Compensation for Package Travel

Fundamental Amount of Compensation

In the event of a delay of 3 hours or more, airline passengers have a right to receive compensation. This also applies to a flight cancellation, related re-bookings that result (if, because of this, you reach your final destination 2 - 4 hours later than scheduled) and if you are denied boarding because of an overbooking. You have a claim to compensation three years retroactively. The amount of the compensation is based on the flight distance. For a flight of up to 1500 km you will receive €250, between 1500 km and 3500 km €400, and for a flight of over 3500 km €600.

What must affected passengers do?

The most important points you should be aware of if you wish to assert your rights to compensation in the event of a flight delay, cancellation or denial of boarding, are as follows:

• Arrive at the check-in counter punctually at the time specified on your booking confirmation or, unless otherwise stated, no later than 45 minutes prior to flight departure.
• Have airline personnel confirm in writing the delay/cancellation/denial of boarding.
• Keep all documentation such as your travel booking, tickets and receipts for all expenses such as taxi rides, rail transfers, etc.
• Demand that the airline provide you with those support services to which you have a right such as food and drinks.
• Use our compensation calculator to figure out the amount of compensation you are due.

What can I do if my flight times were delayed?

One advantage of package travel is often that the tour operator selects flight times that give the booker a maximum amount of vacation time and recreation at their selected destination. According to recent legal precedent, major changes in flight times represent a deviation from the contractually stipulated services, which means that customers have the opportunity to pursue a claim as a consequence. The first step in doing so is to inform the tour operator in writing that you are not in agreement with the new travel times. If you receive the information about time changes less than 14 days prior to the originally booked departure date, this may be equated with a flight cancellation and entitle you to compensation up to the amount of €600. Also inform the tour operator that you will issue a demand for reduction of the price as well as for reimbursement of additional costs and compensation if you are indeed not able to fly at the originally stipulated times. If, in spite of this, the originally stipulated travel times are still not adhered to, and you fly at a new time, you will need to send your tour operator a bill for any additional expenses caused by this, citing the concrete damages as well as expenses. A second option is that you go ahead and book a different flight yourself, then send the tour operator a bill to cover the costs once you have returned from your vacation. In your correspondence, be sure to reference the pertinent verdict handed down by the Supreme Court.

Late Arrival at the Check-In Counter

However, not in all instances is the airline responsible for delays suffered by holidaymakers. Many travelers risk being able to travel on their scheduled flight because they get to the check-in counter late. The ticket states the precise time by which passengers must be standing at the check-in counter at the latest. If passengers nonetheless arrive too late, the airline is absolutely entitled to deny transportation. Though some exceptions are possible. If check-in procedures are not yet completed, you may still insist on check-in despite what it says on your ticket. If the check-in process is still underway and the airline still insists on rebooking you on another flight (which you might even potentially have to pay for out of your own pocket), you can claim reimbursement of the resulting costs. However, in this instance, it is your responsibility to prove that you are in the right.

Flight Delays

If your flight is delayed within the framework of a package holiday, this indeed represents a deficiency and entitles you to a reduction in the travel price. As of the fifth hour, you have a right to 5% of the prorated daily price for each additional hour in the form of a reimbursement. All additional costs (up to a maximum amount of €5400) must be assumed by the tour operator. Affected passengers must notify the tour operator promptly, i.e. immediately, about the delay of which they have just been informed. Do not forget to insist upon your right to a compensation payment from the responsible airline. Important: a reduction of the travel price by the tour operator cannot be claimed in addition to compensation from the airline. These two amounts are offset. If the flight delay is so severe that it impacts the entire holiday you have booked, the law allows package travelers to cancel the entire holiday. In this instance, package travel is regarded as the entirety, including all pertinent services. When, in other words, the flight delay substantially diminishes the value of the trip and its expected recreational benefits, the customer does have a right to cancel (e.g. in the case of cruises, if the flight delay results in the passenger missing the ship sailing). If a flight is booked independent of the other holiday-related services, and if the use thereof is adversely affected due to a delay of more than five hours, the passenger is not obliged to take this flight and is entitled to a refund of the ticket price.

If the flight delay is so severe that it impacts the entire holiday you have booked, the law allows package travelers to cancel the entire holiday. In this instance, package travel is regarded as the entirety, including all pertinent services. When, in other words, the flight delay substantially diminishes the value of the trip and its expected recreational benefits, the customer does have a right to cancel (e.g. in the case of cruises, if the flight delay results in the passenger missing the ship sailing). If a flight is booked independent of the other holiday-related services, and if the use thereof is adversely affected due to a delay of more than five hours, the passenger is not obliged to take this flight and is entitled to a refund of the ticket price.

Delays caused By a Late Train

If you travel to the airport by train and, due to a delay of that train, you miss your flight, it is important to differentiate whether you bought the train ticket separately or if it is a Rail & Fly ticket. In the first case, the train company is not liable and you are stuck with the resulting costs. Otherwise, if it is indeed a Rail & Fly ticket, you may demand a refund of the price of your airline ticket. Naturally, a requirement is that you selected a train connection which, under normal circumstances, would have got you to the airport in plenty of time. Yet another condition for a refund is that the train connection was represented by the tour operator as a separate service.

Loss of Luggage or Delayed Arrival of Luggage

Filled with anticipation, you arrive at your travel destination, but then wait in vain for your suitcases. If this should happen to you, the law provides for the following options:

• You may demand a refund of a portion of the price you had paid.
• Furthermore, the tour operator or the airline will reimburse you the cost required to purchase your basic needs at your destination. However, this must be commensurate and may not include multiple purchases of the same item or expensive brand-name items.

If, after a day at your destination, you have still not received your luggage, you are entitled to between 5% and 30% of the prorated cost of each day without luggage as compensation. Inform your tour operator immediately and in writing about the missing luggage, and have this circumstance confirmed by your hotel or another third-party.

Checklist: You are entitled to compensation if

• You arrived at the check-in counter on time (as a rule, 45 minutes before departure)
• Your problem flight was no longer than 3 years ago
• You arrived at your final destination at least 3 hours too late
• The airline is responsible for the flight delay
• The flight took off in the EU or the flight landed in the EU, provided that the airline is headquartered within the EU.
• Even if you received vouchers for food or travel from the airline, you still have a right to compensation.