Air passengers' rights

When the number of passengers exceeds the number of seats on a flight, the airline must first call for volunteers to surrender their seats. The benefits given by the airline in exchange for a passenger surrendering his or her seat can be agreed on between the airline and the passenger concerned.

If you do not wish to surrender your seat voluntarily and you are denied boarding without reasonable grounds, you can choose either re-routing or a refund of the price of the ticket. You will also be entitled to standard compensation as well as care by the airline while waiting for the re-routed flight.

Reasonable grounds for denial of boarding and refusal of compensation include e.g.

• neglecting to follow instructions given by the airline
• missing passport or other travel documentation
• being late for check-in. If the reason for denied boarding is that an earlier flight in the itinerary arrives late, claims for compensation must be made with the airline that caused the passenger to miss their connecting flight
• the ticket is invalid due to delayed payment or failure to confirm the booking on time
• the passenger is deemed to pose a threat to other passengers' health or safety (e.g. intoxication, bird flu, threatening behaviour, suspicion of terrorism)

The right to take a later flight or claim a refund

Passengers who are denied boarding voluntarily or against their will can choose from the following alternatives:

• You can choose re-routing under comparable transport conditions to your original destination at the earliest opportunity at a later date at your convenience (e.g. one week later), subject to seat availability. During a waiting period caused by re-routing, the airline must offer passengers the following free of charge:
  • meals and refreshments in a reasonable relation to the waiting time:
  • hotel accommodation where an additional stay of one or more nights becomes necessary
  • transport between the airport and hotel
  • two free telephone calls, fax messages or e-mails
    
     
• You may also choose to cancel your flight, in which case
  • the airline must reimburse the cost of your ticket within seven days. The airline must refund the cost of your ticket for each part of the journey as well as parts already made.
  • you waive your right to care during the waiting time.
  • you are entitled to a free return flight to your first point of departure as indicated on your ticket (if the flight is cancelled during a stop-over).
    
     

Right to standard compensation

Passengers who are denied boarding against their will are entitled to standard compensation. Standard compensation is determined by the distance of the flight and the delay caused by re-routing, if applicable. The airline can pay passengers the reimbursed cost of the ticket and the compensation amount in cash, by bank transfer, by cheque or, with the signed agreement of the passenger, in travel vouchers or other services.

Related legislation:

EC Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights