Flight compensation due to a delay in the second leg only
What is the compensation policy if the second flight only got delayed? I traveled from Boston to Munich via Frankfurt. The first flight (BOS - FRA) was on time, the second flight (FRA - MUC) got delayed more than 3 hours.
Best Answer
Multi-leg journeys: compensation due if passenger arrives to final destination 3 hours late
The case was referred to the CJEU by the German Supreme Court (Bundesgerichtshof), and concerned an Air France passenger who had flown from Germany to Asuncion (Paraguay) via Paris and Sao Paulo. Her first plane from Germany to Paris departed two and a half hours late; thus, she missed her connecting flight in Paris (so the air carrier booked another seat on a different flight to Sao Paulo later that day), and also missed the second connection to Asuncion in Sao Paulo. Therefore, she arrived at her final destination seven hours late, despite the first flight being only two and a half hours late.
The passenger claimed compensation under the Air Passenger Compensation Regulation (2004/261/EC), which sanctions that passengers who are delayed three or more hours are entitled to a compensation of €250, €400 or €600, depending on the delay and distance travelled and with a possibility of a 50% reduction for delays of less than 4 hours on journeys longer than 3,500 kilometers. The air carrier maintained that the above mentioned Regulation had to be interpreted differently, i.e. the three or more hours of delay were referred to each single leg of the journey, not to the time of arrival to the final destination.
The Bundesgerichtshof referred the question to the CJEU, asking to provide the correct interpretation. The Court affirmed that the Air Passenger Compensation Regulation referred to the scheduled time of arrival to the final destination, because providing a different interpretation would mean to discriminate between passengers facing identical inconveniences but travelling with direct flights rather than multi-leg journeys
(emphasis mine)
So if you had both legs on a single ticket on flights operated and marketed by Lufthansa, then the whole trip is considered as if it was a direct flight from origin to final destination, not each leg separately.
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Can I get refund for second leg of flight?
You catch the first leg of the flight, but when you land you learn the second leg is canceled. Now imagine the airline can't offer you an alternative that gets you to your original destination within a reasonable timeframe. If that is the case, you are within your rights to demand a full refund of the flight ticket.How long does a 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 are my rights if one leg of my flight is Cancelled?
If your flight is cancelled, you are entitled to a refund on any unused part of your flight ticket. As an alternative, you can be 're-routed' on to a different flight as soon as possible, or at a later date if that is more convenient to you (subject to seat availability).HOW TO CLAIM COMPENSATION FOR FLIGHT DELAYS| AIRHELP
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