Compensation for a problematic flight

We talk about overbooking when an airline allows more passengers to book a flight than there are actually seats available on the plane. This happens because airlines want to avoid flying with empty seats. They therefore sell more tickets on the assumption that some passengers will simply not use them and will not turn up for the flight. Unfortunately, this practice is legal – there is no law stating that overbooking is unlawful. It is also worth noting that such situations do not always occur deliberately.

In the event of denied boarding, airlines are obliged to provide an alternative flight or, if the passenger wishes to cancel their journey, to refund the costs. In the case of an alternative flight, the carrier should provide (depending on the waiting time for the next flight) drinks, a meal or even accommodation, as well as transport between the airport and the hotel. At the same time, the passenger is entitled to compensation of between €250 and €600, depending on the flight’s duration, if they arrived at their destination at least one hour later than scheduled.

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 sets out in detail the rights of passengers and the obligations of the carrier. It should be noted, however, that in accordance with Article 3(1) of the aforementioned Regulation, it applies:

1. to passengers departing from an airport situated in the territory of a Member State to which the Treaty applies;
2. to passengers departing from an airport situated in a third country and landing at an airport in a Member State to which the Treaty applies, unless they have received benefits or compensation and been provided with care in that third country, if the air carrier operating the flight in question is a Community carrier.

Outside the EU, different rules apply – depending on the country.

The Regulation referred to above also covers delayed and cancelled flights. Under the provisions, if a flight is delayed by at least two hours on a route of up to 1,500 km (calculated as a later arrival at the destination), the passenger is entitled to compensation. However, compensation is not payable if, although the flight departed later from the airport, it arrived on time (or, for example, an hour later), because the lost time was made up during the journey. A similar situation applies to a delay of at least 3 hours on a route of 1,500 km – 3,500 km and over 4 hours for other flights. The amount of compensation, as in the case of denied boarding, depends on the distance. If the delay lasted more than 5 hours, you are entitled to a refund of the ticket price. You are also entitled to compensation in the event of a flight cancellation – if it was the carrier’s fault and they failed to inform passengers of this fact in good time, as required by the regulation in question.

Often, for fear of lengthy procedures, travellers do not claim the compensation they are entitled to, which, as indicated above, can amount to up to €600. Of course, if our losses were greater and the carrier does not accept the claim, we can seek full reimbursement of the costs we incurred through legal proceedings. One should be wary of vouchers that airlines offer in exchange for waiving the right to claim compensation. They may, for example, offer discounts on future flights. However, it is worth remembering that compensation often far exceeds the value of such a bonus.

In summary, if you find yourself in one of the situations described above, it is a good idea to document everything with photographs and keep your booking confirmation, ticket or proof of payment. With most carriers, you can submit a claim electronically or via a helpline. We also encourage you to familiarise yourself with the short Regulation of the European Parliament and of the Council of 11 February 2004 – (EC) No 261/2004, which explains in detail what passengers are entitled to claim following a delayed or cancelled flight or denied boarding.