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Information on passenger rights for flight
delays/cancellations according to EU Regulation 261/2004

Information on passenger rights for flight delays/cancellations according to EU Regulation 261/2004

Dear passenger,

in case of a flight delay, cancellation or refusal for a flight booked by you, you are entitled to certain rights according to EU Regulation 261/2004, which came into force on 17.02.2005. We would like to give you a brief overview:

Requirement of EU Regulation 261/2004:

Regulation 261/2004 of 17 February 2005 applies if the following aspects can be accepted:

  • the passenger can present a confirmed booking for the flight in question.
  • the passenger starts a flight in an EU Member State or a third country with an EU airline to an EU country. However, not if other support, counterpart or compensation payments have already been received in that third country.
  • the passenger arrived on time (45 minutes at the latest) before the published departure time for check-in.
  • the passenger travels at a rate available to the public.

Flight delay:

In the event of a flight delay, the passenger is entitled to certain support services from the airline in accordance with EU Regulation 261/2004. These can include, for example:

  • two telephone calls, e-mails or faxes
  • catering corresponding to the waiting time
  • the organisation of accommodation and the associated transfer between the airport and accommodation

Important: If further departure is delayed due to the above-mentioned support services, these do not have to be provided.

The support services will be charged according to the foreseeable flight delay. This is divided into the following categories:

  • Delay from two hours for flights up to 1,500 km distance
  • Delay of three hours or more for flights between 1,500 and 3,500 km and for flights over 1,500 km within the EU
  • Delay from four hours for flights over 3,500 km distance

Flight delays of over five hours:

If the booked flight is delayed by more than five hours, the passenger has the right to cancel the flight. The costs for the flight ticket and the not covered travel segments can be refunded, respectively the further rights according to article 8 paragraph 1 (a) of the EU regulation 261/2004 can be claimed.

The base for this is the comprehensible explanation of the missed purpose of the journey.

Possible compensation payments:

Passengers are entitled to compensation whenever the announced flight is delayed by three hours or more. This compensation can be a cash payment, a cheque, a bank transfer or, after consultation with the passenger, a voucher and depends on the length of the flight:

  • 250€ for a flight distance of up to 1,500 km
  • 400€ at a distance of 1,500 and 3,500 km and for flights within the EU over 1,500 km
  • 600€ for flights over 3.500 km

Important: Airlines do not have to pay compensation for flight delays and cancellations due to extraordinary circumstances. These extraordinary circumstances include:

  • Extreme weather conditions (e.g. a volcanic eruption or a hurricane)
  • Strike
  • Serious safety concerns (e.g. blocking by official order)
  • Concerns of a terrorist attack

Possible denied boarding:

In the event of an involuntary cancellation of the booked flight or in the event that Spot Reisen has offered the passenger a voluntary cancellation, this passenger is entitled to care services and compensation payments.

In addition, the passenger receives an offer for alternative transportation to the final destination of the booked trip. Such replacement transport shall take place under comparable conditions and at the earliest opportunity.

If Spot Reisen arranges a prompt replacement transport for the passenger, but the passenger prefers to travel at a later date (subject to available seats), the costs for meals, hotel and transfer will be covered by the passenger.

Possible involuntary denied boarding:

In the event of involuntary denied boarding, the passenger is immediately entitled to compensation. This can be a cheque or a bank transfer, but also a cash payment or after consultation with the passenger a voucher.

The decisive factor is the length of the planned flight route:

  • 250€ for a flight distance of up to 1,500 km
  • 400€ at a distance of 1,500 and 3,500 km and for flights within the EU over 1,500 km
  • 600€ for flights over 3.500 km

In the case of an alternative flight offered, reduced compensation payments may apply:

  • 125€ for flights of up to 1,500 km if the arrival time of the alternative flight is no later than two hours from the scheduled arrival time of the flight originally booked
  • 200€ for flights between 1,500 and 3,500 km and flights within the EU over 1,500 km, if the arrival time of the alternative flight is no later than three hours from the scheduled arrival time of the originally booked flight
  • 300€ for flights over 3,500 km if the arrival time of the alternative flight is no later than four hours from the scheduled arrival time of the originally booked flight

Possible cancellation:

In the event of flight cancellation despite confirmed booking, the passenger will be informed of a theoretical re-routing. As stated above, the passenger is entitled to both assistance and reimbursement and compensation.

Extraordinary circumstances:

The passenger is not entitled to any compensation if:

  • the flight was cancelled due to extraordinary circumstances
  • Spot Reisen has informed the passenger of the cancellation at least 14 days prior to the booked departure date
  • Spot Reisen informed the passenger of the cancellation between 14 and 7 days before the booked departure and offered an alternative flight at the same time. This flight shall be no more than two hours before the original departure time and no more than four hours after the scheduled arrival time.
  • Spot Reisen informs the passenger of the cancellation less than 7 days before the booked departure and offers an alternative flight in parallel, the departure time of which is no more than one hour before the original departure time and arrives no more than two hours after the planned arrival time.

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