Airlines are responsible for providing their customers with the service they paid for. If they cannot do so, they must offer a refund. If the flights sold by the airline are not operational, it must offer customers a replacement flight and a refund. In addition, passengers can claim additional compensation under certain circumstances. Websites like Flightright.at help to enforce this compensation in court if necessary.
Compensation for delayed flights under Austrian law
The European Union Commission decided as early as 2004 that airlines are obliged to compensate passengers for delayed flights. The EU Air Passenger Rights Regulation EC 261/2004 governs the air passenger rights of EU citizens. This includes information on flight cancellations and delays, baggage and personal property, assistance to passengers in the event of denied boarding, and medical care.
The law is based on EU consumer protection law. Consequently, passengers are entitled to compensation for delays of more than 3 hours. The Austrian Supreme Court has ruled similarly several times and has essentially confirmed the regulation.
Does the EU Air Passenger Rights Regulation EC 261/2004 also apply in Austria?
Austria has been a member of the European Union and a member state of the European Economic Area since January 1, 1995. Thus, EU law is applicable in Austria, provided there are no unresolved conflicts with national law. However, the application of the Air Passenger Rights Regulation is undisputed. The EU Air Passenger Rights Regulation EC 261/2004 applies to flights from or to Austria in the air. This regulation states that the airline owes customers compensation of at least €250 per person for a flight delay of more than 3 hours.
Claim for damages due to delay – Who gets money from the Treaty of Lisbon?
Territory: The Treaty of Lisbon is an international agreement signed in 2007. The treaty was created to solve the problem of a lack of European Union (EU) legislation in the area of cross-border trade.
Legal remedy: A legal remedy is a legally granted form of legal protection for a person who has been harmed or has suffered any kind of injury.
Contract: A contract is an agreement between two or more parties that creates legally enforceable obligations.
Result: Austrian nationals can also receive compensation under EU law.
Do non-continental Europeans receive compensation under the EC 261 regulation?
The EC 261 regulation is a European Union regulation that provides for compensation in the event of flight delays. The regulation has been updated several times. Today, it also covers flights arriving from the EU, Iceland, Liechtenstein, and Norway, even if the flight departs from an airport outside the core territory. The EC 261 regulation therefore applies to all flights departing from airports in Europe. The origin of the passenger is irrelevant; people from other regions of the world can also claim compensation. The regulation only does not apply to air travel where both airports, departure and destination, are located outside of Europe.
Conclusion: Getting upset is not worth it
If a flight is cancelled, the airline will in most cases inform you of the cancellation early enough. Often, there is enough time to rebook onto another flight for insignificant extra costs. If you subsequently actually receive compensation, that is a reward worth seeing. With a bit of luck, you can earn several hundred euros with just a few minutes of effort.
