Flight law: Legal information from the flight law expert - Flightright

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Aviation law: Legal information from aviation law experts

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The most important facts on the subject of “flight law”

  • Most passengers are completely unaware of their rights. In some cases, the airline refuses to refund the costs.
  • Compensation claims for missed connecting flights is possible.
  • Airlines must offer alternative transportation.
  • Travelers should find out about their passenger rights in good time.
  • Flightright has already been able to enforce more than 500,000,000 euros in compensation payments for air travelers from all over the world.
  • Airlines cannot rely on exceptional circumstances such as strikes or weather conditions to refuse compensation.
  • Passengers are entitled to care services such as meals and hotel accommodation in the event of longer waiting times under certain circumstances.
  • Passenger rights are protected by EU regulations and national laws.
  • Legal support from Flightright is recommended for the enforcement of compensation claims.


Did you have a flight delay or cancellation? Check your rights now and increase your chances of compensation

Flight law: Anyone who regularly travels by plane is familiar with the situation: the flight is delayed. In the worst case scenario, the flight is canceled. In this situation, those affected often ask themselves whether this reason is sufficient for compensation. The answer is clear: Yes!

Are you stuck at the airport due to a flight delay? Your flight has been canceled or you have been removed from the passenger list (denied boarding)?

In each of the situations described above, you as a passenger have a right to compensation.

The problem is that most passengers are completely unaware of their rights. In some cases, the airline refuses to reimburse the costs. Flightright has been set up to ensure that passengers are not stuck with their costs. Flightright has set itself the task of informing you about existing air passenger rights – in an easy-to-understand way. Flightright has already secured more than 500,000,000 euros in compensation payments for air travelers from all over the world. Here you can find valuable information about flight rights in the EU.

What is EU air rights?

EU aviation law gives travelers a certain degree of security in their situation. It is part of Regulation (EC) 261/2004, which describes in detail the scope of the right to fly and the rights it grants. Since 2004, European air passengers have enjoyed special protection under EU Regulation 261/2004, which comprehensively confirms that denied boarding, cancelation or long delays to flights constitute an inconvenience to air travelers and that airlines must therefore compensate passengers for the inconvenience with up to 600 euros.

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Are all flights covered by Regulation EC 261?

Yes, all flights are covered by EU Regulation EC 261.

Important: Exceptional circumstances are not covered.

A common misconception is that EU Regulation EC 261 only covers the airspace of the European Union or only protects EU citizens. This is not true, as the regulation also applies to Iceland, Norway, Switzerland and the so-called “outermost regions” of Europe. It also protects all air travelers, regardless of their nationality. In our table you can see at a glance whether your flight is covered by the regulation.

Route/ItineraryEU AirlineNon-EU Airline
Departure within the EU, Destination within the EUCovered (Yes)Covered (Yes)
Departure within the EU, Destination outside the EUCovered (Yes)Covered (Yes)
Departure outside the EU, Destination within the EUCovered (Yes)Not covered (No)
Departure outside the EU, Destination outside the EUNot covered (No)Not covered (No)

Passenger rights for flights to or from Europe: Flight rights?

If you’re taking a flight to or from Europe, you have many more rights to compensation if your flight is delayed or canceled. Here is a brief overview:

What am I entitled to under EU regulation in the event of a flight delay?

Flight delay (at destination after possible rebooking and/or rerouting)

Up to 2 HoursUp to 3 HoursUp to 4 HoursNever ArrivedDistance
€0€250€250€250< 1500 km
€0€400€400€4001500 km – 3500 km
€0€600€600€600> 3500 km
What am I entitled to under EU regulations in the event of a flight delay?

What am I entitled to under EU regulations in the event of a flight cancelation?

Flight cancelation (at destination after possible rebooking and/or rerouting)

Up to 2 HoursUp to 3 HoursUp to 4 HoursNever ArrivedDistance
€125€250€250€250< 1500 km
€200€400€400€4001500 km – 3500 km
€300€600€600€600> 3500 km
What am I entitled to under the EU regulation if I am denied boarding?

What am I entitled to under the EU regulation in the event of denied boarding?

Denied boarding (at destination after possible rebooking and/or rerouting)

Up to 2 HoursUp to 3 HoursUp to 4 HoursNever ArrivedDistance
€250€250€250€250< 1500 km
€400€400€400€4001500 km – 3500 km
€600€600€600€600> 3500 km
What am I entitled to under EU regulations if I am denied boarding?

