Complaints about flight time changes

If this results in a delayed arrival at the final destination by more than three hours (compared to the original booking), travelers are generally not entitled to compensation, as the flight schedule has already been changed accordingly in advance and the last announced arrival time is decisive for the calculation of a delay.

An example: The flight originally booked was scheduled to depart at 9 am and land at 11 am. Two months before departure, the airline informs the passenger that the plane will now depart at 12.30 pm and arrive at 2.30 pm. This means that a delay of more than three hours would only occur if the flight actually arrived after 5.30 pm.

Considering the flight time change as a cancellation will also often not lead to significantly better results, as passengers who are informed more than two weeks before departure are not entitled to compensation. However, this legal view would have the clear advantage that Art. 8 of Regulation (EC) No. 261/2004 would apply, giving the passenger the choice of accepting the changed flight as "alternative transportation", requesting alternative transportation or withdrawing from the contract altogether, having the ticket price refunded and, if necessary, making a new booking themselves. There is no case law (in particular from the ECJ) on this topic.

The apf regularly regards flight time changes as cancellations; ultimately, however, this legal opinion has not yet been substantiated by supreme court rulings (in particular by the ECJ).

You can find more information on your rights in air traffic on the apf website at www.passagier.at.