Air travel

Directly to:


Within the EU there are rules offering air passengers protection and if necessary, compensation in the event of cancellation, over-booking or delay of (scheduled) flights. These rules are laid down in a European Regulation which applies to each EU Member State. This page tells you when you are entitled to compensation and/or assistance from the airline. The European legislation on package tours (air tours) is set out in the article Package holidays.

When does the EU Regulation apply?

The Regulation applies to:

  • Scheduled flights and flights which are part of a package tour (charter flights).
  • All flights departing from an EU Member State.
  • All flights from outside the EU to an airport within the EU, if these are operated by an airline from an EU Member State.

What information must the airline provide to you?

Airlines in the EU must provide their passengers with clear information about their rights. The following announcement must be clearly displayed at the check-in desk:

"If you are denied boarding or if your flight is cancelled or delayed by two hours or over, you should ask for a written note stating your entitlements, in particular with respect to compensation and assistance, at the check-in desk or at the boarding gate."

If a flight is cancelled, if passengers are denied boarding or if it is likely that the flight will be delayed by 2 hours or more, the airline must give passengers a written note stating their entitlements in respect of compensation and assistance. This written note must also state the address of the body which is responsible for ensuring compliance with the Regulation in the country from which the flight is departing. In the Netherlands, this body is “Inspectie van Verkeer en Waterstaat” (the Transport, Public Works and Water Management Inspectorate).

What are your entitlements in the event of flight delay?

If your flight has been delayed, the airline is obliged to provide you with ‘assistance’. The length of delay and the distance of the flight will reflect the level of assistance, which is provided free of charge:

  1. In case of flights of 1500 km or less, where the delay is 2 hours or over.
  2. In case of flights of more than 1500 km within the EU and all other flights between 1500 km and 3500 km, where the delay is 3 hours or over.
  3. In case of flights of more than 3500 km outside the EU, where the delay is 4 hours or over

In all the above cases, you are entitled to the following within the stated period of delay:

  • Free meals and refreshments in reasonable proportion to the waiting time.
  • The possibility to send two e-mails, faxes or telexes free of charge.
  • Free hotel accommodation, if you have to wait for 1 or more nights or if your scheduled stay has to be extended due to the delay.
  • Free transport between the airport and this accommodation.

In the case of all flights (regardless of the distance) you may decide that you no longer wish to travel, if your flight is delayed by more than 5 hours. You will then be entitled to a full refund of the un-used part of your ticket. If it is your return flight which is delayed, the airline must offer you an alternative return flight free of charge. If you are stranded at a transfer airport and it would be pointless to continue your journey, you will furthermore be entitled to a return flight to the airport where your journey commenced free of charge.

NB. Under the European Regulation, therefore, you are not entitled to financial compensation if your flight is delayed. You may nonetheless be entitled to such compensation under the Montreal Convention 1999. However, the carrier is not liable to make such compensation, if it can show that it took all reasonable measures to avoid the delay, but it was impossible to do so.

What are your entitlements in the event of cancellation?

If an airline cancels a flight at the last minute, it must offer you the following:

  • Another flight (re-routing) to the same final destination. If you have to wait to be re-routed, you are moreover entitled to the same assistance free of charge as applies in the event of delay, including free accommodation if the flight is the next day.
    OR:
  • A full refund of your ticket price;
    AND:
  • Financial compensation, if the cancellation is not due to circumstances beyond the airline’s control (e.g. bad weather, political unrest, a security threat or strikes):

    • to an amount of €250 for flights of 250 km or less
    • to an amount of €400 for intra-EU flights of more than 1500 km and all other flights between 1500 km and 3500 km
    • to an amount of €600 for flights of more than 3500 km.

This compensation is halved, if you accept re-routing and your delay is limited:

  • to less than 2 hours in the case of flights of less than 1500 km;
  • to less than 3 hours in the case of intra-EU flights of more than 1500 km and all other flights between 1500 km and 3500 km;
  • to less than 4 hours in the case of all other flights.

NB. For the sake of clarity: you are not entitled to compensation, if you have been informed of the intended cancellation in good time (e.g. two weeks in advance).

What are your entitlements in the event of denied boarding due to over-booking?

