no exceptional circumstances for the flight delay of flight one.

Here too, the amount of compensation depends on the distance from the departure and destination airports. In the case of a missed connecting flight, however, you can only make claims if both flights were booked together.

Assert passenger rights

Where and how can I exercise my rights?
There are various options and procedures here.

You can find this in this article.