It happens again and again that flights are canceled or delayed. Affected travelers often do not know whether they are entitled to compensation.

 “The first point of contact for information about a canceled or delayed flight is the airline itself, which is also legally obliged to provide information - for package tours, the organizer is also the contact person. Airlines offer up-to-date and detailed information about the booked flight online or by telephone and sometimes also inform passengers directly, e.g. B. via SMS,” says ÖAMTC lawyer Verena Pronebner.

ECJ ruling – Compensation for flight delays only upon showing up at the gate

If a flight arrives more than three hours late - and there is no “extraordinary circumstance” to blame - passengers are generally entitled to flat-rate compensation. The amount depends on the route booked: for flights up to a distance of 1.500 km the compensation is 250 euros, for 1.500 km to 3.500 km it is 400 euros, and 600 euros is received for flights from a distance of 3.500 km. If the airline offers an alternative flight, these compensation payments can be reduced by 50 percent under certain circumstances.

According to a recent ruling by the European Court of Justice In Luxembourg, however, air passengers lose this right to compensation in the event of a delay if they do not show up at the boarding gate on time - even if the flight then arrives at their destination more than three hours late - or if they independently book a replacement flight that takes them less than three hours reach their destination late. “In concrete terms, this means: If I know before I leave for the airport that my flight will be delayed by more than three hours and I therefore do not go to the gate but instead look for an alternative directly, I lose the right to a compensation payment,” explains Pronebner. ÖAMTC members can contact the mobility club with questions about air travel.

Starting your vacation late or being “stranded” at the airport

If the holiday can be started later, a distinction must be made between package and individual travel. “In the event of short delays, e.g. B. due to airline strikes, package travelers will definitely be expected to start their vacation slightly late. In this case, there is no right to termination; at most, a price reduction can be claimed. In the event of longer strikes, individual travelers can demand a refund of their flight costs, but they still have to pay for the booked hotel or the cancellation costs incurred. The most you can do is try to reach a goodwill solution,” explains the mobility club expert. 

From a departure delay of two hours (depending on the flight distance), according to the EU Air Passenger Rights Regulation, an airline or the organizer must look after their stranded customers - regardless of whether the company is responsible for the delays or cancellations of flights or not,” says Pronebner. Food and drinks can be consumed in proportion to the waiting time. If the flight is postponed to another day, the airline or organizer must also cover the hotel and transfer costs. “In practice, however, only very small amounts are reimbursed, so the costs of meals at the airport are almost never covered. An adjustment to the Air Passenger Rights Ordinance is urgently needed here,” criticizes Pronebner.