Delayed flight
You have the right to care when your flight is delayed, and you can also claim standard compensation for a long delay. In addition, you may be entitled to damages paid by the airline. The airline has a duty to inform you of your rights.
Right to care
An air passenger’s right to care in case of a delay depends on the length of the flight and the duration of the delay as estimated by the airline.
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- Meals and refreshments in a reasonable relation to the waiting time.
- Two telephone calls or email messages free of charge.
- Hotel accommodation and transportation between the airport and the hotel if the expected departure time is on the day following the time of departure previously announced and an additional stay is necessary.
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- Meals and refreshments in a reasonable relation to the waiting time.
- Two telephone calls or email messages free of charge.
- Hotel accommodation and transportation between the airport and the hotel if the expected departure time is on the day following the time of departure previously announced and an additional stay is necessary.
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- Meals and refreshments in a reasonable relation to the waiting time.
- Two telephone calls or email messages free of charge.
- Hotel accommodation and transportation between the airport and the hotel if the expected departure time is on the day following the time of departure previously announced and an additional stay is necessary.
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- Meals and refreshments in a reasonable relation to the waiting time.Two telephone calls or email messages free of charge.Hotel accommodation and transportation between the airport and the hotel if the expected departure time is on the day following the time of departure previously announced and an additional stay is necessary.You can choose if you wish to cancel the flight altogether and be reimbursed for the cost of the ticket or to carry out the journey. If you cancel the flight, the airline must reimburse the cost of the ticket within seven days. The airline must reimburse the ticket price for each part of the journey not made and for any parts you have already made if the flight no longer serves a purpose in relation to your travel plan. You also have the right to a free return flight to the point of departure indicated on your ticket.
Standard compensation for loss of time
You may have the right to standard compensation if your flight is delayed and reaches the destination at least three hours later than the scheduled arrival time. The standard compensation makes up for your loss of time.
If the airline has not offered you standard compensation, you should claim it as soon as possible.
How much is the standard compensation?
The compensation amount depends on the duration of the flight and the delay caused by re-routing. The airline may reimburse the ticket price and pay the compensation in cash, by bank transfer, by cheque or, with the signed agreement of the passenger, as travel vouchers or other services.
Distance | Delay at destination | Compensation |
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Less than 1,500 km | Over 3 hours | EUR 250 |
Flight within the EU of 1.500 km or more, or flight to a destination outside the EU of between 1,500 and 3,500 km | Over 3 hours | EUR 400 |
Flight to, or return flight from a destination outside the EU, distance 3,500 km or more | 3 to 4 hours | EUR 300 |
Flight to, or return flight from a destination outside the EU, distance 3,500 km or more | Over 4 hours | EUR 600 |
When do you not have the right to standard compensation?
You do not have the right to standard compensation if the flight has been delayed because of extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
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The right to standard compensation does not apply when the flight has been delayed because of extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Examples of extraordinary circumstances are meteorological conditions incompatible with the operation of the flight, security risks, unexpected flight safety shortcomings, political instability and an air traffic management decision resulting in flight cancellation. Extraordinary circumstances are examined in each individual case.
Under case law, a technical fault in the aircraft is rarely a valid reason for not paying standard compensation. Technical faults caused by premature failure of components cannot be considered exceptional, even when they are unexpected. Legal or spontaneous strikes of the airline’s staff are also not valid reasons for not paying standard compensation.
If the airline refuses to pay standard compensation to a passenger, it must be able to show that the incident was not inherent in the normal exercise of the carrier’s activity and that it was beyond the carrier’s control. Such cases include technical failures affecting flight safety caused by sabotage, a terrorist act or hidden manufacturing fault affecting more than one aircraft in the same fleet, which has been notified by the manufacturer or the aviation safety authority. A bird strike and any damage resulting from it are considered extraordinary circumstances.
The airline has a duty to show that the delay was due to extraordinary circumstances which could not have been avoided by reasonable measures. The measures the airline took or could reasonably have taken in the situation consequently affect the liability for compensation.
Compensation for damages caused by a delay
If you suffer damages as a result of a delay, you can claim compensation. You can only be compensated for costs for which you have evidence, for instance a rail ticket that you could not use because of the delay. Compensation cannot be paid for distress and inconvenience.
Travel packages
If your flight was part of a package tour:
- You can claim standard compensation for a cancelled or delayed flight and denied boarding in the same way as for scheduled flights you booked yourself. If you claim standard compensation based on these rights laid down in the EC Regulation, you must file your claim with the airline that operated the flight.
- In addition, you can claim compensation for defects in the trip from the tour operator.
If the airline turns down your claims
If your flight was not as agreed, you can file a complaint with the airline. You should do this as soon as possible. If the complaint filed with the airline does not produce results, you can file a complaint with an authority.
Read also
Filing a complaint about a flightWhen do these rights apply?
Passenger rights on cancellation are based on EU-law and they apply to all domestic and foreign flights, both scheduled and charter flights, departing from an EU airport. In case of flights arriving from outside the EU, these rights only apply if the flight was operated by an EU airline. The rules also apply to flights to and from Norway, Switzerland,and Iceland. Damages to be paid for losses caused by delayed carriage are governed by international agreements.
Legislation
- Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights Opens in new tab Is an external link
- Convention for the Unification of Certain Rules for International Carriage by Air Opens in new tab Is an external link