This is not a lawyer and does not provide legal advice. An experimental tool for general information only.

Flight Delay Compensation Under EU Regulation 261/2004: Your Rights in Germany and Austria (2026)

Germany · Austria · EU

What Is EU Regulation 261/2004 and Why Does It Matter?

If your flight is delayed by three hours or more, you may be entitled to compensation of up to 600 euros per passenger under EU Regulation (EC) No 261/2004 (in German: Fluggastrechteverordnung). This law applies to all flights departing from an EU airport (including Germany and Austria) and to flights arriving in the EU on an EU-based airline. The regulation covers delays, cancellations, and denied boarding. For delays specifically, the key compensation amounts are:

  • 250 euros for flights up to 1,500 km
  • 400 euros for intra-EU flights over 1,500 km and all other flights between 1,500 and 3,500 km
  • 600 euros for flights over 3,500 km

These amounts are halved if the delay is between two and three hours for shorter flights, but for delays of three hours or more, you get the full amount. The regulation also requires the airline to provide care (meals, refreshments, hotel accommodation if needed) during the delay.

Step-by-Step: How to Claim Compensation for a Flight Delay

Step 1: Check Your Eligibility

You are eligible if:

  • Your flight arrived at its final destination three hours or more after the scheduled arrival time.
  • The delay was not caused by extraordinary circumstances (see below).
  • You had a confirmed reservation and checked in on time.

Important: The delay is measured from the scheduled arrival time to the actual arrival time. If you arrive at your destination three hours or more late, you qualify—even if the departure was delayed by less.

Step 2: Gather Evidence

Collect the following documents:

  • Your boarding pass or e-ticket
  • Any written communication from the airline about the delay
  • Photos of the departure/arrival boards showing the delay
  • Receipts for expenses incurred (meals, hotel, transport)

If the airline claims extraordinary circumstances, ask for a written explanation. Keep all emails and messages.

Step 3: Submit a Claim to the Airline

Most airlines have an online claims form on their website. You can also send a letter (Einschreiben) to the airline’s customer service address. Include your flight number, date, booking reference, and a clear statement that you are claiming compensation under EU Regulation 261/2004. Attach copies (not originals) of your evidence.

Step 4: Escalate If Necessary

If the airline rejects your claim or does not respond within two months, you have options:

  • In Germany: Contact the Schlichtungsstelle für den öffentlichen Personenverkehr (söp) – the public transport arbitration board. They handle disputes with airlines for delays and cancellations free of charge.
  • In Austria: Contact the Agentur für Passagier- und Fahrgastrechte (apf) – the Austrian agency for passenger rights. They offer mediation services.
  • You can also take legal action in a local court (Amtsgericht) for amounts up to 5,000 euros. Consider using a legal expense insurance (Rechtsschutzversicherung) if you have one.

Extraordinary Circumstances: When the Airline Can Refuse Compensation

Airlines can avoid paying compensation if they prove the delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures were taken. Examples include:

  • Severe weather (storms, volcanic ash)
  • Political instability or security risks
  • Strikes by air traffic control or airport staff (but not airline staff strikes in most cases)
  • Hidden manufacturing defects in the aircraft

Technical problems with the aircraft are not considered extraordinary, as the European Court of Justice (ECJ) has ruled repeatedly (e.g., Case C-549/07, Wallentin-Hermann). Airlines must show they took all reasonable steps to avoid the delay.

Key Differences Between Germany and Austria

Legal Implementation and Enforcement

Both Germany and Austria apply EU Regulation 261/2004 directly, but enforcement bodies differ:

  • Germany: The Luftfahrt-Bundesamt (LBA) is the national enforcement body. You can file a complaint with the LBA if an airline refuses to comply. The LBA can impose fines but does not decide individual compensation claims.
  • Austria: The Agentur für Passagier- und Fahrgastrechte (apf) handles complaints and can mediate between passengers and airlines. The apf also provides free legal information and can refer cases to the Schlichtungsstelle der Agentur für Passagier- und Fahrgastrechte for mediation.

Statute of Limitations (Verjährung)

The time limit to file a claim differs:

  • Germany: The limitation period is three years from the end of the year in which the flight took place (e.g., for a flight in March 2025, the deadline is December 31, 2028).
  • Austria: The limitation period is also three years, but it runs from the date of the flight itself, not the end of the year. So for a flight on March 15, 2025, the deadline is March 15, 2028.

Court Procedures

In Germany, small claims up to 5,000 euros are handled by the Amtsgericht; you can represent yourself. In Austria, the Bezirksgericht handles claims up to 15,000 euros, and you may need a lawyer for higher amounts. Legal costs in Austria can be higher, so mediation is often preferable.

Frequently Asked Questions

1. I had a delay of 2 hours 50 minutes. Am I entitled to compensation?

No. The regulation requires a delay of three hours or more at arrival. A delay of 2 hours 50 minutes does not trigger compensation, though you may still be entitled to care (meals, drinks) if the delay is over two hours.

2. Does the compensation apply if the delay happened due to a strike by the airline's own staff?

Yes, generally. The European Court of Justice has ruled that strikes by airline employees are not extraordinary circumstances (Case C-28/20). However, strikes by air traffic controllers or airport ground staff may be considered extraordinary. Check the specific circumstances.

3. Can I claim compensation for a connecting flight that I missed due to a delay?

Yes, if the entire journey was booked as a single reservation (e.g., one ticket). The delay to your final destination is what matters. If you arrived three or more hours late at your final destination, you can claim compensation.

4. How long does the airline have to respond to my claim?

Airlines are expected to respond within a reasonable time—usually within a few weeks. If you hear nothing after two months, you can escalate to the arbitration board or take legal action.

5. Do I have to accept a voucher instead of cash?

No. You have the right to choose between a cash payment, a bank transfer, or a voucher. If the airline offers only a voucher, you can insist on cash. Vouchers may have expiration dates and restrictions.

6. What if the airline says the delay was due to bad weather?

Bad weather can be an extraordinary circumstance, but the airline must prove it. If other airlines managed to fly the same route without delays, the weather might not be the cause. Ask the airline for a detailed explanation and check weather reports.

Official Resources

For further reading, consult the following official sources:

If your specific situation is complex—for example, if the airline refuses to pay or you are unsure about extraordinary circumstances—consider consulting a lawyer specializing in aviation law (Fachanwalt für Transport- und Speditionsrecht) or your local consumer protection center (Verbraucherzentrale).

Ask about your specific situation ↘

Have a specific situation?