If a flight is overbooked (i.e. there are not enough seats on the aircraft for all the passengers who have booked for that particular flight), the airline must first call on passengers to volunteer their seats to other passengers. If you come forward to volunteer your seat, the airline must:

A. Offer you certain benefits and/or financial compensation in a deal between you, the volunteer and the airline.

B. In addition, you must be offered the choice between re-routing (an alternative flight) or a full refund of your ticket. If you opt for re-routing, you are also entitled to the same assistance free of charge which is provided in the event of flight delay, including free accommodation if the flight is the next day.

If not enough volunteers come forward, the airline can refuse to board you on the flight. In that case you are entitled to:

A. Choose between re-routing (an alternative flight) or a full refund of your ticket. If you opt for re-routing, you are also entitled to the same assistance free of charge which is provided in the event of flight delay, including free accommodation, if the flight is the next day.

B. In addition, you are immediately entitled to the following financial compensation:

  • €250 for flights of 1500 km or less
  • € 400 for intra-EU flights of more than 1500 km and all other flights between 1500 km and 3500 km
  • €600 for flights of more than 3500 km.

This compensation is halved, if you accept re-routing and your delay is limited:

  • to less than 2 hours in the case of flights of less than 1500 km;
  • to less than 3 hours in the case of intra-EU flights of more than 1500 km and all other flights between 1500 km and 3500 km;
  • to less than 4 hours in the case of all other flights.

What are your entitlements in the event of damaged, delayed or lost luggage?

This depends on what exactly has happened to your luggage.

  • Your luggage has been delayed:
    You are immediately entitled to compensation for the purchase of necessary items, such as toiletries and clothes, for example. The airline sets out in its general terms and conditions how it calculates the amount of such compensation.
  • Your luggage is damaged or lost:
    You are entitled to compensation to a maximum amount of SDR 1,131 (approx. €1,257.06). The value of an SDR is based on a basket of international currencies and is calculated daily. You are not entitled to this compensation, if the airline can claim the damage or loss was due to circumstances beyond its control.

What must you do?
If your luggage is not unloaded from your aircraft, you must complete a Passenger Irregularity Report, or PIR, at the airport which should be provided to you by the airline. You should hand this PIR to the airline and keep a copy of the same.

  • Is your luggage damaged? Send a complaint in writing to the airline within 7 days from the date of the receipt of your luggage, including a copy of the PIR.
  • Is your luggage delayed? Send a complaint in writing to the airline within 21 days of receipt of your luggage, including a copy of the PIR.
  • Is your luggage still missing at the expiration of 21 days from the date it was supposed to have arrived or has the airline already admitted the loss of your checked luggage? Then you may be entitled to compensation as referred to above.

What if you are upgraded or downgraded?

If you can only travel on your flight in a seat in a higher class than that for which you have paid, the airline may not charge you any additional fee for the upgrade. If you must travel in a seat in a lower class than that for which you have paid then you are entitled to a reimbursement:

  • of 30% of the ticket price for all flights of 1500 km or less;
  • of 50% of the ticket price for intra-EU flights of more than 1500 km (with the exception of flights between Europe and the French overseas ‘départements’) and all other flights between 1500 km and 3500 km;
  • of 75% of the ticket price for all other flights.

Persons with reduced mobility/unaccompanied minors

Persons with reduced mobility, their companions and/or guide dogs and unaccompanied minors have priority on all flights. This applies among other things in the case of over-booking and with regard to the entitlement to assistance in the event of delay and cancellation.

How do you claim compensation?

If you think you are entitled to compensation you must submit a claim in writing to the airline concerned. The settlement of your claim may take some time. Whether you will receive compensation depends on a number of different factors, including whether the airline can claim it was the victim of circumstances beyond its control.

EU Complaint Form(138 KB, pdf)

Air Passenger Rights

 

Who can you turn to if you have a complaint?

If the dispute is not satisfactorily resolved, you can refer your complaint to the ECC. The ECC will then contact the ECC in the EU Member State where the airline has its registered office. If there is an alternative dispute resolution body in that country, our sister ECC will submit your complaint to this body. If no such body exists, the airline will be contacted directly.

Tips:

  1. If you are (possibly) entitled to compensation, you do not have to accept a voucher for a replacement flight!
  2. Always carry valuables, medicines, toiletries for daily use and contact lens items with you in your hand luggage. But remember to observe the Rules for carrying fluids

    <link to folder on www.schiphol.nl>

  3. Keep all receipts of items purchased in connection with a delayed flight or luggage!
  4. N.B. in the event you fail to check in for your flight (no-show): your return flight may be cancelled!
  5. If you have booked online, print the flight confirmation and take it with you!