What claims do passengers have in the event of cancellations?

In the event of flight cancellation or flight interruption , passengers have the choice between:

• the refund of the ticket price
• the return flight to the first point of departure at the earliest possible time
• alternative transportation to the destination under comparable conditions at the earliest possible date
• alternative transportation to the final destination under comparable conditions at a later date at the passenger's request, subject to availability of seats

§ The legal basis is Article 8 (1) of Regulation (EC) 261/2004).

Are passengers entitled to compensation ifthe flight is cancelled?

The amount of the so-called compensation payment depends on the route booked:

• for flights up to 1,500 km: 250 euros
• for flights within the EU of 1,500 km or more: 400 euros
• for flights from 1,500 km to 3,500 km (not within the EU): 400 euros
• For flights over 3500 km (not within the EU): 600 euros

The flight distances are to be determined using the great circle distance method. For flight connections with connecting flights, only the distance between the place of first departure and the final destination is to be used.

§ The legal basis is Article 7 (1) and (4) of Regulation (EC) 261/2004.

There is NO entitlement to compensation if

• a passenger was demonstrably informed of the flight cancellation at least two weeks before the date of departure
• if a passenger has been demonstrably informed of the cancellation between 14 and 7 days before departure and the alternative flight offered has a departure time of max. 2 hours earlier and an arrival time of max. 4 hours later,
• if a passenger was demonstrably informed of the cancellation less than 7 days before departureand the alternative flight offered has a departure time of max. 1 hour earlier and an arrival time of max. 2 hours later.

However, the air carrier is only released from the obligation to pay compensation if it is informed of the cancellation (and the offer of alternative transportation) in good time, although it remains entitled to the support and care services.

§ The legal basis is Article 5 (1) (c) of Regulation (EC) 261/2004.

If the airline offers an alternative flight, the compensation payment can be reduced by 50 percent if the arrival time of the alternative flight is no later than

• is two hours behind the scheduled arrival time (applies to flight distances of 1,500 km or less).
• is three hours later than the scheduled arrival time (applies to intra-Community flights over a distance of more than 1,500 km and to international flights over a distance of between 1,500 and 3,500 km).
• four hours after the scheduled arrival time (applies to all flights from a distance of 3,500 km).

§ The legal basis is Article 7 (2) of Regulation (EC) 261/2004.

Compensation may not be paid, for example, if the airline can prove that the delay is due to extraordinary circumstances.

§ The legal basis is Art. 5 Para. 3 of Regulation (EC) 261/2004.

What rights do passengers have if the airline does not offer alternative transportation

The guidelines issued by the European Commission reiterate that an air carrier must reimburse the costs of re-routing if it does not fulfill its obligation to offer re-routing under comparable travel conditions.

If the air carrier does not offer a choice between reimbursement or re-routing, but unilaterally decides to reimburse the original ticket costs, the person concerned is entitled to reimbursement of the additional costs of the new ticket under comparable travel conditions.

However, if the person concerned has made their own arrangements for re-routing, although the air carrier has demonstrably contacted them and made efforts to provide care services, it may refuse to reimburse any additional costs incurred.

Other support services such as meals, free telephone calls, hotel accommodation and transfers between the airport and hotel depend on the individual case and must be in reasonable proportion to the waiting time. If the airline does not meet its obligation to pay the hotel and catering costs, apf recommends keeping all invoices and receipts in order to be able to prove the costs and be reimbursed.

§ The legal basis is formed by the guidelines for the interpretation of Regulation (EC) 261/2004.

What care services are available for alternative transportation?

If passengers decide to take an alternative flight after a flight cancellation, the airline is obliged to offer snacks and refreshments free of charge and to make it possible to contact them free of charge (by e-mail or telephone).

Other support services such as hotel accommodation and transfers between the airport and hotel depend on the individual case and must be in reasonable proportion to the waiting time.

⇒ apf recommends that affected passengers who are not proactively offered meals and/or accommodation should contact the company as a first step before making any independent expenditure. If it is ultimately necessary to organize and pay for meals and/or accommodation yourself, apf strongly recommends keeping invoices and receipts and keeping the costs as low as possible!

§ The legal basis is Article 9 of Regulation (EC) 261/2004.

What are "extraordinary circumstances" in air travel?

If a flight arrives at its destination with a delay of three hours or more, the operating company must generally make a compensation payment.

The airlines then often invoke "exceptional circumstances" that exempt them from their obligation to pay.

According to the EU Passenger Rights Regulation (EC 261/2004), extraordinary circumstances are generally deemed to exist if an event occurs that is beyond the control of the airline and makes it impossible to carry out the flight as planned.

The decisive factor is always that airlines have demonstrably taken all reasonable measures to keep the consequences (delays, costs, etc.) as low as possible.

According to the EU Passenger Rights Regulation and rulings of the European Court of Justice (ECJ), extraordinary circumstances include

• Political instability (e.g. uprisings, acts of war, etc.)
• Weather conditions that make it impossible to carry out the flight (hurricanes, hail, severe thunderstorms, flooding, volcanic ash, etc.)
• unexpected flight safety deficiencies (e.g. bomb threat at the airport)
• Strikes by airport or security staff (not the airline itself!)
• air traffic management decisions that lead to a long delay or cancellation of the flight in question
• Bird strike (e.g. damage to the aircraft due to contact with birds)
• Damage to the aircraft due to foreign objects on the runway
• Safety risks (aggressive or heavily intoxicated passengers who disregard safety instructions)

In order to be exempted from paying compensation, it is not sufficient for an airline to claim the existence of an "extraordinary circumstance".

The company must prove that

• an "exceptional circumstance" exists,
• the cancellation or long delay is due to this, and
• all reasonable measures have been taken to minimize the impact

If the airline can successfully prove the extraordinary circumstance in an arbitration procedure , the obligation to pay compensation does not apply. Nevertheless, passengers retain their entitlement to assistance and care services, such as:

• Ticket reimbursement or alternative transportation to the destination
• Meals, drinks, hotel accommodation and transfers in relation to waiting time

If the airline does not proactively offer these services, apf recommends that you first contact the airline before making your own expenses. In any case, keep invoices and receipts in case you have to provide your own accommodation or meals.