The tables above show that you are entitled to compensation for flights to or from European countries if the flight was overbooked, delayed or canceled and you arrive at your destination more than three hours late as a result.

Important: In the case of this type of delay or cancelation, you are not entitled to compensation if the delay or cancelation is due to an extraordinary circumstance for which the airline is not responsible – or if there has been a cancelation of which the airline has informed you at least 14 days before your flight.

Why is it so difficult to claim compensation or a refund directly from the airlines?

Many airlines block, ignore, put off and misrepresent the facts in order to avoid having to pay compensation. As a traveler, you quickly find yourself on your own. Airlines exploit the ignorance of passengers who are unaware or barely aware of their rights in the event of delays and cancelations. If customers try to claim compensation or refunds on their own, in most cases the airlines reject the complaint from the outset. We often see that the airlines make excuses with extraordinary circumstances and the airline does not pay any compensation. But the problems are often not extraordinary circumstances.

Why it pays to know your rights as a passenger: Flight law?

Flightright can tell you which flight rights you can invoke. We have developed an innovative online check tool that will check your entitlement to compensation within a few minutes. This is because there are different legal provisions depending on the country. It can be helpful to know a few basic regulations: For example, EU Regulation EC 261 (eu261) sets out when you are entitled to compensation and how much this is set at. However, only very few passengers look into the subject in depth. Many refrain from asserting their rights out of convenience.

The Montreal Convention, however, closes a gap for international flights. And the USA has its own specific air passenger rights. What they all have in common are the legal cases they deal with: Delay, missed connecting flight, cancelation, denied boarding problems. Depending on the distance of the flight and the delay, you are entitled to compensation of up to 600 euros in accordance with EC Regulation 261 (eu261) .

Since 2010 , Flightright has been offering digital, uncomplicated and transparent legal assistance via fast communication channels – without any cost risk for consumers.

Are you having trouble with a cancellation or flight delay and don’t want to accept it without doing anything? You shouldn’t either. After all, you are entitled to compensation in many cases of delay or cancellation.

You can rely on the support of our experts in the following cases:
Flight delay compensation, flight cancellation compensation
Compensation for overbooking
Compensation for denied boarding

Order Flightright conveniently online:
We enforce your refund and compensation!
With us, you can check your claims free of charge in two minutes. You can receive up to 600 euros compensation per person (minus the success commission).

When did the airline inform you of the flight cancellation or delay?
On the day of the flight or less than 14 days before or more than 14 days before departure.

Are you also affected by a missed connecting flight? Check your flight now. Simple ✔ fast ✔ & without risk ✔

Airlines are obliged to inform passengers about their rights – Air law?

Airlines must inform air travelers in detail about their passenger rights. This includes, for example, informing passengers at check-in, handing out written information in the event of delays and providing sufficient information on the airline’s website.

The Berlin Regional Court ruled (judgment of October 8, 2015, ref.: 52 O 102/15) that the airline Germania may no longer misinform its customers about their rights in the event of long delays and overbooking. An information sheet published on the Germania website about compensation and assistance in the event of overbooking, cancelations and long delays had misleadingly and partially incorrectly reproduced the legal rights of customers. For example, the reference to compensation payments of 250 to 600 euros was completely missing. Likewise, the possibilities of a refund of the flight price and a free return flight to the departure airport in the event of a flight cancelation were not mentioned.

Important: Even if the airline has already given you vouchers as compensation, usually of a lower value than the compensation under EU law, you are still entitled to a compensation payment.

Submitting a compensation claim for your delayed or canceled flight or flight problems

The EU Passenger Rights Regulation stipulates that airlines must provide reimbursement under certain conditions. In the event of a flight delay of more than three hours, a flight cancelation or denied boarding due to overbooking, the passenger has the right to compensation. At Flightright, we are experts in aviation law and support air passengers in enforcing their rights in the following cases:

Flight delay compensation: Flightright?

In the event of long delays, travelers may be entitled to compensation of between 250 and 600 euros under the EU Air Passenger Rights Regulation. You may be entitled to compensation if the arrival delay of your flight was more than 3. To be entitled to compensation, the delayed flight must take off or land in the EU and be operated by a European airline.

What do you get if your flight is delayed by two hours? You have a claim against the airline. The airline must provide you with food and drink and, if necessary, arrange hotel accommodation. What can I do if my flight is delayed? You can find out more about flight delays here.

Compensation in the event of a flight delay (canceled flights): Flight law?

