ALPEN AIR: All about your passenger rights and obligations when flying
Flying has become an integral part of modern German life. But for passengers in Germany, there are many legal aspects that are often unclear. ALPEN AIR would like to give you an overview of your rights and obligations as a passenger under German law as of 2024. We also explain some important rights and obligations in detail and provide an outlook on possible changes to passenger rights and obligations in the future. After all, flying in Germany will continue to change in the coming years – the increased ticket tax from May 2024 is just the beginning.
Passenger rights in Germany
- Transparent flight booking and ticket purchase
When buying a flight ticket in Germany, you have the right to clear and transparent information about the flight price, the flight times and the conditions of the ticket. EU Regulation No. 261/2004 is also valid in Germany and governs your rights in the event of flight delays, cancellations or denied boarding.
- Delays and cancellations
According to EU Regulation No. 261/2004, passengers are entitled to compensation of up to 600 euros in the event of a delay of more than three hours, depending on the flight route. In the event of cancellation, the airline must offer alternative transportation or a refund of the ticket price. In addition, meals, refreshments and, if necessary, hotel accommodation including transfers must be provided if the flight does not continue until the next day.
If a flight is canceled, passengers are entitled to a refund of the fare for unused legs or to a return flight to the original point of departure if the flight is no longer practical. In addition, passengers are entitled to re-routing to their final destination under comparable conditions.
- Right to Information
Passengers have the right to be informed about the causes of delays, cancellations or overbooking. Airlines are obliged to inform passengers of their rights and the steps they can take to assert these rights.
Rights in the event of lost or damaged baggage
If your baggage is lost or damaged, you are entitled to compensation. In the event of loss, this can be up to 1,386 euros per person. Report the loss or damage immediately at the airport, to the airline and, if involved, to your tour operator.
- Passanger rights during security checks
Passengers in Germany have the right to fair and transparent security checks. Unlawful or discriminatory searches are not permitted. In the event of violations, you can contact the competent authority, the Federal Police.
Obligations of passengers in Germany
- Compliance with safety regulations
- Obligation to provide correct documentation
- Passengers must ensure that they have the necessary travel documents, including a valid passport or identity card, visa and other required documents. Without these documents, transportation may be denied and the airline is not obliged to provide a refund.
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- Obligation of punctuality
- Passengers are obliged to arrive at the airport on time and to adhere to the specified check-in times. Delays can result in you missing your flight and your ticket being forfeited.
- Participation in baggage control
Consequences of non-compliance with obligations
Fines and penalties
Heavy fines and penalties can be imposed for violations of security regulations, customs or entry requirements. In serious cases, criminal consequences such as prison sentences can follow.
Refusal of transportation
Airlines can refuse to carry passengers if they violate important obligations. This applies in particular in the event of non-compliance with the obligation to carry travel documents or dangerous behavior on board.
Reimbursement costs
If passengers do not comply with their obligations and this leads to additional costs, these costs can be charged to the passengers. These include, for example, costs for return flights or additional security checks.
Important rights and obligations in detail
Right to compensation for delays at EU airports
In order to receive compensation for delays, you should keep all relevant documents such as your boarding pass and booking confirmation. Make a note of the arrival time and find out about your rights from the airline. The airline is obliged to provide you with this information. Claims can be made retroactively for up to three years.
The following applies for delays of more than 3 hours to or from EU airports:
- Flight distance up to 1,500 km: 250 Euro
- Flight distance up to 3,500 km: 400 Euro
- Flight distance from 3,500 km: 600 euros
However, the airline may refuse payment in exceptional circumstances such as weather disruptions, strikes or political reasons.
Rights and obligations in the event of lost baggage
If your baggage is lost, report the loss immediately at the airport counter or at the relevant registration offices and also to the airline. You will receive a loss report, which you will need to make a claim. The compensation for lost baggage is up to 1,386 euros per person.
If your suitcase does not arrive after the outbound flight, you have the right to purchase necessary replacement clothing and toiletries. The airline is obliged to reimburse the costs for this. Keep the receipts for this.
It is important to act within the legal deadlines in order to protect your rights:
- Damaged baggage: seven days to notify the airline.
- Delayed baggage: 21 days after receipt of the baggage in writing to the airline
Obligation to follow safety instructions
The cabin crew is responsible for safety on board. Passengers must follow the instructions of the staff, especially during take-off and landing and in emergency situations. Failure to follow these instructions can lead to serious safety risks and result in criminal prosecution.
Future developments in passenger rights
Changes to passenger obligations and rights: Stricter security measures
Passenger rights and obligations will continue to evolve in the near future. As the digitalization of air travel progresses, new regulations on data security and data protection could become relevant for passengers. The increasing importance of sustainability in air travel could also lead to new obligations for passengers, such as increased checks on items carried on board to ensure more environmentally friendly flights.
Technological innovations and passenger rights
Technological innovations such as biometric security checks and digital boarding passes could further improve the travel experience and strengthen passengers’ rights. These technologies can also help to speed up the check-in process and increase security.
Sustainability and passenger rights
The growing importance of sustainability is likely to lead to new regulations or taxes aimed at reducing the environmental footprint of air travel. This could also have an impact on passengers’ rights and obligations, for example through the promotion of CO2 compensation programs and the introduction of incentives for more environmentally friendly travel options.
