Status: 07/04/2023 12:01 p.m
Airports are very busy during the holiday season. But flights are often delayed or canceled due to a strike. What rights do consumers have? How do you get compensation?
Whether it’s a strike, technical problems or overbooking: the first point of contact for air travelers is the airline for individual bookings, and the tour operator for package tours. The airlines usually offer information about the current departure and arrival times on their websites. “If travelers find out at least two weeks in advance that the flight times will change on the planned arrival and departure days, they usually have to accept that,” says Alina Menold from the Lower Saxony consumer advice center.
However, there are also exceptions: If the night’s sleep or a whole day’s travel is affected, this can be a lack of travel. That depends, for example, on the duration of the trip. With a short trip, the impairment is greater than with a trip lasting several weeks. “Ultimately, however, this must always be checked on a case-by-case basis,” explains Menold.
Flight cancelled: entitled to alternative transport or reimbursement
In the case of longer waiting times, airlines have to take care of their passengers.
Basically, if a flight is canceled completely, the customer is entitled to another flight or another form of transport, such as by train. Alternatively, the passenger can withdraw from the contract and request a refund of the ticket price. In the case of a package tour, the tour operator is obliged to take holidaymakers to their destination by alternative means.
In the case of longer waiting times, the airline must provide so-called support services. This includes food and drinks and – if necessary – an overnight stay and transfer to the hotel. If the airline does not comply, it must reimburse the expenses. “Travellers should therefore keep receipts and take photos of the display board with the delay, if necessary,” advises Menold. If the flight is part of a package tour, those affected can claim additional travel defects from the tour operator if there is a delay of four hours or more.
Flight delay and cancellation: When is compensation available?
If a flight is overbooked, canceled at short notice or delayed by more than three hours, passengers are entitled to compensation under the EU Air Passenger Rights Regulation – depending on the length of the flight and the length of the delay, this is between 250 and 600 euros. This applies to flights departing from EU airports and airlines based in the EU. Airlines do not have to pay in so-called extraordinary circumstances. These include storms and political instability. From five hours, travelers have the option of canceling the ticket purchase. The airline must then refund the full purchase price.
According to a ruling by the European Court of Justice (ECJ), passengers can also claim compensation in the event of a long delay if a journey consists of several flights and these were operated by different companies. It is crucial that the booking is related, e.g. a travel agency combines flights, invoices a total price and issues a single ticket. There is also a right to compensation if the flight involves changes and the delay occurs on a connecting flight outside the EU, according to a recent ruling by the Federal Court of Justice.
Strike: what should passengers do?
If an airline strike is announced, the Hamburg Consumer Advice Center advises passengers to:
Check with the airline whether the booked flight is affected. If this is the case, ask for an alternative transport offer. Don’t rush to buy a train ticket yourself. Because it is not certain whether the airline will reimburse the costs for this. Unless the airline tells you otherwise, be at the airport in good time in case the flight departs faster than expected or an alternative flight is offered.
How do customers get compensation or refunds?
Stiftung Warentest advises consumers to first contact the airline directly with their claim. With many airlines, this is easy to do using an online form on their website. Alternatively, those affected can use the Flugärger app from the consumer advice center or a sample letter from Stiftung Warentest.
Service providers take action against commission
If an airline refuses to pay compensation, the consumer must take legal action. Anyone who does not have legal protection insurance must first assume the costs – without any certainty as to whether the lawsuit will be successful. Companies such as Claimflights, Flightright or Fairplane relieve passengers of this risk. They bring the case to court and, if successful, collect between 20 and 30 percent commission. If they lose the case, the customer pays nothing.
Arbitration board helps in disputes with airlines
In addition, all German and many international airlines belong to the arbitration board for public transport (SÖP), which seeks an amicable out-of-court solution in the event of a dispute. The arbitration procedure is free of charge for passengers. The European Consumer Center Germany offers a free sample complaint letter. Further information on the subject can also be found at the Luftfahrt-Bundesamt.
Further information
In order to avoid trouble and long waiting times, you should know exactly what is allowed on the plane and which souvenirs are forbidden. more
The planned 50-hour warning strike on the railways has been cancelled, but cancellations and delays are still possible. What rights do rail customers have? more
When traveling by plane, there are often problems with luggage. What can travelers do if a suitcase breaks or disappears? more
Insurance for travel cancellation, curtailment, illness abroad and loss of luggage is popular. more
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Hamburg Journal | 04/22/2023 | 19:30 o’clock