The cases are packed, anticipation of the spa hotel or the distant destination is huge — and then the long-awaited journey begins at the airport with hours of waiting. A flight delay is annoying. Under the EU air passenger rights regulation, though, many passengers are entitled to compensation from three hours onwards. Who has a claim and how best to behave, you can read here.
First, a note on our own account: we are a wellness portal, not a law firm — this article is a carefully researched overview but not legal advice (in case anyone should have overlooked that or even want to sue us). In an emergency rely on the official, reputable bodies we link to at the end of the article — not on providers who want to buy your claim off you for a commission.
Flight delay — when does which claim apply?
As an air passenger in the EU your rights are precisely regulated. From two hours' delay the airline must provide you with food and drink and enable you to contact family or friends. From a delay of more than three hours many passengers are entitled — regardless of the ticket price — to a compensation payment of up to 600 euros. What counts is the arrival at the destination, not the departure. The amount depends on the distance of the flight:
- Short haul up to 1,500 km: 250 euros
- Medium haul up to 3,500 km: 400 euros
- Long haul over 3,500 km: 600 euros
In Germany you can assert your claims retroactively for up to three years. The precondition is that the airline itself is responsible for the delay — because of a technical defect, for instance. With “extraordinary circumstances”, by contrast, the claim lapses. These include, among others:
- strike
- extreme weather such as storms
- terror warnings
- political instability
The regulation applies to all flights departing in the EU (regardless of the airline) and to flights into the EU operated by an EU airline. Switzerland applies the rules too, via a bilateral agreement. If the flight is postponed to the next day, the airline must provide an overnight stay including transfer. From five hours' delay you additionally have a claim to reimbursement of the fare or to cancellation.
How to behave in the case of a flight delay
Have the ground staff confirm the reason for the delay in writing, record the arrival time at the destination and photograph the display board with the exact delay. Keep all documents — boarding pass or e-ticket and booking confirmation — and note down the contact details of witnesses. To assert the claim, contact the airline in writing.
Many airlines do not pay at first, even when you are in the right. The responsible state bodies then help free of charge: in Germany the Federal Aviation Office (LBA), in Austria the Agency for Passenger Rights (apf), in Switzerland the Federal Office of Civil Aviation (FOCA) — all three examine complaints when an airline rejects a justified claim.