The EU Air Passenger Rights Regulation

Since 2004, European passengers have enjoyed special protection under EU Regulation 261/2004. This comprehensively confirmed that denied boarding, cancellation or a long delay of flights are a nuisance for air travellers and that airlines must therefore compensate passengers for the inconvenience with up to 600 euros.

In the event of cancellation, delay, overbooking and missed connecting flights, passengers are entitled to compensation or a ticket refund under the EU Air Passenger Rights Regulation.

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Who does the EU Air Passenger Rights Regulation apply to?

• Air travellers with  a valid ticket and booking confirmation
• Air travellers whose flight either departs from the EU  or is operated by an EU-based airline and lands in the EU.

It is irrelevant whether the travellers:

• have booked a package holiday,
• have booked with a low-cost airline,
• are on a business trip
• are minors (with their ticket),
• or fly on free or discounted tickets from loyalty or promotional program.

The EU Air Passenger Rights Regulation does not apply to:

• Air travellers travel free of charge or at a reduced fare that is not directly or indirectly available to the public.
• Air travellers who did not show up for check-in on time. Normally, passengers should be at check-in no later than 45 minutes before departure (exception: cancellation)

Why is there the EU Air Passenger Rights Regulation?

The EU Air Passenger Rights Regulation was passed to protect air travellers from the inconvenience caused by long waits or flight cancellations that the airline could have avoided. The full name of the regulation is: “Regulation (EC) No. 261/2004 of the European Parliament and the Council on common rules on compensation and assistance for passengers in the event of denied boarding and in the event of flight cancellation or long delay”. Among other things, it created a system of compensation services as a basic protection for passengers, which should also encourage airlines to avoid delays and cancellations.

What exactly is anchored in the Air Passenger Rights Regulation?

• Your rights in the event of denied boarding against your will, cancellation and delay of your flight
• When you are entitled to compensation payments of €250 to €600
• Which supply lines the airline has to provide
• When you can cancel and rebook your flight in the event of cancellations or long delays
• How to be informed about cancellations and your rights

When do I receive compensation under EU Regulation 261/2004?

Based on the EU Air Passenger Rights Regulation, your flight must meet several requirements for you to be entitled to compensation. The flight must either start in the EU or the airline must be based in the EU and the flight must land in the EU. The flight concerned must also not be older than 3 years. It is not relevant to the validity of the EU Air Passenger Rights Regulation whether the flight was part of a package tour or a business trip.

If the above conditions are met, you are entitled to compensation in the following cases:

• Delays:  Your flight arrives at the destination airport 3 or more hours late.
• Cancellations  The airline informed you about the cancellation less than 14 days before departure.
• Overbooking  The airline has overbooked your flight, and you cannot find any more space on board your flight.
• Missed connecting flight  You arrive at the final destination of your journey 3 or more hours late because you missed your connecting flight due to a shorter delay. This also applies if the flights were operated by different airlines and also if the connecting flight is outside the EU, as long as all flights are under one booking.

According to the EU Air Passenger Rights Regulation, the amount of compensation depends on the flight route and not on the ticket price that was paid:

• Short distances  (up to 1500 kilometres): You are entitled to compensation of 250 euros 
• Medium-haul  (up to 3500 kilometres): You are entitled to compensation of 400 euros
• Long-distance  (over 3500 kilometres): You are entitled to compensation of 600 euros

Flight delay, cancellation, overbooking or missed connecting flight? You are entitled to it

Short distances up to 1,500 km	Medium distance up to 3,500 km	Long distances from 3,500 km
e.g. Berlin – Munich	e.g. Berlin – Lisbon	e.g. Berlin – Abu Dhabi
€250 *	€400 *	€600 *

Airlines are obliged to inform passengers about their rights

Airlines must inform passengers in detail about their passenger rights. This includes, for example, information for passengers at check-in, the handing out of written notices in the event of delays and sufficient information on the airline’s website.

The Berlin Regional Court ruled (judgment of October 8, 2015, Az.: 52 O 102/15) that the airline Germania may no longer incorrectly inform its customers about their rights in the event of long delays and overbooking. An information sheet published on the Germania website about compensation and support services in the event of overbooking, cancellations and long delays had misrepresented the legal claims of the customers and in some cases incorrectly. For example, the reference to compensation payments of 250 to 600 euros was completely missing. The options for reimbursement of flight prices and a free return flight to the airport of departure in the event of a flight cancellation were also not mentioned.