Delays and cancellations always cause trouble, because business travelers may miss important appointments and private trips can be spoiled. In most cases, however, passengers have the right to care, replacement transport and, if necessary, even money. In this guide, Aviation.Direct presents the most important passenger rights and gives you valuable tips.

The most important thing in advance: The legal basis for the passenger rights according to EU-VO 261/04 can be found here Link in PDF format download in German.

Entitlement to care services (e.g. meals) exists from the following delays:

• Flights up to 1.500 km away: from two hours or more
• Flights from 1.500km within the EU: from three hours or more
• Flights between 1.500km and 3.500km (not within the EU): from three hours or more
• Flights over 3.500km (not within the EU): from four hours or more

The airline must provide the support services, which include meals, drinks, telephone calls and e-mails, free of charge. Depending on the individual case and the length of the delay, hotel accommodation and a transfer between the airport and hotel and back must also be provided. If the airline does not do this, all receipts should be kept so that they can be requested later.

Important: The right to care services exists if the flight was canceled on the day of departure or is delayed according to the above graduation. The duty of care is triggered at the point in time at which the airline can foresee the delay. This means that the departure delay is decisive.

When do you “enjoy” compensation payments?

The situation is a little different with the compensation payments, because the 14-day period is also important for them. If the carrier announces the delayed arrival or the cancellation more than 14 days before the day of the flight, there is no entitlement to compensation based on EU Regulation 261/2004. However, this does not affect other rights: For example, if the arrival is delayed by three hours or more, a change in booking to another flight connection - also with another airline - or alternative transport, for example by train or long-distance bus, can be requested. Withdrawal from the contract of carriage is also possible. In this case, the airline must reimburse the ticket price paid within seven days.

If you are within the 14-day period, the chances of a compensation payment are quite good, provided there is no extraordinary circumstance (e.g. acute bad weather, officially ordered flight bans, etc.). It is not the passenger but the airline that has to prove that there is an extraordinary circumstance. However, the European Court of Justice has mostly ruled extremely consumer-friendly.

The aforementioned regulation provides for the following rates:

• 250 EUR for all flights over a distance of 1 500 km or less
• EUR 400 for all intra-Community flights over a distance of more than 1 500 km and for all other flights between 1 500 km and 3 500 km
• 600 EUR for all flights over 3.500 km away.

The determination of the distance is based on the last destination at which the passenger arrives later than the scheduled arrival time as a result of denied boarding or cancellation.

Important: The actual arrival at the destination is decisive for a possible claim. The ECJ defined this pretty precisely in a judgment. It is not the landing, but the moment when the first door is opened and the first passenger can get out. It is extremely important that you get the airline to confirm the delay in writing and that you persist at the airport, because this form is often refused and requested later. If you have travel insurance: Possibly - but please check your policy - you can also receive benefits from this. Insurance companies almost always require confirmation of the flight delay. If you rebook the airline to another carrier and you do not arrive late at your destination, the compensation payment may not apply. If the delay is less than three hours, the service - in the case of substitute transport - can be reduced by 50 percent.

What if the cancellation outside the 14-day period or the flight times change massively?

The airline is not released from its obligation to carry. You do not have to agree to the changes and can request replacement transport with another airline or another means of transport. In practice, many airlines are very stubborn when changing bookings to competitors and only do so when there is considerable pressure from the customer. Don't let that get you rid of it. If you have booked a replacement ticket at your own expense because the airline did not provide you with one: Be sure to inform the carrier of this and claim the money - preferably by registered mail or if you have legal protection insurance, do not hesitate to use it legal assistance.

If you decide that you do not want to travel in view of the changes, you can withdraw from the contract and your airline must reimburse you for the full ticket price within seven days. This applies if the arrival at the destination is delayed by more than three hours compared to the original booking or if the connection has been completely canceled.

Caution trap: If you have booked through a travel agency or a ticket platform (i.e. not directly with the airline), you must contact them for rebooking and / or refunds. It often happens that the airline and the platform then blame each other for responsibility. Don't get discouraged, stay persistent. In the worst case, both a lawyer and free positions can help.

The airline doesn't pay! Where can I get help?

If you have legal expenses insurance, submit a claim report to them. If you have a positive cover letter, contact a lawyer you trust. If you have not insured the risk (usually included in general contract legal protection), there are free offices that can help you enforce your claims.

In Austria the best thing to do is to contact them Passenger or Passenger Rights Agency (AFP) or your regional responsible Labor. Both offices provide free advice and help with enforcement.

In Germany are available to you, for example Consumer centers and the Arbitration Board for Public Passenger Transport eV to disposal. Some unions also offer free advice and support if you are a member.

Alternatively, you can get a specialized debt collection agency contact who will take care of the collection for you. The advantage is that you will not incur any costs if the airline does not pay in the end. The disadvantage is, of course, that if you are successful, you may have to pay a hefty commission. Some providers also buy the entitlement from you, which leads to a considerable deduction, but you get your money very quickly, within a few days, usually the next day, in your bank account.

Which way you choose is up to you. It can only be recommended that you should first try to enforce your claim on your own. If this is not successful, do not be discouraged, so take help, because it is about asserting your rights and claims.

Are there sample letters that can be sent to the airline?

Of course, and very many at that. Aviation.Direct recommends the use of sample letters from official bodies. A selection is linked below. By the way: sample letters for reclaiming ticket money are also included.

• Sample letters from the agency for passenger or passenger rights (Austria)
• Sample letters from the Chamber of Labor (Austria)
• Sample letters from the consumer advice center (Germany)

Tips:

• Document: For example, you can use your smartphone to take photos of display boards and, if necessary, screens at the gate showing the delay or cancellation. Exchange contact information with other passengers so that you can have witnesses in the event of an emergency. Take photos of all documents, vouchers and invoices with your mobile phone in order to be able to prove costs later. If possible, write down the name of the employee you spoke to. If necessary, it makes sense to go to the counter with a passenger who is also affected, to exchange the contact details in order to have at least one witness for the processes in the event of proceedings.
  
• Demand: Ask for written confirmation of the delay or cancellation. Remain persistent, because some airlines are very bold and are very reluctant to give them out, but then want to have exactly this document presented when asserting the claim. You can also have a written instruction about your passenger rights handed over to you. Actively request meals and drinks (or vouchers for them), access to phone calls, faxes or e-mails, if necessary hotel accommodation or rebooking to another airline. If possible, do not make advance payments for the airline, but insist that the airline pays the costs. If this is not possible due to the circumstances on site, please keep all receipts.
  
• Do not get rid of: Make it clear that you have your rights and ask the airline to replace you with another airline or another mode of transport. For short trips, a ticket for the long-distance bus or train can be a way of getting to your destination at least on the same day. If this is denied to you and you buy a ticket for another airline or another mode of transport yourself: Please document all expenses carefully, keep all receipts and, in particular, it is very advisable to have at least one witness for refusing replacement transport (rebooking) to have.
  
• At your destination or at home: Now request your compensation payment from the airline. In addition to the online forms, it is also expressly recommended to request them by registered letter to the airline's headquarters (the address can be found in the imprint of the airline's website). If you receive a case number after filing online, it is useful to include this in your letter. Please enclose copies of the receipts for your expenses as well as the confirmation of the delay or cancellation (as a copy) to your "registrar". Do not give your original documents out of your hand. Give the carrier a deadline, for example 14 days. Once this has expired, the company is in default of payment and you can even sue in court if necessary.