About Passengers Rights
What flights are covered by the Regulation?
In order for a flight to be covered by the Regulation, it either has to be a flight departing from an EU airport or a flight departing a non-EU airport, with an EU airport as the destination, if the carrier is an EU carrier.A flight from Denmark to Turkey, for example, with any airline, is covered by the Regulation. A flight from Turkey to Copenhagen with an EU airline will also be covered by the Regulation. However, a flight from Turkey to Copenhagen, on a Turkish airline, is not covered.
The Regulation applies, regardless whether the flight in question is a charter flight, a standard route or part of a package tour.
When do my rights apply?
If a flight is covered by the Regulation, you, as a passenger, have rights in the following instances: Denied boarding, cancellation and delay.
Denied Boarding
Passengers are denied boarding on a flight where the passenger has a confirmed reservation and is present at check-in and boarding, at the required time. Any and all travel documents must be presented to the air carrier upon request.
Cancellation
Delay
Which complaints can the Danish Transport, Construction and Housing Authority handle?
The Danish Transport, Construction and Housing Authority handle complaints concerning flights that depart Danish airports, and flights that depart a non-EU country with a direct flight to a Danish airport, where the operator is an EU carrier.
Complaints that have to be handled by other enforcement bodies
The Danish Transport, Construction and Housing Authority does not handle complaints concerning the following instances:
- Flights departing other EU countries
- Flights departing a non EU country with another EU country, as the destination.
Instances where the Regulation does not apply
- Flights departing a non EU country towards an EU country with a non EU carrier
- Baggage delay, damage to baggage and/or passenger injuries or death.
- Liabilities stemming from the contract between passenger and airline, including consequential damages (for instance loss of earnings).
- Refund request related to accommodation (such as prepaid hotel) and other tourist related services.
The Danish Transport, Construction and Housing Authority cannot handle complaints concerning these instances.
Complaints concerning baggage may be directed to Consumer Centre Europe.
How to Forward a Complaint
If you are seeking compensation on behalf of travel companions, remember to attach power of attorneys.
How will the Danish Transport, Construction and Housing Authority handle your complaint?
The Danish Transport, Construction and Housing Authority will evaluate your complaint in accordance with Regulation (EC) 261/2004, which defines passenger rights, including the right to compensation in case of cancelled or delayed flights and denied boarding.
The evaluation will result in a decision, which will be forwarded to you and the airline. If the Danish Transport, Construction and Housing Authority finds that you are entitled to compensation, the airline has four weeks in which to pay compensation.
If you do not hear from the airline within the four weeks, you may inform the Danish Transport, Construction and Housing Authority. The Danish Transport, Construction and Housing Authority will then evaluate whether sanctions are a possibility in your case, and if the case can be transferred to the prosecution.
The estimated handling time for a complaint is five months, unless underway; the need arises, to obtain further information or documentation, either from you or the airline, which may prolong the handling time.
If the Danish Transport, Construction and Housing Authority finds that you are not entitled to compensation, or if you disagree with the decision made by the Danish Transport, Construction and Housing Authority, you may file a case with the civil courts.
Power of attorney
Register Complaint
Firstly, you must complain directly to the airline. However, if you are not satisfied with their reply; you can forward a complaint to the Danish Transport, Construction and Housing Authority.
In order to process your complaint, please have the following documents ready when submitting a complaint:
- A copy of the correspondence with the airline
- A copy of the travel documents (boarding pass or ticket) for all the passengers listed in the complaint.
- Power of attorney for travel companions
- Receipts for expenses incurred due to lack of care (if any)
Denied Boarding, Cancellation and Delay
Denied Boarding
Passengers may voluntarily give up their confirmed reservation or be denied boarding against their will when flights are overbooked. When voluntarily giving up a confirmed reservation, passengers are entitled to financial compensation based upon an agreement between the passenger and the airline. Furthermore, the airline has to offer a refund of the ticket price, or rebook the passenger in accordance with the rules outlined in the Regulation.In cases where passengers are denied boarding against their will, the airline has to compensate the passenger(s) (see section concerning compensation), and offer a refund of the ticket price or rebook the passenger in accordance with the Regulation, as well as offer meals and refreshments that are reasonable when compared to the time, which the passenger is expected to wait, hotel stay if it is necessary, and transport to and from the hotel, two telephone calls, telex, fax or e-mails.
