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Delay of a flight

Air passengers' rights

When your flight is delayed, you are entitled to assistance by the airline

An air passenger's right to compensation in the event of a delay is subject to the distance of the flight and the duration of the delay.

Distance (km)	Estimated delay at destination	Assistance
Distance (km)	Estimated delay at destination	A	B	C	D
Under 1500	Over 2 hrs	x	x
1500 - 3500	Over 3 hrs	x	x
Over 3500	Over 4 hrs, flight outside the EU	x	x
All flights	Over 5 hrs	x	x	x	x

A= Meals and refreshments in a reasonable relation to the waiting time.
B= Two free telephone calls, fax messages or e-mails.
C= Hotel accommodation where an additional stay of one or more nights becomes necessary.
D= The passenger can choose whether to cancel the flight altogether and be reimbursed for the cost of the ticket or to carry out the journey.
If a passenger decides to cancel the flight, the airline must reimburse the cost of the ticket within seven days. The airline must refund the cost of the ticket for each part of the journey as well as parts already made, if the flight no longer serves any purpose in relation to the passenger's travel plan. The passenger is also entitled to a free return flight to the point of departure indicated on the ticket.

Possible standard compensation

According to decisions handed down by the European Court of Justice (cases C-402/2007 and C-432/2007), passengers who arrive in their destination over three hours later than originally scheduled are entitled to the same standard compensation as passengers whose flights are cancelled. With the Court's decisions still being fairly recent, there isn't much experience of their practical implications.

The amount of compensation, if applicable, is determined by the distance of the flight and the length of 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
1 500 km or less	over 3 hrs	EUR 250
Flight with the EU of 1500 km or more Flight to destination outside the EU of 1 500 – 3 500 km	over 3 hrs	EUR 400
Flight to, or return flight from, a destination outside the EU: Distance 3500 km or more	3 - 4 hrs	EUR 300
Flight to, or return flight from, a destination outside the EU: 3 500 km or more	over 4 hrs	EUR 600

The right to compensation does not apply if the delay 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 delay being caused by extraordinary circumstances rests with the airline.

Compensation for damages arising from a delayed flight

You may claim compensation for damages arising from a delay. 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.

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.

09/02/2012

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