Stranded abroad - What rights do those affected have?
A relaxing vacation can quickly become less relaxing if there are problems on the journey home. This summer, for example, around 40 travelers had to spend several days in Rome involuntarily as their flight was postponed several times due to technical problems. In this blog post, Agency for Passenger Rights explains what claims travelers have against airlines in such cases.
Legally, a distinction is made between a delay and a cancellation. In the case of a delay, the flight is rescheduled, whereas in the case of a cancellation, the flight is canceled altogether. The rights arising from this differ.
Assistance with flight delays lasting several days
Flight delays of more than one day are a rare exception. However, they are particularly annoying for travelers, as they may have to request additional days off, cancel important appointments or be unable to keep their children at school. In the event of a delay, the airline is obliged to provide care services, depending on the flight distance and the duration of the delay:
- For flights up to 1,500 km: from two hours delay
- For flights within the EU from 1,500 km: from three hours delay
- For flights of 1,500 km to 3,500 km (outside the EU): from three hours delay
- For flights over 3,500 km (outside the EU): from four hours delay
The support services include meals, refreshments and the opportunity to make contact free of charge (by e-mail or telephone). In the event of delays lasting several days, airlines are also obliged to organize hotel accommodation and transfers between the airport and hotel. These services must be proportionate to the waiting time and free of charge.
Important for travelers: These care services are available from the times stated above in any case. If the airline does not offer these on its own initiative, apf recommends contacting the company directly on site or in writing. If no corresponding offers such as meal, hotel or cab vouchers are provided, travelers can also incur expenses themselves, which should then be claimed from the airline. It is important to keep the original receipts and to reduce costs (no luxury hotels).
Compensation for flight delays lasting several days
In general, travelers are entitled to compensation if they reach their destination with a delay of three hours or more. This also applies to delays lasting several days. The amount of the payment is based on the flight distance and not on the ticket price or the duration of the delay:
- 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 (outside the EU): 400 euros
- For flights over 3,500 km (outside the EU): 600 euros
However, compensation will not be paid if the airline can prove that the delay was caused by extraordinary circumstances beyond its control (e.g. extreme weather conditions, security deficiencies, strikes by airport staff, aggressive passengers). However, the entitlement to care services remains unaffected.
No entitlement to alternative transportation in the event of delay!
A delay of several days does not generally oblige the airline to offer passengers an alternative flight connection.
As a rule, rebooking is only mandatory in the event of flight cancellations, rescheduling or overbooking.