Passenger rights

According to the EU Regulation 261/2004‚ you are entitled to a number of rights as a passenger.

Validity of the EU Regulation 261/2004

The Regulation applies:

• to passengers who take a flight from an airport located in a member state of the EU or a flight operated by an EU-based airline to an EU state from an airport located in a third country unless they have received benefits or compensation and been given assistance in this third country;
• only if the passengers have a confirmed reservation for the flight concerned; and
• only if the passengers (other than in the case of flight cancellations) present themselves for check-in by the stipulated check-in time or‚ if no time was stipulated‚ no later than 45 minutes before the published departure time.

The Regulation does not apply:

• to passengers travelling free of charge or at a reduced fare that is not directly or indirectly available to the public.

Delays

According to the EU Regulation 261/2004‚ you are entitled to certain forms of care provided by the airline in the case of departure delays compared to the planned departure time that can be reasonably expected:

• Delays of four hours or more in the case of flights covering a distance of more than 3‚500 km;
• Delays of three hours or more in the case of flights covering a distance of between 1‚500 and 3‚500 km and flights of more than 1‚500 km within the EU; and
• Delays of two hours or more in the case of flights covering a distance of up to 1‚500 km.

In such cases‚ the care provided is as follows:

• Meals and refreshments in reasonable proportion to the waiting time;
• Hotel accommodation with a possible transfer where necessary; and
• The chance to make two phone calls or send two telex messages‚ faxes or e-mails.

Please note: Care must not be provided if it would result in further delays to your departure.

Delays of more than five hours

In the case of delays of more than five hours‚ you are entitled to withdraw from your flight and claim reimbursement of the cost of your flight ticket and for any parts of your journey not made or to assert further rights pursuant to Article 8 paragraph 1(a) of the EU Regulation 261/2004.

In order to do so‚ you must be able to provide clear evidence that you are unable to pursue the original purpose of your journey.

Please note: In the case of package trips‚ the terms and conditions of the Directive on Package Travel‚ Package Holidays and Package Tours (90/314/EEC) apply. This means that you may incur extremely high cancellation costs in the case of withdrawal from your flight.

Compensation

In the case of delays of three hours or more‚ you are entitled to claim compensation in the form of a cash payment‚ cheque‚ bank transfer or‚ with your consent‚ in the form of a voucher in accordance with Judgements C-581/10 and C-629/10 of the European Court of Justice.

The compensation amount depends on the distance of the planned flight route:

• 250 € for flights covering a distance of up to 1‚500 km;
• 400 € for flights covering a distance of between 1‚500 and 3‚500 km or more than 1‚500 km in the case of flights within the EU; and
• 600 € for flights covering a distance of more than 3‚500 km.

Please note: You are not entitled to any compensation payment if the delay is due to extraordinary circumstances. Furthermore‚ in accordance with Judgements C 402/07 and C 432/07‚ of the European Court of Justice‚ such compensation may be reduced by 50% where the delay is less than 4 hours.

Denied boarding

If LEAV offers you the option of voluntarily withdrawing from your flight or denies you boarding against your will‚ you are entitled to the provision of care and compensation payments.

You will also be offered alternative transportation to the final destination of your booked flight. This replacement transportation will be provided at the earliest possible time in comparable conditions. If seats are available‚ you can also choose to travel to your final destination at a later point in time but must then bear the costs of meals and refreshments‚ hotel accommodation and transfers yourself.

Denied boarding against your will

In the case you are denied boarding against your will‚ you are additionally immediately entitled to the payment of compensation in the form of a cash payment‚ cheque‚ bank transfer or‚ with your consent‚ in the form of a voucher.

The compensation amount depends on the distance of the planned flight route:

• 250 € for flights covering a distance of up to 1‚500 km;
• 400 € for flights covering a distance of between 1500 and 3‚500 km or more than 1‚500 km in the case of flights within the EU; and
• 600 € for flights covering a distance of more than 3‚500 km.

Alternative flight

If you are offered an alternative flight‚ the following reduced compensation payments may apply:

• 125 € in the case of flights covering a distance of up to 1500 km if the arrival time of the alternative flight is no later than two hours after the planned arrival time of the originally booked flight;
• 200 € in the case of flights covering a distance of between 1500 km and 3500 km and flights of more than 1500 km within the EU‚ if the arrival time of the alternative flight is no later than three hours after the planned arrival time of the originally booked flight; and
• 300 € in the case of flights covering a distance of more than 3500 km if the arrival time of the alternative flight is no later than four hours after the planned arrival time of the originally booked flight.

Cancellation

If a flight for which you have a confirmed reservation is cancelled‚ we will inform you about possible alternative transportation. You are also entitled to the provision of care‚ reimbursement and compensation payment as described above.

Extraordinary circumstances

If your flight is cancelled due to extraordinary circumstances‚ you are not entitled to the payment of compensation.

You are also not entitled to the payment of compensation if we:

• inform you about the cancellation at least 14 days before your booked departure;
• inform you about the cancellation between 7 and 14 days before your booked departure and when doing so‚ offer you an alternative flight with a departure time that is no earlier than two hours before our original departure time and no later than four hours after your planned arrival time; and
• inform you about the cancellation less than 7 days before your booked departure and when doing so‚ offer you an alternative flight with a departure time that is no earlier than one hour before your original departure time and no later than two hours after your planned arrival time.

Contact

You can also contact the appropriate national bodies that are responsible for securing passenger rights here.

You can contact us directly at LEAV Service-Center Team Hotline: +49 221 5998 4000