Flight delay - Agency for Passenger Rights

What rights do passengers have if their flight is delayed?

Passengers are entitled to assistance and care services in the event of a delayed departure:

for flights up to 1,500 km with a departure delay of two hours or more
for flights within the EU of 1,500 km or more with a departure delay of three hours or more
for flights of 1,500 km up to 3,500 km (not within the EU) from three hours departure delay
for flights over 3,500 km (not within the EU) with a departure delay of four hours or more

In such cases, the airline is obliged to offer snacks and refreshments free of charge and to enable passengers to contact the airline free of charge (by e-mail or telephone).

Further assistance services in the event of a delayed departure, 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.

§ The legal basis is Article 6 in conjunction with Article 9 of Regulation (EC) 261/2004.

Be sure to keep invoices for expenses

The apf strongly recommends that affected passengers who are not proactively offered meals and/or accommodation contact the company as a first step before making any independent expenditure.

If you have to organize and pay for your own accommodation, apf recommends that you keep the original invoices and receipts.

What rights do passengers have in the event of delayed arrival?

If the delay at your destination is 3 hours or more, you are generally entitled to compensation.

The amount 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 Art. 7 (1) and (4) of Regulation (EC) 261/2004 as interpreted by the ECJ (judgment of 07. 09. 2017 in case C-559/16 "Bossen/Brussels Airlines").

The compensation payment for flights of more than 3,500 km can be reduced by 50% if the new arrival time is no more than four hours after the scheduled arrival time.

§ The legal basis is Article 7 (2) of Regulation (EC) 261/2004 in conjunction with the case law of the ECJ (judgment of November 19, 2009 in joined cases C-402/07 and C-432/07 "Sturgeon/Condor").

What are my rights in the event of a rescheduled flight?

If the airline brings forward the departure by more than one hour, this is equivalent to a flight cancellation according to the case law of the European Court of Justice.

more on passenger rights in the event of flight cancellation

Passenger rights: Delay

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.