Flight delay compensation: what you need to know

If the plane is delayed, passengers should know their rights. When are you entitled to a refund? And in what form is the passenger entitled to compensation? We have the answers.

What is a flight delay and what rights do I have as a passenger?

Since February 2005, the current Air Passenger Rights Regulation has been in force, which ensures that passengers receive compensation in the event of airline delays. As a passenger, you should already have some information at the airport that can mean hard cash. The first question you should ask yourself in this context: At what point does a delay apply and how can it be measured?

The European Court of Justice (ECJ) has ruled that the assessment of a flight delay is based on the time of arrival. When the plane has at least one door open and the passengers can actually leave the plane. As compensation and refunds can be a matter of minutes, we advise you to document everything with your cell phone camera. It sounds petty, but it can make a difference of several hundred euros.

Hence the first tip: take a photo of the display board at the airport or take a photo with a time stamp of the closed or open door of the aircraft. Incidentally, it is not enough for an airline to argue that the aircraft touched down on the runway. Only when the aircraft can actually be disembarked can one speak of arrival according to the ECJ.

Requirements for compensation:

• The guest has checked in on time (up to 45 minutes before departure).
• The airline is responsible for the delay.
• The flight has taken off or landed in the EU (the airline is based in the EU).
• Both holidaymakers and business travelers are entitled to compensation.

When will I receive compensation and damages?

According to EU air passenger law, passengers are entitled to between €250 and €600 in compensation for delays of 3 hours or more, as well as catering services at the airport.

Prerequisite: The airline itself must be responsible for the delay. However, if a storm is responsible, this falls under extraordinary circumstances and no compensation can be claimed.

About the compensation: For a distance of up to 1,500 km (short-haul ), the passenger is entitled to €250 from a delay of 3 hours. This applies even if the plane ultimately does not carry the passenger at all. For all flights within the EU from 1,500 km (medium-haul) and from a delay of 3 hours, €400 can already be claimed. For flights outside the EU and over 3,500 km (long-haul ), €300 can be claimed for delays of 3-4 hours, and €600 for delays of over 4 hours.

These entitlements can be claimed retroactively for up to 3 years.

Important: European passenger rights only apply if the flight departs from or lands in the EU and the airline is also based in the EU.

The passenger is always entitled to compensation, even if it is a business trip and the ticket was paid for by the company. The passenger who suffered the damage is entitled to compensation.

And this compensation is due during the waiting times:

Regardless of the route, you may cancel your flight if it is delayed by 5 hours or more. The airline is obliged to reimburse the costs in full or to find another form of transportation to the destination. Otherwise, transport to the point of departure must be organized.

If the flight is postponed to the next day, the passenger is entitled to an overnight stay in a hotel including a return trip to the airport. It is best to get all this in writing.

If the airline does not want to pay…

Speaking of in writing: some airlines do not meet their payment obligations and try to put passengers off with vouchers that do not even come close to the compensation payments. In addition, some airlines try to get passengers to sign a waiver for further claims. Please don’t sign anything! Otherwise you will no longer be able to claim compensation.

If the airline does not want to pay for the compensation, but you are certainly in the right, you can consult a lawyer. The costs will also be borne by the airline if you are entitled to a refund and it was necessary to seek legal assistance to enforce this right. If these points are met, the costs for the lawyer are not borne by the passenger.

If you have booked your vacation through a tour operator and there are flight delays of at least 3 hours, you can also claim compensation from the tour operator. However, the compensation payment is lower than what you can claim from the airline. This is because the tour operator would be guided by the “Frankfurt Table” and not the “Air Passenger Rights Regulation”.

Therefore, our tip: Contact the airline directly and not the tour operator. If the flight delay results in consequential damages for the passenger in the form of missed appointments on business trips, claims can be asserted in accordance with the Montreal Convention and Sections 280 and 281 of the German Civil Code (BGB). According to Article 12 of the Passenger Regulation, claims exist not only for material but also for immaterial damage. The compensation payment can therefore amount to up to €6,000.

Please note: The more complicated the case is, the more worthwhile it is to consult a specialist lawyer who will take over the communication with the airline and the concrete calculation of the individual compensation.

