Below you will find the most frequently asked questions regarding air passenger rights.
The complaint 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?
The air carrier is typically not obligated to refund expenses booked independently of your flight such as loss of accommodation at the destination, car rental and other tourist related expenses and consequential losses. If you purchased a package tour, we recommend that you contact your travel agent concerning your claim, as there is other regulation regarding package tours. Read more about your complaint options at the website of the Danish package tour complaints board pakkerejseankenævnets hjemmeside, or at a similar site in your own country.
Can I forward a complaint on behalf of other passengers?
Yes. You can submit a joint complaint on behalf of the people you live with, without the need for a power of attorney. If you wish to submit a joint complaint with travel companions, who do not reside at the same address as you, they must fill out a power of attorney. Similarly, when submitting a complaint on behalf of passengers under the age of 18, who do not reside at the same address as you, a legal guardian must sign a power of attorney on their behalf.
How do I fill out a power of attorney?
You can find a power of attorney template when you start your complaint at our website https://klage.flypassager.dk/en
Why does the complaint form “throw me out”, when I try to fill it out?
Disregarding localized internet errors, the reason may be that the complaint cannot be handled by the Danish Transport, Construction and Housing Authority as the flight is under the jurisdiction of another national enforcement body. If the incident took place in another EU country, the complaint must be forwarded to the relevant authority in that country – you can access their contact information here
Why is the Danish Transport, Construction and Housing Authority unable to handle my complaint when the incident took place in another EU country?
The Danish Transport, Construction and Housing Authority can only handle complaints that concern flights from Denmark and flights directly to Denmark, from a country outside of the European Union, when the air carrier is an EU carrier.
Does the Regulation apply for flights from Greenland, the Faroe Islands and Gibraltar?
Regulation (EC) 261/2004 does not apply to flights departing from Greenland, the Faroe Islands and Gibraltar, in cases where a non-EU air carrier, carries out the flight.
Do I qualify for compensation, if I miss my connecting flight, because my first flight was late?
This depends on whether or not you have purchased a continuous ticket, which means that your entire trip, with more than one flight has only one booking number. If this is the case, you may be entitled to compensation. If this is not the case, and your flights were booked separately – with separate booking numbers, the air carrier’s obligations are limited to the flight in question.
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 complaint
How long is the handling time?
Our handling time is typically between 1-3 months. Some cases may take longer than that, due to the need for further documentation and information from either party in the case. When we make our decision, it will be forwarded to both parties in the case.
What is the role/function of the Danish Transport, Construction and Housing Authority?
The Danish Transport, Construction and Housing Authority is the national enforcement body in Denmark designated to enforce the obligations of air carriers in relation to Regulation (EC) 261/2004 regarding passenger rights in connection with long delays, cancellations and denied boarding. We make individual decisions in each case that are binding for the air carrier and passenger.
What does the Danish Transport, Construction and Housing Authority do with my complaint?
When handling your complaint, the information that you send us will be forwarded to the air carrier along with a request concerning comments and documentation relating to the incident. Our aeronautical, operational and legal experts will subsequently evaluate their comments and documentation along with the information supplied by you. This evaluation forms the basis of our decision. If the air carrier does not comply with our decision within the deadline, the case will be reported to the police.
Are there any costs related to having my case handled by the Danish Transport, Construction and Housing Authority?
No. There are no costs related with having a complaint 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?
The Danish Transport, Construction and Housing Authority is the authority in Denmark, designated to enforce that air carriers discharge their obligations in relation to the EU Regulation concerning passenger rights. We make individual decisions that are binding for the air carrier. There are no costs related to lodging a complaint with the Danish Transport, Construction and Housing Authority, regardless whether we find in your favour or not. A legal aid company cannot decide the case for you, and you are often required to pay a percentage of the refund and compensation you are entitled to, to the 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?
If you have bought a package tour, your complaint can be handled by the Danish package tour complaints board https://www.pakkerejseankenaevnet.dk/forside/, or a similar board in other countries, if comparable legislation is in place. Furthermore, the European Consumer Centre can advise you regarding other complaint avenues.
Where do I complain, if the incident took place in another EU country?
You complain to the national enforcement body in the country where the incident took place. If the incident did not take place in an EU country, and you are travelling from a non-EU country to an EU country on an EU carrier, you must lodge a complaint with the enforcement body in the country of your arrival.
How do I locate contact information for other enforcement bodies in the EU?
See contact information for the national enforcement bodies in the various EU-countries
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?
The final destination is the airport where you arrive after your last flight, according to the information on your ticket. However, please note that for this to apply; you must have purchased a continuous ticket, i.e. a ticket where the flights are under one booking number, and where you can check in for all your flights at the airport of your departure.
Can the air carrier subtract compensation paid to me by the tour operator due to the delay?
The air carrier is entitled to subtract compensation that you receive from your tour operator for loss of vacation days at your destination, in connection with a delay on an outgoing flight.
Are children under the age of two entitled to compensation?
If a passenger has a confirmed reservation and has presented themselves for check-in and boarding on time, Regulation (EC) 261/2004 concerning passenger rights applies. A child under the age of two is therefore entitled to compensation on an equal basis with other passengers, if an infant fee has been paid.
In case of delay, when am I entitled to compensation?
You are entitled to compensation if the delay in arrival at your final destination is more than three hours, unless the delay is caused by extraordinary circumstances, which could not have been avoided, for instance weather, strike, security restrictions, bird strike or air traffic control restrictions.
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.
What are extraordinary circumstances where the air carrier is not obligated to pay compensation?
If the cause of the cancellation or delay is outside the control of the air carrier, and the air carrier could not have avoided the delay/cancellation within reasonable means, the air carrier is typically not obligated to pay compensation. Extraordinary circumstances include, weather, strike, security restrictions, bird strike and air traffic control restrictions.
Is the air carrier obligated to adhere to the decisions made by the Danish Transport, Construction and Housing Authority?
The decisions made by the Danish Transport, Construction and Housing Authority are binding, which means that it is not possible to appeal the decision to other authorities. The parties may however try their case in a civilian court. If the air carrier does not adhere to the decision within the deadline, the Danish Transport, Construction and Housing Authority can report the air carrier to the police.
What happens after the case has been reported to the police?
The prosecution may start criminal proceedings against the air carrier which may lead to the air carrier being imposed a fine.
The fine is significantly higher than the compensation the air carrier was directed to pay in the decision made by the Danish Transport, Construction and Housing Authority, however the fine will be awarded to the Danish state not the passengers in the complaint.