Cancellation
In case of cancelled flights, the airline has to offer a refund of the ticket price or rebook the passenger(s) in accordance with the Regulation. Furthermore, the airline has to offer meals, refreshments that are reasonable (alcohol not included), when compared to the time, which the passenger is expected to wait, hotel stay if it is necessary, as well as transport to and from the hotel, two telephone calls, telex, fax or e-mails and offer compensation (see section concerning compensation) unless the cancellation is announced to the passenger(s) within the Regulation determined times and terms or the cancellation is caused by extraordinary circumstances.Delay
Rights concerning delay depend upon the duration of the delay. The airline has to offer meals and refreshments (alcohol not included) as well as two free phone calls, telex, fax or e-mails, hotel stay if this is deemed necessary, transport between airport and hotel accommodation if an overnight stay is necessary.
Furthermore, if the delay is not caused by extraordinary circumstances the air carrier must, upon request, pay compensation in accordance with the Regulation.
If the delay is caused by extraordinary circumstances, the air carrier may refer to this, and refuse compensation.
In order to be entitled to compensation, the delay in arrival must be 3 hours or more after the scheduled time of arrival.
Compensation
The amount depends upon the distance the flight has, or will, or was planned to cover and the delay's length.
Compensation amounts
- 250€ for flights under 1500 kilometers
- 400€ for flights within the EU covering more than 1500 kilometers and for all flights between 1500 and 3500 kilometers
- 600€ for all flights that do not fall into the categories above.
In case of cancellation and delay the right to compensation may be repealed if the airline can prove that the delay or cancellation was caused by extraordinary circumstances, which could not have been avoided even if all reasonable measures had been taken.
Circumstances such as these can occur in cases of political instability, weather conditions that are incompatible with the execution of the flight in question, safety hazards, unforeseen security issues, or strikes that affect the performance of the airline.
Air carriers may in some cases reduce the compensation by 50 % if the passenger is rerouted to their final destination, and the delay in arrival is 2-4 hours after the originally scheduled time of arrival, at their final destination, depending on the length of the flight.
Regulation
Regulation (EC) No 261/2004 of the European Parliament and of the Council
Regulation on establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91
Valid from
11/02/2004
Other Complaint Authorities
Complaints concerning these matters may in some instances be directed to Pakkerejse-Ankenævnet, if the flight was part of a package tour, Consumer Centre Europe or the Danish consumer authority – Center for Klageløsning/Danish Competition and Consumer Authority.
If you have complaints concerning other matters during your flight, you may contact the European Consumer Centre Denmark, to see whether you are entitled to some form of compensation or refund.
Questions and Answers
What applies if your flight or trip has been cancelled due to COVID-19?
Have you booked your flight directly with the airline?
If such is the case, you should contact the airline to be rebooked to another departure, or to have your ticket refunded. Rebooking will in most cases not be possible due to the current circumstances. You have the right to have a ticket refunded upon cancellation, which means that you’re not obligated to accept a voucher if the airline offers you such compensation.
However, you can choose to accept a voucher instead of having your ticket refunded. If you’re considering this, it would be advantageous for you to investigate which terms and conditions apply to the airline’s vouchers, including what security you have if the airline goes bankrupt.
The airline will not be liable for other expenses you may have incurred from separate bookings, such as hotel/accommodation, rental car, etc. You should consult your travel insurance if you have one.
Have you booked a package trip?
Have you booked your flight through a ticket provider?
The airline may direct you to the travel agency or third-party provider through which you made your booking and it can be a good idea to start your complaint there.
However, in accordance with EU 261 it is the airline that is obliged to refund your ticket.
If the travel agency or third-party provider doesn’t pay the refund you must then submit your claim to the obliged party – the airline.
You need to be able to document your contact with the airline if you want to submit a claim. You must give the airline 6 weeks to respond to our inquiry.
Have you booked through a company that doesn't offer refunds?
The airline companies are obliged to refund your flight ticket if you request it. Therefore, a practice of only offering vouchers is not in accordance with the regulations applicable in this field.
Several airlines have begun to take action to make vouchers more attractive. Thus, it may be that an airline offers you a compensation amount, such as a bonus or gift voucher, in addition to the value of the flight ticket, in order to make you accept the voucher. The airline is legally allowed to do this. If you’re considering this, it would be advantageous for you to investigate which terms and conditions apply to the airline’s vouchers, including what security you have if the airline goes bankrupt.