When is the passenger not entitled to compensation?

There are many cases in which passengers are not entitled to compensation for flight delays. Here is a list:

• Flight is less than 3 hours late.
• If the airline has given 14 days’ notice of a cancellation.
• If the passenger has not checked in on time (at least 45 minutes before).
• The flight took place more than 3 years ago.
• If a free or reduced tariff has been used that is not directly or indirectly available to the public.
• If children were transported free of charge and without their own ticket.
• In the event of exceptional circumstances, such as bad weather, security risks, bird strike, mouse on board, (wildcat) strike, PC failure at the terminal.

How is the entitlement to compensation for business trips regulated?

Especially for business travelers with a busy and well-structured schedule, flight delays are more than just a nuisance. Work schedules are disrupted, appointments have to be postponed or canceled altogether and sales are lost. For the employer, this means paying the employee for overtime and, in urgent cases, finding an alternative travel route and bearing the additional travel costs. However, the stress remains with the employee, which is why he and not his employer is compensated by the airline.

This is because the Air Passenger Rights Regulation provides for compensation to be paid to the passengers affected and not to the party who paid for the trip.

Exception: The employer requires the employee to transfer the compensation to them. This is common practice at large companies and is legal for all those who have stipulated this in their travel policy or even in their employment contract.

How is compensation for a flight delay calculated?

As already clarified, the right to compensation arises in the event of a flight delay of at least three hours. The time of arrival at the destination is decisive for the calculation. Not the moment of landing, but the moment at which the aircraft can be disembarked. The Passenger Regulation sets the opening of the doors as the correct time for this. So it is not the departure time that is relevant, but the arrival time.

Airplane delay – how to get help and your money back

Although passengers are entitled to compensation in the event of a flight delay, some travelers are reluctant to make a claim. Mostly because they simply don’t know what to look out for. Therefore, here is a list of all the documents you should submit when applying for compensation:

• Flight ticket
• Written confirmation of the flight delay
• Possible receipts for expenses due to the delay, e.g. hotel
• Specification of the reason for the delay (to be provided in writing)

The claim for compensation should be addressed to the airline, not the tour operator. However, the airline should receive a copy of the claim. The claim should be submitted in writing with all documents, ideally with a 14-day response deadline. A sentence that has already helped one or two passengers: “If there is no reply, legal assistance will be called in”.

If this is too much effort for you, you can benefit from legal assistance right from the start. There are now many companies that specialize in flight delays and help passengers to assert their claims. Such a company takes care of the communication with the airline, which leads to success more often than if a private individual asks for compensation. The service providers in question take a commission of around 30% for their efforts.

The good thing about this is that the passenger does not have to bear any costs out of their own pocket and pays for the assistance through the commission that is deducted from the compensation. A Google search will help you find the relevant providers. The same applies to sample letters, which can be found in abundance on the Internet and do not have to waste a lot of time formulating and compiling the information correctly. There are therefore many ways for passengers and business travelers to claim compensation in the event of a flight delay. Some are more time-consuming, others are very simple.

There’s only one thing you shouldn’t do: Sit on the delay.

At a glance:

• Passengers with a flight delay of 3 hours or more are entitled to between €250 and €600.
• The airline does not have to pay if there are exceptional circumstances.
• The airline must provide catering and communication if the flight is delayed by 2 hours or more.
• On departure one day later, the guest is entitled to accommodation and transfer.
• If the entire flight is canceled, other regulations apply: Flight cancellations

What is EU Regulation 261?

EU Regulation 261 is also better known as the Air Passenger Rights Regulation 261/2004 and regulates the rights of air passengers in the EU. It contains common rules on compensation and assistance for passengers in the event of flight delays, denied boarding and flight cancellations. This regulation clarifies what assistance and compensation airlines are entitled to provide to their passengers if the following problems arise:

• Flight delay
• Flight cancellation
• Flight overbooking
• -adjusted connecting flight

This regulation applies to all flights departing within the EU, regardless of where the airline has its headquarters. The regulation also applies to all flights that land in the EU, provided that the airline has its headquarters within the EU.