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Flight cancellation

Air passengers' rights

When your flight is cancelled, take a later flight or claim a refund

If your flight is cancelled, you have two alternatives to choose from:

re-routing, meaning that the airline must offer you an alternative flight to your destination under comparable conditions
- at the earliest opportunity, or
- at a later date at your convenience (e.g. one week later), subject to the availability of seats.
cancellation of the flight, if re-routing does not serve any purpose in relation to your original travel plan. 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, in which case
- 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).
- you waive your right to care during the waiting time.

The airline or travel agency is not liable to refund travel agents' service charges when reimbursing you for the cost of your flight.

Standard compensation

Passengers whose flight is cancelled can claim standard compensation from the airline. The right to compensation does not apply if the airline has informed passengers of the cancellation sufficiently early or if the cancellation is due to extraordinary circumstances.

The compensation amount is determined by the distance of the flight and the delay caused by re-routing. 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.

Distance	Delay at destination	Compensation
1500 km or less	0 - 2 hrs	EUR 125
1500 km or less	Over 2 hrs	EUR 250
Flight within the EU of 1500 km or more Flight to destination outside the EU of 1500 - 3500 km	0 - 3 hrs	EUR 200
Fliht within the EU of 1500 km or more Flight to destination outside the EU of 1500 - 3500 km	Over 3 hrs	EUR 400
Flight to, or return flight from, a destination outside the EU: Distance 3 500 km or more	0 - 4 hrs	EUR 300
Flight to, or return flight from, a destination outside the EU: 3 500 km or more	Over 4 hrs	600 €

The right to standard compensation does not apply,

if the passenger is informed of the cancellation sufficiently early, i.e.
- at least two weeks before the scheduled time of departure
- between two weeks and seven days before the schedule time of departure and offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure or reach their destination less than four hours after the originally scheduled time of arrival.
- less than seven days before the scheduled time or departure and offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure or reach their destination less than two hours after the originally scheduled time of arrival.
if cancellation is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. Extraordinary circumstances include e.g. labour disputes, unsafe weather conditions, security risks, political instability and decisions related to air traffic administration causing the delay or cancellation. Based on the European Court of Justice ruling C-549/07, a technical problem in an aircraft is not regarded as an extraordinary circumstance unless there are exceptional conditions involved. The burden of proof concerning the cause of a delay rests with the airline.

Compensation for damages arising from a delayed flight

If you suffer damages as a result of a delay caused by re-routing, you can claim compensation for them. Compensation for damages only applies to costs for which you can provide evidence, for instance a rail ticket that is left unused due to a delayed flight, but not for disappointment or emotional distress. You should retain receipts as evidence for claiming damages. The maximum compensation for delays is approximately 4,150 special drawing rights, which corresponds to EUR 4,635. Compensation for damages can be deducted from standard compensation paid by the airline, if applicable.

An airline is not liable for damages if it can provide proof that it took all measures that can be reasonably expected to avoid the damages in question. Standard compensation generally does not apply in cases where delays are caused by weather conditions, security risks or air traffic controllers being on strike. However, the airline must provide proof of the cause of the delay and justify the actions it took.

Right to care

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

Note!

The rights related to cancelled flights apply to all domestic and international flights departing from airports in the EU. Where flights to EU Member States from airports outside the Community are concerned, the rights only apply to airlines registered in the EU.

29/08/2011

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