Flight delays lasting several days - what are travelers entitled to?

At the beginning of the year, an incident involving an EasyJet flight made the headlines: The plane took off from Innsbruck Airport 28 hours late. The cause was a technical defect that could not be rectified on site. In the end, a replacement plane had to be brought to Innsbruck via Salzburg to take the passengers to their destination.

To the annoyance of those affected, however, the airline failed to inform them of the benefits to which they were entitled. The Agency for Passenger Rights (apf) examined the case and shows what claims travelers can make in such situations.

Assistance and care services in the event of delayed departure

The type of assistance and care to which passengers are entitled depends on two factors:

• Flight distance (up to 1,500 km)
• Duration of the delay (from two hours)

In this specific case, the flight distance between Innsbruck and London was less than 1,500 kilometers and the delay was significantly longer than two hours.

According to Articles 6 and 9 of the Air Passenger Rights Regulation, the airline is obliged to provide passengers with meals and refreshments free of charge in such cases. In the case of a delay of 28 hours, this usually includes breakfast, lunch and dinner as well as appropriate drinks (e.g. mineral water).

In addition, hotel accommodation and transfers between the airport and hotel must be offered for such a waiting time.

This means that EasyJet was obliged to do so in this case:

• provide food or meal vouchers for all passengers, and
• organize an overnight stay in Innsbruck including transfer.

Be sure to keep invoices

If these services are not offered, passengers can make the necessary expenses themselves. Important: The costs must be proportionate (no luxury hotels or gourmet restaurants).

The apf recommends keeping all original invoices for costs incurred and submitting them to the airline for reimbursement.

Compensation for late arrival

In the event of a departure delay of 28 hours, timely arrival at the destination is also excluded. Passengers are entitled to compensation in the event of an arrival delay of three hours or more, regardless of the ticket price.

For flights up to 1,500 kilometers, this compensation amounts to 250 euros per person in accordance with the Passenger Rights Regulation.

What costs can passengers claim from EasyJet?

Affected parties can claim the following costs:

• Catering during the waiting time
• Communication costs (e.g. roaming charges for telephone calls)
• Hotel accommodation in Innsbruck
• Transfer between airport and hotel
• Compensation payment of 250 euros per person

The apf provides a sample letter for submitting these claims. Claims can be submitted via the EasyJet portal:

https://www.easyjet.com/en/claim/EU261

Attention: no alternative transportation possible - refund possible

Although the flight delay in this case was enormous, the flight was operated. The flight was therefore not canceled. The airline is therefore not obliged to reimburse the costs of independently booked alternative transportation to the destination. However, if those affected decide not to take the flight after a departure delay of at least five hours, the airline is obliged to reimburse the ticket costs for the flight not taken.

Claim rejected or no response for 6 weeks?

If EasyJet rejects the claims or does not respond to the submission after six weeks, passengers can file a claim free of charge arbitration request with the Agency for Passenger Rights file a claim with the

Our team of experts in the field of aviation law will be happy to support you and conduct a consumer arbitration procedure with EasyJet. This procedure is always free of charge for those affected and without any fees or commission payments.

If you have any further questions about the conciliation procedure, our team is available by telephone from Monday to Friday, 10:00 to 12:00, on +43 1 5050 707 740.