Was your flight delayed? In the event of a delay, the flight will still take place. However, it will be operated at a later time. In most cases, the flight number remains the same or is only slightly changed. If a flight is delayed, passengers may have extensive rights under the Passenger Rights Regulation. There may also be contractual claims.
Irrespective of any specific damage, passengers may be entitled to a lump-sum compensation payment. This does not arise directly from the Passenger Rights Regulation in the event of a delay. However, the European Court of Justice (ECJ) has ruled that a compensation payment should also be considered if travellers reach their destination with a delay of at least three hours. The amount of the lump sum depends on the flight distance. The distance between the first point of departure and the last destination owed is always decisive in the case of a uniformly booked flight.
For connections within Europe, compensation is limited to EUR 400.00 per person, even for longer distances.
Example: If passengers book a flight from Tenerife via Lisbon to Hamburg, for example, compensation of €400.00 is possible for this intra-European connection, even though the distance between Tenerife and Hamburg is 3,575 km.
For long-haul flights, the compensation may be halved if the delay in arriving at the destination is relatively short.
Compensation is not payable if the passenger was informed of the cancellation more than 14 days in advance. The airline is also not obliged to pay compensation if carriage takes place within certain tight time limits.
The airline is also not obliged to pay compensation if it can rely on an exclusion of liability. For example, an exclusion of liability may apply if the cancellation is due to extreme weather conditions, official orders or an internal strike.
If a flight is delayed by five hours or more, passengers can cancel their trip and get a refund. However, special circumstances may apply to flights that are part of a package holiday.
In the event of a significant delay in departure, airlines must provide assistance (catering and communication) during the waiting period. The point at which the airline must provide passengers with catering and communication facilities depends on the distance of the flight. Catering must be provided at:
If the (onward) carriage takes place only on one of the following days, the airline must also offer the passenger accommodation and a transfer between the airport and the place of accommodation. The airline is also obliged to provide assistance if it can rely on a disclaimer.
Whether or not you have a right will depend on the specific circumstances of your case. The presentation of rights is only a first overview and does not claim to be exhaustive.
For a comprehensive presentation of air passenger rights, see the Website of the European Union.
Here you can easily submit your complaint online – not just for air travel, but also for rail, coach, public transport, package holidays or boat trips.
Geschäftsführerin:
Dr. Sabine Cofalla
Leiter der Schlichtungsstelle:
Dr. Christof Berlin
Amtsgericht Charlottenburg VR29041B
Fasanenstraße 81
10623 Berlin
Tel +49 30 6 44 99 33 – 0
