If the flight is delayed or cancelled, you are entitled to claim a standard compensation from the airline. The compensation amount depends on the duration of the flight and the delay caused by the re-routing.
When can standard compensation not be claimed?
There is no right to standard compensation if the cancellation has been announced in time, i.e., at least 2 weeks before the departure time, or at least 7 days and not more than 2 weeks before the departure time, and alternative transport with a departure time not exceeding 2 hours before the departure time and a arrival time less than 4 hours after the original departure time has been offered. Neither does the right to compensation apply if the cancellation has been announced less than 7 days before the scheduled time of departure and re-routing has been offered, with a time of departure no more than one hour before the scheduled time and time of arrival at the final destination less than 2 hours after the scheduled time. Neither can standard compensation be obtained if the cancellation of the flight is due to exceptional circumstances. These include, for example, industrial action, unsuitable weather conditions, a safety risk, politically unstable conditions or decisions on air traffic management. Read more in our newsletter.
Standard compensation in case of flight delay
The passenger is entitled to a similar standard compensation as in the case of a cancelled flight, if the flight arrives at its destination at least 3 hours after the scheduled arrival, unless the delay is due to exceptional circumstances that could not have been avoided, even if all reasonable measures had been taken. The compensation amount, if any, depends on the duration of the flight and the delay caused by the re-routing. The compensation cannot, however, be obtained if the delay is caused by exceptional circumstances which could not have been avoided even if all reasonable measures had been taken. Exceptional circumstances include industrial action, unsuitable weather conditions, safety risks, politically unstable conditions and air traffic management decisions that cause delays or cancellations.
Very often, airlines dispute the standard passenger compensation claim by invoking that the cancellation or delay has been caused by a technical failure. According to the ruling practice of the Court of Justice of the European Union, technical fault is only extremely rarely a valid reason for not paying the standard compensation. The airline has a duty to show that the delay was due to extraordinary circumstances and that it could not have been avoided by appropriate measures.
An air carrier may not as a general rule refuse to pay compensation to passengers following the cancellation of a flight on account of technical problems in the aircraft.
Even in the event of a flight cancellation on account of unforeseen technical problems, air carriers are required to compensate passengers