If you do not wish to receive a voucher, you must notify the airline that you want the flight ticket refunded in full. If the airline refuses to refund the flight ticket, you can file a complaint with the Danish Transport, Construction and Housing Authority.
Have you accepted a voucher without knowing your rights for a refund
Can you reimburse other expenses you have ordered separately?
Can you get compensation for delays, denied boarding or other inconveniences due to COVID-19?
Can't get in touch with the airline?
If the airline does not respond to your inquiry within six weeks, you can file a complaint to the Danish Transport, Construction and Housing Authority. Please note that the Danish Transport, Construction and Housing Authority can only deal with complaints if the cancelled flight was scheduled to depart:
- From a Danish airport or
- From an airport in a non-EU/non-EEA country directly to a Danish airport with an airline registered in the EU
As a result of the corona crisis and the many cancelled flights, airlines are currently receiving many inquiries, and many airlines have been forced to lay-off their staff. Therefore, it may take longer than under normal circumstances for the airline to respond to your inquiry. We recommend that you arm yourself with patience.
How long can it take for you to receive your refund?
However, there are currently many airlines receiving many inquiries, and many of these airlines have been forced to lay-off their staff. Therefore, it may take longer than under normal circumstances for the airline to respond to your inquiry. We recommend that you arm yourself with patience.
What if the airline goes bankrupt
If the airline goes bankrupt, you must file your claim to the bankruptcy estate, whether it is a claim for a due refund or a claim for cash conversion of a voucher.
You will also have the opportunity to have your plane tickets covered by the Travel Guarantee Fund, if the departure was scheduled to/from a Danish airport. However, this does not apply to domestic flights. There will be a deductible of DKK 1,000. The fund does not cover vouchers in the event of bankruptcy.
If you have purchased your ticket with a Mastercard or Visacard you can contact your bank in order to apply for a refund. Note that this does not apply to a Danish “Dankort”
What if the airline does not cancel the flight?
Some taxes and fees are only charged if you use the airline ticket, and under such circumstances you have the right to have them reimbursed. These are typically taxes and fees paid to the government and the airport. Please note that the seller has the right to charge a fee of DKK 100 per airline ticket when you request a refund for taxes and fees.
Is the company/ticket provider allowed to charge a fee in connection with refunding our tickets?
When can we expect to get an answer if we submit a complaint to the Danish Transport, Construction and Housing Authority?
The Danish Transport, Construction and Housing Authority's case processing time is currently higher than usual, between three to six months.
As a part of the Danish Transport, Construction and Housing Authority's case management process, the individual complaints must be submitted to the airlines in order for them to respond to the claim.
The Danish TCHA is aware that the airlines are currently severely affected by the corona crisis and that, among other things, lay-off of staff has led to longer case processing times for the airlines. Therefore, the Danish TCHA is currently discussing with the airlines how the complaints can be dealt with as quickly as possible.
Following the current special circumstances, we recommend that you’re patient regarding the processing of your case.
Where do I file my complaint to TCHA?
Please note that the Danish Transport, Construction and Housing Authority can only accept complaints where the relevant cancellation departs
- From a Danish airport or
- From an airport in a non-EU/non-EEA country directly to a Danish airport with an airline registered in the EU
What does the Danish Transport, Construction and Housing Authority do with my complaint?
The Compliant Form
What is the difference between ”compensation” and “a refund of expenses”?
Compensation is a fixed amount for the inconvenience that you experience during a delay, cancellation or denied boarding incident. For more information, see question 2.
A refund of expenses is a reimbursement of documented expenses that you incurred due to the delay/cancellation/denied boarding incident. For more information, see question 3.
It is possible to claim both compensation and a refund of expenses. However, your claim must first be presented to the air carrier and you must present documentation for the expenses incurred (for instance by presenting itemized receipts). Please note that bank statements are not accepted. If the air carrier does not heed your claim, you can subsequently forward a complaint to the Danish Transport, Construction and Housing Authority or the national enforcement body in the country in which the incident took place.
When am I entitled to compensation?
If your flight is delayed by three hours or more in arrival at your final destination, or if your flight has been cancelled, you may be entitled to compensation.
If you are notified about the cancellation more than 14 days before departure, you are not entitled to compensation.
