What are my rights if my flight is delayed?

What the Law Says

Your rights for flight delays in Germany are governed by EU Regulation 261/2004, which applies directly in all EU member states including Germany. It guarantees standardized passenger rights regardless of the airline’s nationality, as long as the flight departs from an EU airport or is operated by an EU airline arriving in the EU.

You are entitled to fixed compensation if your flight arrives at the final destination at least 3 hours later than scheduled. The amount depends on flight distance: €250 for flights up to 1,500 km; €400 for intra-EU flights over 1,500 km and all other flights between 1,500–3,500 km; and €600 for all flights over 3,500 km.

The airline does not have to pay if it can prove the delay was caused by 'extraordinary circumstances' — events outside its control and unavoidable even with all reasonable measures (e.g., severe weather, air traffic control strikes, political unrest). Technical issues due to poor maintenance or staffing shortages do NOT qualify.

You also have the right to care during long delays: free meals, refreshments, two phone calls or emails, and — if necessary — hotel accommodation and transport, depending on wait time and departure time.

What Courts Have Said

German courts consistently uphold passengers’ rights under EU Regulation 261/2004, emphasizing that airlines bear the burden of proving extraordinary circumstances — and that vague or internal operational issues are insufficient excuses.

What to Do

Sources

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