EU rights when flight delayed so much that return is missed

EU rights when flight delayed so much that return is missed - When Will You Return Signage

(Hypothetical)

If I am traveling for business, I may take a flight to e.g. Frankfurt just for a 2 hour meeting, and then immediately return. I would like to know what EU regulations stipulate if the outbound flight is delayed so much that I could not make the return.

I have seen one other question related to what the airline probably will do, but I would like a statement about EU regulations.

For instance, is the airline required to refund the whole ticket price? Presumably, if I see that I cannot make the meeting, it doesn't make sense for me to travel at all. So I would simply not travel. Or is the airline perhaps only obligated to make sure that I get to the destination and back? For instance, in this case, perhaps the airline just has to get me a new ticket which says that I fly to Frankfurt, and immediately return on the same plane?

I understand that if my original flight is delayed due to non-weather related events, and I miss my connection, then the airline is generally responsible to get me to my destination. Furthermore, I understand that the EU has regulations laying out what should happen if a delay is longer than X minutes. But it is unclear to me what should happen if the delay interferes with the return flight (not just the connection).



Best Answer

The other question already covers the 5 hour delay so I will not repeat that part here, but I assume you're also interested in smaller delays (in case of 2h meeting, a 2-3h delay is enough to ruin your agenda and make the travel pointless).

While such situation are partially covered by the EU regulation, you also have to consider tort law. The latter may not be uniform across the EU so you need to check for more details for a specific case.

The EU regulation stands that if your flight is delayed for over 3h (in case of connecting flight the arrival to the final destination counts) then you are eligible for a compensation. The amount varies from 125 to 600 EUR depending the delay time (below 5h it can be reduced by half, the amount for shortest flights - most intra-European - is 250, for the longest ones, all outbound it's 600). You're also eligible to some (limited) assistance.

This page about passenger rights within EU gives more details.

In addition to the EU regulation some national laws may give you additional rights. For example Polish tort law states that the company will be liable for any loss, however you need to be able to directly specify such loss. So if you cannot attend the meeting due to delay, your employer is eligible to request compensation for your time and other expenses associated with your trip. They cannot however claim a compensation for a potential loss (e.g. if you were flying to negotiate with the potential client and the negotiation did not take place you cannot claim the expected contract earnings, however if you had to pay some fine for not showing up on the meeting, that's reimbursable).

An airline might not be too willing to accept such claims in which case you may need to file the case to a court.

Not related to flights, but to trains (so very similar situation, there are also EU regulations about that) - when my train was delayed by 2 hours making it plausible that I will miss my plane, I've decided to catch a taxi at one of the stops (yes, taxi was faster) and go directly to the airport. Of course EU regulation doesn't cover that. I barely managed and claimed for the reimbursement of the taxi cost (some 35-40 EUR). It took me 3 months and a few formal letters but they eventually reimbursed the whole amount (even though they officially stated that they rejected my claim and that they pay this amount as an exception).




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Can you get compensation if your flight is delayed?

When a flight delay occurs, you are entitled to assistance and a choice between rerouting, reimbursement, or rebooking. If you arrive at your destination more than 3 hours after your scheduled arrival time, you are entitled to the same reimbursement, rerouting, and rebooking structure as a denied boarding.

How long does your flight have to be delayed to get compensation?

If your flight's delayed for 3 or more hours You're entitled to get compensation if the flight arrives more than 3 hours late and it's the airline's fault - for example, if they didn't get enough bookings or there was a technical fault.

What happens if you miss flight due to delay?

If you miss your connection due to a delay, usually the airline is responsible for providing you with a replacement flight to your destination. They will have to book you on the earliest possible flight available.



Airline Refunds - Flight Cancelled? Know Your Rights!




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