Flight: Cancellation

WHAT IS AN "ANNULMENT"?

A flight cancellation is the non-operation of a planned flight for which at least one seat has been reserved.

Please note: Cancellation of the flight by the passenger does not constitute a cancellation.

§ The term "annulment" is defined in Art 2 lit l of Regulation (EC) 261/2004 is defined.

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MY FLIGHT HAS BEEN CANCELED - WHAT ARE MY OPTIONS NOW?

If a flight is canceled, airlines are obliged to offer passengers a choice between reimbursement of the ticket costs, alternative transportation or a return flight to the departure airport. If the airline does not offer alternative transportation despite active demand, which is why passengers are forced to arrange alternative transportation themselves, airlines must reimburse the additional costs incurred to the originally booked ticket.

⇒ The apf recommends having this procedure confirmed in writing by the airline staff.

⇒ The apf points out that the guidelines issued by the European Commission discuss the fact that an air carrier must reimburse the cost of re-routing if it does not comply with the 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 cost, passengers are entitled to reimbursement of the additional cost of the new ticket under comparable travel conditions.
However, if an air carrier has demonstrably contacted a passenger and made efforts to provide the assistance required under Article 8 and the passenger has nevertheless made his or her own arrangements for re-routing, the air carrier may refuse to reimburse any additional costs incurred.

§The legal basis is Article 5 in conjunction with Article 8 (1) of Regulation (EC) 261/2004.

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THERE IS SOME TIME BEFORE THE START OF MY ALTERNATIVE FLIGHT - WILL I BE CATERED FOR?

Airlines are obliged to offer passengers care services free of charge, i.e. snacks, drinks, communication (e.g. 2 telephone calls) and - if necessary - hotel accommodation and transfers between the airport and hotel.

⇒ If the airline does not fulfill its obligation to cover the hotel and/or 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 Art 5 in conjunction with Art 9 of Regulation (EC) 261/2004.

AM I ENTITLED TO MONETARY COMPENSATION FOR THE INCONVENIENCE?

Airlines are generally obliged to pay compensation in the event of a cancellation - if passengers are not informed in good time [-]- i.e. at least 14 days before departure - or if they are informed at short notice and are not offered alternative transportation within the specified time frame*. The amount of the compensation payment depends on the flight distance and is between 250 euros and 600 euros* and only does not have to be paid out if the airline can prove the existence of extraordinary circumstances (e.g. a volcanic eruption, air traffic control restrictions, etc.), which could not have been avoided even if all reasonable measures had been taken. A technical defect is not generally considered an extraordinary circumstance.

§ The legal basis is Article 5 in conjunction with 7 of Regulation (EC) 261/2004

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HOW IS THE AMOUNT OF THE COMPENSATION PAYMENT STAGGERED?

• 250 euros for a flight distance of 1,500 km or less
  Example routes: Vienna - Berlin or Vienna - Palma de Mallorca
  
  
• 400 euros for a flight distance of 1,500 km or more within the EU
  Example routes: Vienna - Lisbon, Vienna - Rhodes
  
  
• 400 euros for a flight distance of more than 1,500 km and up to max. 3,500 km
  Example routes: Vienna - Tel Aviv, Vienna - Marrakesh
  
  
• 600 euros for all other flights
  Example routes: Vienna - New York, Vienna - Dubai

§ The legal basis is Art. 5 in conjunction with 7 of Regulation (EC) 261/2004.

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THE AIRLINE REFUSES TO PAY - IS THAT ALLOWED?

If the flight cancellation is due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken by the airline, the airline's obligation to pay compensation (compensation payment) does not apply. The company is obliged to provide sufficient evidence of the extraordinary circumstance - a mere assertion is not sufficient.

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

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GOOD TO KNOW

The apf has provided sample letters in German and English on its website(www.passagier.at) for the letter of demand to the respective airline on the subject of "downgrading".

The sample letter can be customized by selecting the text modules that are relevant to the case in question. If an airline only accepts complaints online, the individual text modules can be copied and pasted into the online complaint form.

⇒ apf recommends making sure that the submission of the claim to the company is documented as well as possible (e.g. letter by registered mail, screenshots for online submissions, retention of the automatically generated incoming mail, etc.).

→ And don't forget: apf's service is always - regardless of the outcome of the proceedings - FREE [&] FREE OF CHARGE!