Status: 03/27/2023 10:16 a.m
If flights are canceled or delayed due to a strike, this is annoying for consumers. What rights do you have? What happens if a flight is cancelled? How do you get compensation?
Ob Strikes, 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.
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 advises otherwise, be at the airport on time in case the flight departs earlier than expected or an alternative flight is offered.
Cancellation: Right to alternative transportation or refund
In the case of longer waiting times, airlines have to take care of their passengers.
Basically, if a flight is cancelled, the customer is entitled to a later flight or other 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 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. In the case of a package tour, the tour operator is obliged to take holidaymakers to their destination by alternative means.
Right to compensation in case of delay
If a flight is overbooked, canceled at short notice or delayed by more than three hours, passengers are told EU Air Passenger Rights Regulation compensation – depending on the flight distance, this is 250 to 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.
In the event of a long delay, passengers can also claim compensation if a journey consists of several flights and these were operated by different companies Judgment of the European Court of Justice (ECJ). According to this, there does not have to be a special legal relationship between the companies as long as a travel agency combines the flights, charges a total price and issues a single ticket.
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 Fluganger app use the consumer center or one sample letter the 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, in the event of a dispute, seeks an amicable out-of-court solution. The arbitration procedure is free of charge for passengers. A free one Sample complaint letter is offered by the European Consumer Center Germany. Further information on the subject can also be found at Federal Aviation Office.
Further information
