If, despite having booked a certain flight and turned up at check-in on time, you are not permitted to board or your flight is cancelled or delayed by more than three hours, this is always annoying and involves considerable inconvenience for you and your travel companions. In certain cases, you may, for example, miss an important business appointment or long-awaited family celebration.
Under certain conditions, you are entitled to up to 600 euros of compensation from the airline under EU Directive 261/2004, which is aimed at protecting consumers. In our experience, airlines often try to get out of these payment obligations by shunning or contesting your claim. Without legal assistance, it is often almost impossible to enforce your payment claims.
We help you to claim your right in German courts and can assist you regardless of where you live – in case of success completly free of charge!
1. WARNING TO THE AIRLINE
Use our free Warning-Generator!
We recommend that you first write to the airline yourself and set a deadline for payment. In our experience, the airline will not react to this letter or will reject it.
For your convenience, we´ve provided a sample letter, which you generate by using our Warning-Generator. If you have any questions regarding the Warning-Generator, please feel free to contact us anytime.
If you have already addressed the airline in writing and asked that it make a payment by a certain deadline, further requests on your part are not required.
Go to Warning Generator
2. LEGAL ASSISTANCE
Once the deadline has passed without payment, you should contact us. After we have set a further deadline, which, in our experience, will also be ignored, we will then lodge the lawsuit on your behalf so that you can get what is due to you! In order to prevent a long, drawn-out process, airlines generally pay upon lodging of the suit or acknowledge the suit shortly before the deadline for verbal negotiation.
DOCUMENTS REQUIRED FROM YOU:
In order to be able to assert your claims on your behalf, we need the following documents from you:
- Your travel documents
- The letter that you sent to the airline and any response from the airline
- Declaration of power of attorney in our name
Please send us an original copy of the declaration of power of attorney. All other documents can be sent as a copy by post, fax or e-mail.
To assist you in finding the address of your airline, we´ve created a list of airlines departing from Europe in MS-Excel-format (last updated: January 15th 2015). Please note, that we cannot take any responsibility for the accuracy and currency of the provided information though.
The list is copyright protected and must not be published, copied and/or distributed without our prior written permission.
In case you notice data provided in this list being no longer up to date, we would very much appreciate a corresponding notice.
Download list of airlines
THE AMOUNT OF YOUR COMPENSATION ENTITLEMENT
The amount of your possible compensation claim is set out in Art. 7 of EU Directive 261/2004. Depending on the distance between the departure and arrival airports, the entitlement per person is:
- 250 EUR for a flight distance of up to 1500 km
- 400EUR for all flights within the EU with a flight distance of over 1500 km
- 400EUR for a flight distance of over 1500 km - 3500 km
- 600EUR for a flight distance of over 3500 km
You can easily determine the distance between your departure and your destination airport using the distance-online-calculator provided under www.luftlinie.org.
As every passenger has a right to claim compensation, a four-person family can quickly reach compensation of 2,400 EUR for a flight distance of more than 3500 km.If the airline offered you an alternative flight, the amount of your entitlement to compensation may be reduced by 50%. The deciding factor is how much the arrival time of the alternative flight deviates from that of the original flight. A reduction of 50% is only possible with a deviation of up to two hours under no. 1, up to three hours under no. 2/3 and up to four hours under no.4.Alongside the entitlement to compensation, depending on the individual case you may also be entitled to compensation for rebooking, accommodation or cancellation costs.
FLIGHT DELAYS, FLIGHT CANCELLATIONS
In accordance with EC Directive 261/2004, passengers are entitled to compensation in the case of delays of three hours or more or a flight cancellation (cancellation of a flight without replacement). To determine the duration of the delay the initial departure time and the time at which the aircraft has opened its doors after landing is decisive (see ECJ, judgment of 09.04.2014, Case-No. C-452/13).
This only applies insofar as you have begun your flight from an airport within the European Union and the delay is not due to acts of force majeure. Force majeure includes, for example, the effects of the weather and strikes by pilots or on-ground or safety staff.
You may also be entitled to compensation if you have booked a flight and turned up at check-in on time but the airline refuses to transport you and does not give a good reason for this. Should these conditions be met, the airline is obligated to pay you compensation immediately.
NO FEE IN THE EVENT OF SUCCESS / NO SHARE IN COMPENSATION
You will not incur any costs for asserting the claim for compensation if you are successful. Unlike commercial providers, we do not charge any commission. These providers often keep a share of up to 30% of the compensation in the event of success.
DIEKMANN Rechtsanwälte initially invoices the statutory fees directly to you. If you are then successful, you will receive the full compensation. In addition, the airline must reimburse your expenses. This means that you actually incur no costs at all!