"Shutdown" in the USA: What affected passengers in Europe are now entitled to
from Georg Loderbauer
Due to the ongoing shutdown in the USA, there is currently uncertainty at many airports. According to an online flight portal, almost 1,500 flights were canceled on Monday and around 8,600 delays were recorded. The reason for this is the partial shutdown of government business in the USA and the resulting staff shortages in flight security.
International flights to and from Europe are also affected, leaving travelers stranded at airports or reaching their destinations with significant delays.
But what rights do those affected have in such cases - especially if they have booked a flight with a European airline or are departing from an EU airport?
According to the EU Air Passenger Rights Regulation (EC) No. 261/2004, passengers are entitled to a range of assistance services in the event of long delays, cancellations or denied boarding.
These apply regardless of the reason for the delay as soon as the waiting time reaches the following thresholds:
|
Flight route |
Waiting time from |
Entitlement to |
|
up to 1,500 km |
2 hours |
Meals, refreshments, opportunity to communicate |
|
1,500-3,500 km, intra-European flights over 1,500 km |
3 hours |
Meals, refreshments, opportunity to communicate |
|
over 3,500 km |
4 hours |
Meals, refreshments, opportunity to communicate |
If an overnight stay is necessary, airlines must also provide hotel accommodation and transportation between the airport and hotel. In the event of cancellations, there is also a choice between a replacement flight or a refund of the ticket price; in the event of delays of 5 hours or more, you can withdraw from the flight and claim the ticket costs.
Travelers can claim these benefits even if the cause of the delay or cancellation is not attributable to the airline.
You may also be entitled to financial compensation - but only if the delay or cancellation is not due to "extraordinary circumstances".
These include, for example:
- extreme weather conditions,
- Security risks,
- Strikes by air traffic controllers,
- political unrest.
In these cases, there is no entitlement to compensation, but not to care and alternative transportation or ticket costs.
Whether the US shutdown constitutes an exceptional circumstance has not yet been conclusively clarified in legal terms. In principle, each individual case must be examined. The decisive factor is whether the airline has taken all reasonable measures to avoid the delay or cancellation (e.g. rebooking, cooperation with other airlines, etc.).
What those affected can do now:
- Ask for assistance: Actively ask for meals, drinks or accommodation at the airport - the airline is obliged to do so if the above waiting times apply to you.
- Keep receipts: Keep boarding passes, booking confirmation and all receipts for additional costs (e.g. meals, hotel, etc.) in case you have to incur expenses yourself.
- Bring patience: In a political state of emergency such as the current shutdown, processing times may be longer.
- The Agency for Passenger Rights carries out mediation free of charge if you cannot agree on a course of action with the airline.