🛫 Flight: delay, cancellation, denied boarding
In brief
For problems with a flight, the Air Passenger Rights Regulation (EC) No 261/2004 applies in the EU.
- If you arrive more than 3 hours late or the flight is cancelled less than 14 days before departure, compensation of €250 to €600 may be due, depending on distance.
- The airline must look after you (drinks, food, hotel if necessary) and refund or rebook.
- In case of extraordinary circumstances (such as severe weather) there is no compensation.
First write to the airline. If that does not help, the Schlichtung Reise & Verkehr (travel and transport arbitration board) can help. It is free of charge.
Reform: the EU adopted new rules in 2026. The 3-hour threshold and the amounts remain. The new rules do not apply yet, though.
Step by step
- Secure your evidenceBooking, boarding pass, photos of the display board, times and receipts for your own costs.
- Ask for careAsk for meals and a hotel. Collect invoices if you pay yourself.
- Write to the airlineAssert your claim in writing.
- Use arbitrationIf there is no answer or it is inadequate, contact the Schlichtung Reise & Verkehr.
Deadlines
- Reform 2026: applicable 12 months and 20 days after publication in the Official Journal; publication date not confirmed.
- Reform details other than those given come mostly from press reports and are unconfirmed.
- For package holidays, the tour operator may be responsible; the limitation period remains 3 years: § 651j BGB (2 years) does not cover compensation claims under Regulation 261/2004 (BGH, 4 June 2024, X ZR 62/23).
- Scale under Art. 7 (1): €250 up to 1,500 km; €400 for intra-EU flights over 1,500 km and other flights of 1,500 to 3,500 km; €600 for all others.
In depth · legal basis, figures and practice – for advisers and professionals
Current law
Regulation (EC) No 261/2004 governs compensation in cases of denied boarding, cancellation and long delay. Compensation under Art. 7 (1): €250 up to 1,500 km; €400 for intra-EU flights over 1,500 km and other flights of 1,500 to 3,500 km; €600 for all others. The 3-hour delay threshold is based on CJEU case law (C-402/07 Sturgeon, C-581/10 Nelson), not on the text of the regulation. Passengers receive a refund or re-routing and care under Art. 9 (meals and refreshments, hotel and transfer if necessary). Under Art. 6 (1), care applies for delays of 2 hours or more on flights up to 1,500 km, 3 hours or more on intra-EU flights over 1,500 km and other flights of 1,500 to 3,500 km, and 4 hours or more on all others. In the case of extraordinary circumstances that could not have been avoided even with all reasonable measures, compensation does not apply (Art. 5 (3) of the Regulation).
Enforcement
The Schlichtung Reise & Verkehr e.V. (formerly söp) is free of charge for consumers; the procedure requires that the complaint to the company was unsuccessful. According to the Luftfahrt-Bundesamt (Federal Aviation Office), this applies to claims up to €5,000; claims under €10 are excluded; arbitration proposals are binding only if both sides agree. The Luftfahrt-Bundesamt does not decide individual claims. For airlines that do not participate, the Bundesamt für Justiz (Federal Office of Justice) in Bonn is responsible (according to BMV). Citizens' service of the Luftfahrt-Bundesamt Braunschweig: tel. +49 531 23 55-115 (Mon to Thu 10 am to 1 pm, according to BMV).
Limitation
For claims under the Air Passenger Rights Regulation, the regular limitation period of three years from the end of the year applies in Germany (§§ 195, 199 Abs. 1 BGB). This also applies to a flight that is part of a package holiday: § 651j BGB (2 years) does not cover compensation claims under Regulation 261/2004 (BGH, 4 June 2024, X ZR 62/23).
Reform 2026 (not applicable law)
On 15 June 2026, Council and Parliament reached agreement; Parliament approved on 7 July 2026 according to Ă–AMTC; the Council gave final approval on 13 July 2026 according to a search result. Application: 12 months and 20 days after publication in the Official Journal. Content according to Bundeskanzleramt Ă–sterreich, Ă–AMTC and press sources: 96-hour notice by the airline, 9-month filing deadline, 30 days for processing, ban on the no-show exclusion for the return flight, free name correction, one free personal item (small bag or rucksack, dimensions not specified), cost of hand luggage visible before booking, care scale 2 hours / 3 hours / all 5 hours (reform rule, does not yet apply), right to rebook yourself up to 400 percent of the ticket price. These points come mostly from the press; the wording of the regulation was not checked.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.