Unfortunately, flights are often canceled. However, travelers do not have to simply accept this. Fortunately, passengers have extensive rights in the event of a flight cancelation. In many cases, passengers are entitled to compensation for the inconvenience caused or a refund of the ticket costs for the canceled flight as well as care services at the airport. If the airline has informed you less than 14 days in advance, you can claim compensation for a flight cancelation.

What can I do if my flight is canceled?

You can find out more about flight disruptions (canceled flights) here.

Compensation for baggage problems: Flight law?

The rights of air travelers in the event of baggage delay, baggage loss and baggage damage are governed by the Montreal Convention. If your suitcase is lost, delayed or arrives damaged at your destination, you can claim up to 1,385 euros per person in compensation. What can I do if my suitcase is delayed, damaged or does not arrive at all? You can find out more about baggage (baggage problems) here.

Passenger rights in the event of denied boarding

You are unable to board your flight because the airline has denied you boarding. You may be entitled to compensation if you have been denied boarding – as long as you have not voluntarily given up your seat.

What can I do if I am denied boarding?

You can find out more about voluntary or involuntary denied boarding here.

Compensation for overbooking: flight rights?

The airline has overbooked your flight and you can no longer find a seat on board. If the airline has overbooked your flight and is therefore unable to carry you as planned, you are entitled to between 250 and 600 euros in compensation under the EU Passenger Rights Regulation. At the same time, you are entitled to catering services at the airport in the event of overbooking. What should I do if my flight has been overbooked?

You can find out more about overbooking here.

Compensation for missed connecting flights: flight rights?

You reach the final destination of your journey 3 or more hours late because you missed your connecting flight due to a shorter delay. This also applies if the flights were operated by different airlines and even if the connecting flight is outside the EU, as long as all flights are under one booking. According to the EU Passenger Rights Regulation, you are then entitled to compensation of between 250 and 600 euros as well as meals at the airport. What should I do if I miss a connecting flight?

You can find out more about missed connecting flights here.

Important: Please note that this is a European Air Passenger Rights Regulation and therefore only applies to flights departing from an EU airport or flights arriving in the EU with a European airline.

Exceptional circumstances: no compensation

What are “extraordinary circumstances“?

If the airline is not responsible for the flight delay, it does not have to pay compensation under the Passenger Rights Regulation. This applies to so-called “extraordinary circumstances”. Although these situations lead to delays and cancelations, it is not dependent on the airline and therefore no compensation can be expected in such situations. These include:

  • Airport or airspace closures
  • Political instability
  • Unavoidable security risks
  • Air traffic control strikes
  • Birds in the engine
  • Severe weather

No “extraordinary circumstances”?

  • Technology: Wallentin-Hermann (ECJ) C-549/07; Van der Lans (ECJ) C 257/14
  • Missing crew, sick pilot
  • Damage caused by stair vehicle: Siewert (ECJ) C-394/14

Our services in aviation law at a glance – Aviation law

ProblemUse the free compensation calculator!
Flight DelayCalculate compensation now (2 minutes)
Flight CancelationCalculate compensation now (2 minutes)
Denied BoardingCalculate compensation now (2 minutes)
OverbookingCalculate compensation now (2 minutes)
Flight RebookingOn the day of the flight / less than 14 days before/
More than 14 days before departure
Missed Connecting FlightsCalculate compensation now (2 minutes)

Our services in aviation law at a glance – Aviation law

How high is the compensation?

Compensation amount or compensation according to flight distance: According to the EU Passenger Rights Regulation, the amount of compensation depends on the flight distance and not on the ticket price that was paid:

Flight DistanceCompensation
Short Distance (Flights with a distance of less than 1,500 km)
Example: Berlin – Munich
You are entitled to compensation of up to *€250 per person
Medium Distance (EU domestic flights with a distance of more than 1,500 km)
Example: Berlin – Lisbon
You are entitled to compensation of up to *€400 per person
Medium Distance (non-EU domestic flights with a distance of 1,500 – 3,500 km)
Example: Berlin – Lisbon
You are entitled to compensation of up to *€400 per person
Long Distance (non-EU domestic flights with a distance of more than 3,500 km)
Example: Berlin – Abu Dhabi
You are entitled to compensation of up to *€600 per person

*Less commission (usually 20 to 30% plus VAT)

What should you do if your flight has been delayed or canceled?