If you are notified about the cancellation less than 14 days before departure and you are offered rerouting, the question of compensation depends on when you depart, and when you arrive at your final destination.
When am I entitled to a refund, and what can be refunded?
When your departure is delayed between 2-4 hours depending on the length of the flight, you have a right to care. If you were not offered refreshments (snacks, beverages and/or meals) or vouchers while you were waiting, you are able to claim a refund of reasonable expenses pertaining to this from the air carrier. Please note that expenses relating to alcoholic beverages are not refunded.
If you were not offered accommodation, including transport to and from the accommodation, you can claim reasonable expenses pertaining to this from the air carrier. Remember to forward a copy of your itemized receipts documenting your expenses to the air carrier.
The right to care, and a refund of expenses, depends on the circumstances in each case, and the expenses must be reasonable.
What is the air carrier not obligated to refund?
Can I forward a complaint on behalf of other passengers?
How do I fill out a power of attorney?
Why does the complaint form “throw me out”, when I try to fill it out?
Regulation [EC] 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91
List of member states, organisations and contact details
Why is the Danish Transport, Construction and Housing Authority unable to handle my complaint when the incident took place in another EU country?
Does the Regulation apply for flights from Greenland, the Faroe Islands and Gibraltar?
Do I qualify for compensation, if I miss my connecting flight, because my first flight was late?
What should I be aware of when purchasing a ticket via an online agency?
Read the conditions thoroughly before you accept the purchase, so you know what to do in case of unexpected changes or incidents in connection with the flight. Furthermore, when you purchase a ticket for more than one flight, you must note whether you have purchased a continuous ticket – meaning that the same booking number is on all your flights. If this is not the case, the air carrier’s obligations are limited in relation to the flights that you have booked.
The handling of your compliant
How long is the handling time?
What is the role/function of the Danish Transport, Construction and Housing Authority?
What does the Danish Transport, Construction and Housing Authority do with my complaint?
Are there any costs related to having my case handled by the Danish Transport, Construction and Housing Authority?
What is the difference between the Danish Transport, Construction and Housing Authority and a private legal aid company?
Where can I complain if the Danish Transport, Construction and Housing Authority cannot handle my complaint, as the complaint does not relate to Regulation (EC) 261/2004 concerning passenger rights?
Where do I complain, if the incident took place in another EU country?
How do I locate contact information for other enforcement bodies in the EU?
Compensation
How do you calculate the compensation amount?
If you are entitled to compensation, the amounts are:
- EUR 250 for flights under 1500 km
- EUR 400 for flights between 1500 and 3500 km
- EUR 400 for flights over 1500 and within the EU*, and
- EUR 600 for flights of 3500 km or more and outside the EU.
* Note that while the distance for flights to the Canary Islands and the Azores surpasses 3500 km, the compensation is still EUR 400 as they are both within the EU.
Is it true that the air carrier can reduce the compensation by 50%?
In some cases, the air carrier may reduce your compensation by 50% depending on the distance you travelled and on the time of arrival at your destination. This is applicable in situations where you are rerouted, and you arrive at your destination two hours later than originally scheduled for flights up to 1500 km.
It is also applicable in situations where the flight is more than 3500 km and you arrive at your destination more than three hours after the scheduled time of arrival but less than four hours. In these cases, air carriers are allowed to reduce the compensation by 50 percent.
Which conditions must be met before I am entitled to compensation?
- You must have a confirmed reservation for the flight in question.
- You must be present at check-in and boarding as instructed by the air carrier operating out the flight.
The air carrier is not obligated to compensate passengers in cases where the delay is caused by extraordinary circumstances, which could not have been avoided.
What does final destination mean?
Can the air carrier subtract compensation paid to me by the tour operator due to the delay?
Are children under the age of two entitled to compensation?
In case of delay, when am I entitled to compensation?
What are my rights if my flight is cancelled?
You may be entitled to compensation if you receive information regarding the cancellation less than 14 days before departure, unless the reason for the cancellation is extraordinary circumstances. In connection with a cancellation, you must be offered the choice of a refund of your original ticket price or be offered an alternative route to your final destination. If the air carrier does not offer an alternative flight or an alternative flight within a reasonable timeframe, and you buy new tickets yourself, you may be entitled to a refund of expenses connected with this purchase.