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When are airline passengers in Germany entitled to flight compensation?

Disruption to a planned flight can ruin a holiday or business trip and cause a lot of stress, but you are legally entitled to assistance and even compensation in many cases.

When are airline passengers in Germany entitled to flight compensation?
Düsseldorf airport passengers on Monday wait for their flight with Condor, the daughter airline of bankrupt Thomas Cook. Photo: DPA

EU legislation protects the rights of air passengers, and in many cases means that you're entitled for compensation in the event of delays, strikes, and more. But the majority of travellers aren't aware of their rights, so here are the answers to the questions you might have.

What rights do passengers have in the event of flight cancellations or delays?

This has been regulated uniformly in the EU since 2005. If you get stuck longer than three hours because of a delayed or cancelled flight, you are entitled to vouchers for drinks and food during the waiting period. If necessary, you also have a right to an overnight stay in a hotel.

For a departure flight, passengers are entitled to a flight refund within seven days, and for return flights they are entitled to a rerouted flight back to their destination.

Compensation – what does that mean?

Compensation, however, is not guaranteed 100 percent of the time. Passengers are entitled to financial compensation from the airline if their connection is seriously delayed, overbooked or cancelled at short notice. How much money they receive, however, depends on the length of the trip.

For a flight within Europe of more than 1500 kilometres – say from Hamburg to the Canary Islands – it is €400 per person. For a flight of longer than 1500 kilometres outside of Europe, the compensation can be €600 or more, and for flights less than 1500 the figure stands at €250.

The amount is halved if an emergency pilot takes the passengers to their destination without too much delay.

How do I know if my flight is covered?

EU legislation applies if any one of the following criteria is met: your flight was within the EU (operated by any airline, whether based in the EU or not); your flight went from outside the EU to an EU country, and was operated by an EU airline; your flight went from an EU country to a non-EU country (operated by any airline, whether based in the EU or not).

For the purposes of this legislation, the term 'EU country' also includes Norway, Iceland, and Switzerland, so that a journey between Canada and Iceland, for example, would count as a journey between a non-EU country and an EU country.

If you receive benefits for the same journey under the law of a non-EU country, you are not entitled to claim for benefits under EU law. The following video outlines the rights of passengers under EU law.

Under EU rules, airlines are not liable for an event that “is due to exceptional circumstances that could not have been avoided even if all reasonable measures had been taken”. As examples, the regulation cites strikes, as well as political instability and adverse weather conditions. However, compensation can vary on a flight by flight basis.

When do “exceptional circumstances” apply in the case of strikes?

In cases brought to the German court of justice (BGH), strikes have been deemed an “extraordinary circumstance” twice. One was cancellations due to a strike call by the pilots' association Cockpit, and the other was delays due to general strikes in Greece, followed by temporary airspace closures.

The BGH, on the other hand, obliged the German TUIfly to make payments after so-called “wildcat strikes”. In protest against airline restructuring measures in October 2016, almost 90 percent of employees called in sick. But the BGH ruled that the “spontaneous absence of a significant part of the flight staff” is not an uncontrollable situation.

When can an airline cancel a flight?

A passenger is less likely to receive financial compensation if a flight’s cancellation is deemed “unavoidable” but this applies only in very specific and rare circumstances – for example, if not a single passenger makes it to the aircraft in time due to delays in checks. The BGH judges will only accept safety concerns if there is an indication of a concrete risk. In all other cases, the airline can still cancel the flight – but it must compensate the passengers.

If you think you’re liable for a compensation from your airline, you can file an official EU airline complaint form.

 

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TRAVEL NEWS

German train strike wave to end following new labour agreement

Germany's Deutsche Bahn rail operator and the GDL train drivers' union have reached a deal in a wage dispute that has caused months of crippling strikes in the country, the union said.

German train strike wave to end following new labour agreement

“The German Train Drivers’ Union (GDL) and Deutsche Bahn have reached a wage agreement,” GDL said in a statement.

Further details will be announced in a press conference on Tuesday, the union said. A spokesman for Deutsche Bahn also confirmed that an agreement had been reached.

Train drivers have walked out six times since November, causing disruption for huge numbers of passengers.

The strikes have often lasted for several days and have also caused disruption to freight traffic, with the most recent walkout in mid-March.

In late January, rail traffic was paralysed for five days on the national network in one of the longest strikes in Deutsche Bahn’s history.

READ ALSO: Why are German train drivers launching more strike action?

Europe’s largest economy has faced industrial action for months as workers and management across multiple sectors wrestle over terms amid high inflation and weak business activity.

The strikes have exacerbated an already gloomy economic picture, with the German economy shrinking 0.3 percent across the whole of last year.

What we know about the new offer so far

Through the new agreement, there will be optional reduction of a work week to 36 hours at the start of 2027, 35.5 hours from 2028 and then 35 hours from 2029. For the last three stages, employees must notify their employer themselves if they wish to take advantage of the reduction steps.

However, they can also opt to work the same or more hours – up to 40 hours per week are possible in under the new “optional model”.

“One thing is clear: if you work more, you get more money,” said Deutsche Bahn spokesperson Martin Seiler. Accordingly, employees will receive 2.7 percent more pay for each additional or unchanged working hour.

According to Deutsche Bahn, other parts of the agreement included a pay increase of 420 per month in two stages, a tax and duty-free inflation adjustment bonus of 2,850 and a term of 26 months.

Growing pressure

Last year’s walkouts cost Deutsche Bahn some 200 million, according to estimates by the operator, which overall recorded a net loss for 2023 of 2.35 billion.

Germany has historically been among the countries in Europe where workers went on strike the least.

But since the end of 2022, the country has seen growing labour unrest, while real wages have fallen by four percent since the start of the war in Ukraine.

German airline Lufthansa is also locked in wage disputes with ground staff and cabin crew.

Several strikes have severely disrupted the group’s business in recent weeks and will weigh on first-quarter results, according to the group’s management.

Airport security staff have also staged several walkouts since January.

Some politicians have called for Germany to put in place rules to restrict critical infrastructure like rail transport from industrial action.

But Chancellor Olaf Scholz has rejected the calls, arguing that “the right to strike is written in the constitution… and that is a democratic right for which unions and workers have fought”.

The strikes have piled growing pressure on the coalition government between Scholz’s Social Democrats, the Greens and the pro-business FDP, which has scored dismally in recent opinion polls.

The far-right AfD has been enjoying a boost in popularity amid the unrest with elections in three key former East German states due to take place later this year.

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