Luftfahrt-Bundesamt

Air Passengers Rights in case of denied boarding, cancellation and long delay of flight

The rules of Regulation (EC) No 261/2004 refer both to scheduled and to non-scheduled flights including flights within the framework of package tours.

Body responsible for complaints and enforcement in Germany

The LBA, Federal Aviation Office, is the competent authority for the implementation of Regulation (EC) No 261/2004 in Germany. Under this task the LBA analyses on the basis of the complaints the individual air carriers’ policies.

In the first instance, the LBA, Federal Aviation Office, will investigate your complaint and initially evaluate whether there is an infringement of Regulation (EC) No 261/2004. Where there is no apparent infringement or the LBA is not the competent enforcement body you will be informed accordingly as soon as possible.

However, if the possibility of infringements of Regulation (EC) No 261/2004 exists, the LBA, Federal Aviation Office, causes the air carriers to eliminate systematic infringements of the EC Regulation. If necessary, sanctions will be imposed consisting of fines. The aim is to ensure proper implementation of the consumer protection regulation according to EC law in Germany and to reduce the causes for passenger complaints.

The LBA, Federal Aviation Office, is not in a position to enforce your possible claims legally. You can only assert your claims according to the procedures provided for in the respective applicable law.

Forms of the Luftfahrt-Bundesamt, on Regulation(EC) No 261/2004

If you need initial information, the aviation safety hotline of the Luftfahrt-Bundesamt will be at your disposal from Monday to Thursday from 10:00 a. m. to 13:00 p. m., phone: + 49 (0) 531 2355 115.


Activities of claim agencies

The Luftfahrt-Bundesamt draws the attention of passengers who wish to lodge a complaint with regard to Regulation (EC) No 261/2004 to the following: In order to assert claims under civil law, passengers concerned should first seek to contact the operating air carrier directly. If the air carrier's response is not satisfactory for the passengers concerned, the Luftfahrt-Bundesamt expressly recommends that they use the conciliation procedure, which is in principle free of charge for consumers, with the designated conciliation bodies in air transport (SÖP - Schlichtungsstelle für den öffentlichen Personenverkehr or Federal Office of Justice) to enforce their civil claims.

Affected passengers may also use third parties, including claim agencies, to enforce their outstanding debits. However, these companies usually charge consumers a fee for this service, which often represents a considerable part of the compensation sought, whereas, as already mentioned, the conciliation bodies in air transport generally act free of charge for the passenger.

In this context, the European Commission has published information for passengers on the subject under the link https://ec.europa.eu/transport/sites/transport/files/2017-03-09-information-note-air-passenger-rights-on-claim-agencies_en.pdf
to assist them in deciding whether to engage a claim agency.

This publication contains the following key recommendations with regard to the selection of a claim agency:

  • Claim agencies must clearly display the price of their services, i.e. indicate on their website an initial price that includes all applicable fees.
  • Claim agencies must be able to provide a clear power of attorney signed by the consumer.
  • Claim agencies should not resort to persistent unsolicited telemarketing.
  • Personal data should not be transferred to claim agencies without the consumer's permission and must be adequately protected.

Additional Information

Contact

Customer and Citizen Services
Postal address:
Luftfahrt-Bundesamt
Customer and Citizen Services
D-38144 Braunschweig

Hotline:
Monday to Thursday from 10:00 a.m. to 13:00 p.m.

Phone: +49 531 2355 115
Fax: +49 531 2355 2599

email: fluggastrechte@lba.de

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