Flight: Cancellations due to volcano alarm

In which cases the EU Passenger Rights Regulation applies

The EU Passenger Rights Regulation (Regulation (EC) 261/2004) is generally applicable to flights departing from airports in an EU member state. In addition, it also applies to all flights from third countries landing in an EU member state - provided that the airline has its principal place of business in the EU.

Flight cancellation: alternative transportation and care

In cases of flight cancellation or flight interruption, the passenger has the choice between:

• the reimbursement of the ticket price
• alternative transportation to the final destination under comparable conditions
• the return flight to the first point of departure at the earliest possible time

Other support services such as meals, free telephone calls, hotel accommodation and transfers between the airport and hotel must also be provided and depend on the individual case.

The following applies: alternative transportation and appropriate care must always be provided by the airline, regardless of the reason for the cancellation.

Compensation payment

In addition, airlines are generally obliged to pay compensation if the passenger was not informed of the flight cancellation at least two weeks before the departure date. If the passenger was informed less than 14 days before departure, the compensation payment may also be waived if alternative transportation is offered that complies with certain time limits. The amount of the compensation payment depends on the distance of the booked route and is between 250 and 600 euros.

Exceptional circumstances - no compensation payment

Article 5 (5) of the EU Passenger Rights Regulation states: "An operating air carrier shall not be obliged to pay compensation under Article 7 if it can prove that the cancellation is due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken." The recitals of the Passenger Rights Regulation also state that weather conditions can constitute extraordinary circumstances - provided that the airline can provide sufficient evidence of these.

The eruption of the Agung volcano is currently considered a force majeure and therefore an exceptional circumstance.

However, apf is happy to examine each case in detail and claim compensation payments and costs incurred due to support and care services not provided - always free of charge and commission-free.

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