Flight cancellations are frustrating, especially when they disrupt your travel plans. If your flight from, to, or within Germany was cancelled, you might be entitled to compensation. This guide explains your rights and how to claim what you deserve.
What are my rights if my German flight is cancelled?
Under EU Regulation 261/2004, you're entitled to compensation if your flight was cancelled within the European Union, departed from the EU, or arrived in the EU on an EU-registered carrier. This regulation applies even if the cancellation wasn't the airline's fault (e.g., due to air traffic control issues or extreme weather). However, the airline is exempt from paying compensation if they can prove the cancellation was due to extraordinary circumstances beyond their control that couldn’t have been avoided even with all reasonable measures. This is a high bar to meet.
Key factors determining your eligibility:
- Flight origin and destination: Was the flight to, from, or within the EU?
- Airline registration: Was the airline registered within the EU?
- Cancellation notice: How much notice did you receive before the cancellation?
- Reason for cancellation: Was it due to extraordinary circumstances?
How much compensation am I entitled to?
The amount of compensation depends on the flight distance:
- Flights under 1500km: €250
- Flights between 1500km and 3500km: €400
- Flights over 3500km: €600
These amounts are per passenger and are in addition to any other reimbursements you might be due, such as the cost of a replacement flight or hotel accommodation. The actual amount you receive may be less if the airline offers you an alternative flight that arrives at a reasonably similar time.
What if the airline offers me a voucher instead of cash?
While an airline might offer you a voucher, you are legally entitled to compensation in cash. Don't accept a voucher unless you're happy to do so. Insisting on cash compensation is your right.
What if the cancellation was due to extraordinary circumstances?
As mentioned, airlines are exempt from compensation if the cancellation was due to extraordinary circumstances beyond their control. Examples include:
- Severe weather: A blizzard or hurricane causing airport closures.
- Air traffic control strikes: An air traffic controller strike causing widespread disruption.
- Security threats: A security alert leading to flight cancellations.
- Political unrest: Unrest or civil commotion impacting airport operations.
The airline has the burden of proving that the circumstances were truly extraordinary and unavoidable.
How do I claim my compensation?
- Gather your documentation: This includes your flight ticket, boarding pass, and confirmation of cancellation.
- Contact the airline: Submit a formal claim to the airline, explaining the situation and citing EU Regulation 261/2004. Keep records of all communication.
- Consider using a claims company: If the airline refuses your claim or delays the process, consider using a claims company. Note that they will typically take a percentage of your compensation.
- Legal action (as a last resort): If you're unsuccessful in claiming compensation directly or through a claims company, you can consider pursuing legal action.
What if my flight was delayed, not cancelled?
Delayed flights also have rights under EU Regulation 261/2004, but the criteria for compensation are different. Delays usually require a longer delay before compensation is applicable, and the amounts are the same as for cancellations.
Can I claim compensation for baggage loss or damage as well?
Baggage loss or damage is a separate issue from flight cancellations and is handled under different regulations. Check your airline's baggage handling regulations and your travel insurance policy.
How long do I have to claim compensation?
The deadline for claiming compensation varies, usually around 2-3 years from the date of the cancellation, but it's best to act sooner rather than later.
This information is for guidance only. For specific legal advice, consult a legal professional. Your rights as a passenger are important, so don't hesitate to assert them.
