If the airline does not fulfill its obligation to provide care, apf recommends that you keep all original invoices and receipts in order to be able to prove and obtain reimbursement of the costs.
What claims do passengers have in the event of denied boarding or overbooking?
If passengers are denied boarding even though they have a valid ticket and have arrived at the check-in or gate on time, they are entitled to compensation if there are no justifiable reasons.
The most common form of denied boarding is overbooking.
In the event of denied boarding, passengers are entitled to
- alternative transportation and a compensation payment
- Reimbursement of ticket costs
Under what conditions can passenger rights be asserted?
The prerequisite for being able to assert passenger rights is that
- a valid ticket is available,
- Passengers must check in on time and present themselves at the gate,
- are denied promotion against their will.
What claims do passengers have in the event of denied boarding or overbooking?
- Alternative transportation to the destination under comparable conditions at the earliest possible date and
- Support services (snacks, meals, drinks, refreshments, hotel, transfers, etc.) in reasonable proportion to the waiting time.
- a compensation payment of up to 600 euros (see table below)
or
- the reimbursement of ticket costs if the booking is waived or a corresponding consideration to be agreed between the passenger and the airline.
With this type of compensation payment, in the form of vouchers or bonus miles, passengers can receive higher amounts than if a cash payment is insisted on.
Be sure to keep invoices
Compensation payment
| Flights up to 1,500km | 250 Euro |
| Flights from 1,500 km within the EU | 400 Euro |
| Flights between 1,500 km and 3,500 km not within the EU | 400 Euro |
| Flights over 3,500 km and 3,500 km not within the EU | 600 Euro |
What are justifiable reasons to deny boarding?
Justifiable reasons for denied boarding are given if:
- passengers are late at check-in or at the gate
- Travel documents missing (passport or identity card invalid or forgotten)
- has been diagnosed with an infectious disease
- general and/or operational safety is at risk (e.g. due to heavily intoxicated persons)
In these cases, passengers are not entitled to compensation.
The legal basis is Article 3 (2a), (4), (7) and (8) of Regulation (EC) 261/2004.
Are there any claims if the passenger cancels?
Cancellation of a flight by the passenger himself is not regulated by the EU Passenger Rights Regulation.
Possible claims for reimbursement against the airline - in particular for taxes and fees - must be asserted through the proper legal channels.
The aviation authorities have no influence on the amount of processing fees. They are set by the individual airlines.
Musterbrief: Nichtbeförderung/Überbuchung
Sample Letter: Denied Boarding
Regulation (EU) 261/2004
Air Travel/Flights
- Not transported despite a valid ticket?
- No compensation payment received?
- Not receiving care services?
- Flight overbooked?