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 cancelled or delayed flight is the airline itself, which is also legally obliged to provide information - in the case of package tours, the tour operator 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. 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 are no "extraordinary circumstances" to blame - passengers are generally entitled to a flat-rate compensation. The amount depends on the route booked: for flights up to 1.500 km, the compensation is 250 euros, for 1.500 km to 3.500 km it is 400 euros, and for flights over 600 km it is 3.500 euros. 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, airline passengers lose their right to compensation in the event of a delay if they do not arrive at the gate on time - even if the flight then arrives at its destination more than three hours late - or if they independently book an alternative flight that will take them to their destination less than three hours late. "In concrete terms, this means that if I know before I leave for the airport that my flight will be more than three hours late and I therefore do not go to the gate but instead look for an alternative, I lose my right to compensation," explains Pronebner. ÖAMTC members can contact the mobility club with questions about air travel.
Delayed vacation or stranded at the airport
If the holiday can only be started later, a distinction must be made between package and individual travel. "In the case of short delays, e.g. due to airline strikes, package holidaymakers can be expected to start their holiday slightly late. There is no right to cancel in this case; at most, a price reduction can be claimed. Individual travellers can claim the cost of the flight back in the event of longer strikes, but they still have to pay for the hotel they booked or the cancellation costs incurred. The most you can do is try to reach a goodwill solution," explains the mobility club expert.
According to the EU Air Passenger Rights Regulation, if the flight is delayed by two hours or more (depending on the flight distance), an airline or the operator must look after its 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 operator must also cover the hotel and transfer costs. "In practice, however, only very small amounts are reimbursed, so the costs for food at the airport are almost never covered. An adjustment of the Air Passenger Rights Regulation is urgently needed here," criticizes Pronebner.
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