If your flight has been delayed or canceled, you should take the following steps:

  • Ask for the reason why the flight was delayed or canceled.
  • Ask the airline staff to confirm the reason for the delay in writing.
  • Collect receipts for expenses incurred during the waiting time.
  • Keep your boarding pass, other travel documents and all receipts for any additional expenses incurred, including necessary food, clothing, etc.
  • Insist on utilities: Request food, drinks and free transportation if needed, as well as hotel accommodations.
  • If your flight has been canceled, request an alternative flight or a refund of the ticket price.
  • Be careful not to sign any waivers or accept vouchers that require you to waive your right to compensation.
  • Check your right to compensation and assert it. Where? HERE!
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How can I assert my right to fly and how do I get my compensation?

Of course you can assert your right to fly yourself. However, you will have to invest your own time and nerves. It usually takes about three hours to gather the documents, write to the airline and, if necessary, write a request for payment. If you try to enforce your compensation yourself and the airline only pays part of the compensation or none at all, your only option is to take legal action.

However, hiring a lawyer involves additional costs and risks, which you will only be reimbursed for if you are successful. If you lose in court, you will have to bear the entire legal and court costs.

Commission Flightright to enforce your claim conveniently online:

Don’t want to waste your time unnecessarily and save yourself the long back and forth with the airline? Take advantage of our legal expertise. Since 2010 , we have been helping air travelers get their rights, because there is a difference between being right and getting right. As market leaders in this field, it is our passion to eliminate this difference. We help air travelers get their rights and fight for their compensation. Because we know what tricks and excuses the airlines use and what arguments and evidence are necessary to successfully enforce compensation, we have already been able to obtain over 400,000,000 euros for our clients.

Use our compensation calculator now for a free check of your flight. If you are eligible for a compensation payment, you can instruct us to enforce your claims with just one click.

Why Flightright? David against Goliath! Give people access to justice!

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  • High chance of success. With a 99% success rate in court
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  • Over 14,000,000 satisfied customers
  • Over 400,000,000 euros in compensation payments
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  • Only 20 to 30 % commission (plus VAT)
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  • No compensation, no fee (you only pay if we win)

Flightright: What are the costs with Flightright?

Flightright is the leading air passenger rights portal in Europe. Since 2010, we have been ensuring that air travelers receive their rightful compensation for flight delays and flight cancelations.

Our guarantee of success applies: we enforce your compensation or our service is completely free of charge. We only retain a fee of usually 20 to 30 % (+VAT) of the compensation amount if we are successful.

Order Flightright conveniently online now and benefit from our success guarantee – without any risk. Check now for free!

Want to know more about Flightright costs? Find out more about costs here.

How can I insure my future flight?

Are you planning a flight in the future and want to be sure in advance that you won’t miss out on any compensation payments? No problem. You can enter your flights in our compensation calculator in advance and we will notify you if you are entitled to compensation. This way, an annoyance from your last flight can become an attractive deposit for your next vacation.

Checklist: Your passenger rights

  • After 2 hours waiting time at the airport, you are already entitled to drinks and snacks from the airline.
  • Under the EU Passenger Rights Regulation, you may be entitled to compensation of between €250 and €600 if your flight is delayed for 3 hours or more, canceled or overbooked, or if you missed your connecting flight.

Prerequisites:

  • Your problem flight was no longer than 3 years ago
  • You have a valid ticket and booking confirmation.
  • You have checked in on time. (Normally up to 45 minutes before departure)
  • Your flight either started in the EU (any airline) or landed in the EU (airlines based in the EU)
  • The type of booking, e.g. individual booking, business trip or package vacation, does not affect your right to compensation.
  • The airline is responsible for the flight disruption. (Example: technical problem or sick flight crew)

How can Flightright help you?

Are you stuck at the airport due to a flight delay ? Your flight has been canceled or you have been removed from the passenger list? In each of the situations described, you as a passenger have a right to compensation.

According to the EU Passenger Rights Regulation, passengers are entitled to compensation in the event of a delay, cancellation, overbooking, or missed connection. You can claim up to 600 euros of compensation per person (minus commission fee). This compensation is independent of the ticket price. Flightright enforces your right for you. If necessary also in court.

Tip: Flightright helps you to enforce your passenger rights! With us, you can check your claims free of charge in two minutes. ✔️Easy, ✔️fast ✔️& without risk

As the market-leading consumer portal, Flightright fights for the enforcement of air passenger rights. We stand up for your rights in the event of a flight delay, cancellation or denied boarding and refer to the European Union’s Air Passenger Rights Regulation 261/2004. Flightright’s air passenger rights experts are also happy to help you with ticket refunds and refunds for canceled package tours.

As experts in the field of air passenger rights, we enforce your right to compensation against the airline!

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