Questions and answers: passenger rights

Complaint/report filing

• How do I file a complaint?

  You can file out a complaint online using the form on our website.

  We will need a copy of your correspondence with the airline. If you have not yet contacted the airline directly, you should do so first, explaining the problem to them (preferably in writing). If you are dissatisfied with the answer, of if the airline fails to answer within six weeks, you can file a report with us.

  If you want to file a complaint with FOCA, you should fill out the form completely, print it out and sign it. You should then send us the form, including all required documents (a copy of your identification, travel confirmation and your correspondence with the airline). You can file the form by the ordinary post or by e-mail.

• What happens once I have submitted a report?

  We will start by asking the airline for their position on the question. Based on their reply, we will consider whether there are grounds for opening criminal administrative proceedings. Passengers are not parties to these proceedings, nor are they otherwise involved in them. No costs are incurred for passengers by these proceedings.

• How long will it take to process my complaint?

  The time taken to process complaints varies considerably, depending on the number of cases and their complexity. You will always get a reply on the outcome of the procedure, whether it be to dismiss the case or to impose a fine. 

• How do I get my money?

  FOCA does not have the authority to handle concrete demands for compensation. If you file a complaint with us, the airline may decide to offer you compensation. Otherwise, you will have to resort to the civil courts.

• What can I do if the airline refuses to answer my inquiry?

  The airline has six weeks to give you an answer. If they fail to do so, you can file your complaint directly with us.

• What is FOCA’s position on debt collection or claims agencies in these cases?

  We recommend contacting the national body responsible for enforcement of the rules (FOCA for Switzerland) or one of the European mediation bodies for passenger rights. You should be aware that the European Commission has issued an “Information Notice to Air Passengers” in connection with dubious practices by some claims agencies. You can read the notice at the link below: https://ec.europa.eu/transport/sites/transport/files/2017-03-09-information-note-air-passenger-rights-on-claim-agencies_en.pdf

  ---

  Hinweis zu Inkassobüros / Claim Agencies

  Europaweit wurden verschiedentlich gravierende Missbräuche von einzelnen Inkassobüros / Claim Agencies festgestellt. Damit solche Missbräuche verhindert und Passagiere geschützt werden können, verlangt das BAZL bei Anzeigen durch Claim Agencies zusätzliche Dokumente. 

  Das BAZL weist darauf hin, dass Passagiere direkt und ohne Vertretung eine Anzeige via unser Onlineformular einreichen können.

  Weitere Informationen zur Bearbeitung von Anzeigen, die von Inkassobüros (sogenannten Claim Agencies) eingereicht werden. 

---

Scope of Regulation (EC) No 261/2004

• For which flights are passenger rights protected?

  Regulation (EC) No 261/2004 sets out the rights of passengers throughout all the Member States of the European Union. It also applies to Switzerland, Norway, and Iceland, which have adopted the Regulation. Any mention of the EU in this connection should therefore be understood as including Switzerland, Norway and Iceland.

  Passenger rights apply to any flight that

  • originates at an EU airport,
  • originates in a “third country” (non-EU) and has its destination in the EU, and is operated by an EU airline.

  Important: if your flight originates outside the EU and is operated by a non-EU airline, Regulation (EC) No 261/2004 does not apply.

  FOCA is responsible for all cases where the flight originates in Switzerland, or where the flight originates in a non-EU country and its first point of landing is in Switzerland.

  All other flights are the responsibility of the “national enforcement body”. As a general principle, responsibility rests with the body from the country of origin of the flight.

  If your flight does not fall within FOCA’s responsibility, you can contact the national enforcement body of the country in question directly, or you can send your complete file to FOCA. We will forward it to the appropriate authorities.

• What kinds of cases are not covered by Regulation (EC) No 261/2004?

  Here are some situations where the Regulation does not apply (non-exhaustive list):

  • The flight originates outside the EU (including Iceland, Norway and Switzerland) and is not operated by an EU airline (including Iceland, Norway and Switzerland).
  • The passenger does not have a confirmed flight reservation.
  • The passenger failed to report to the check-in counter or to the gate in accordance with prior written instructions (including electronic messages) provided by the airline, tour operator or authorized travel agent.
  • The passenger was prevented from travelling for reasons of health, safety or security, or inadequate travel documentation.

• What are my rights under the Regulation if I cancel my travel myself?

  Regulation (EC) No 261/2004 does not cover cases where passengers cancel their own travel.

  Any claims for compensation from the airline in connection with a passenger-cancelled flight, in particular for recovery of taxes and fees, must be pursued privately. FOCA does not deal with such claims.

  FOCA is also not authorized to assess the appropriateness of any processing fees charged.

  Regulation (EC) No 261/2004 does not cover the reimbursement of taxes and fees, or the conditions under which reimbursement may be denied.

• Am I entitled to compensation in the event of a delay?

  The Regulation does not provide for mandatory compensation in the event of a delay. However, the European Court of Justice has ruled that, for delays in arrival at the destination of more than three hours, there may be an entitlement to compensation.

  Under Art. 1, paragraph 2 of the Agreement on Air Transport between Switzerland and the EU, EU legislation on civil aviation that has been adopted by Switzerland is to be interpreted in line with the jurisprudence of the Court of Justice of the European Communities prior to 21 June 1999. Any subsequent rulings or decisions of the Court are communicated to Switzerland by the European Commission as part of the Joint Committee process. These subsequent rulings and decisions can provide guidance to the Swiss federal authorities and courts for interpreting EU aviation law, but they are not automatically binding. The independence of Swiss jurisdiction is therefore not affected. 

  For delays (and cancellation or denied boarding) passengers are entitled to certain services such as meals, refreshment and hotel accommodations.

  More information on long delays

• What is denied boarding under the Regulation?

  Under Regulation (EC) No 261/2004, denied boarding means a refusal without reasonable grounds to carry a passenger on a flight, even though he or she has properly presented themselves for boarding.

  Reasonable grounds can include the presence of infectious diseases, inadequate travel documentation, and safety or security issues.

  A passenger who reports to the check-in counter or the flight gate past the specified time cannot claim to have been denied boarding under Regulation (EC) No 261/2004.

• What is overbooking?

  Overbooking is one case in which denied boarding may occur (see above). Normally, the airline will first attempt to find travellers who are prepared to give up their place on the overbooked flight voluntarily, in exchange for compensation and other incentives under the conditions determined by the airline. If due to overbooking the airline denies boarding to some person other than such a volunteer, that person is entitled to compensation (amounting to 250 to 600 euros, depending on the flight distance).

---

Concrete examples

• My airline has changed the flight plan: instead of a direct flight, I am now booked for a flight involving a non-direct connection on the next day.

  Changes in flight plans generally lie outside the responsibility of FOCA (such changes are not covered by the Regulation). However, the Regulation may apply for other reasons. For example, the change may be the result, not of a change to the flight plan, but rather of an incident to which the Regulation does apply (e.g. the flight originally booked was cancelled and the airline rebooked the passenger onto a different flight.) For this reason we recommend filing the online report even if there is some doubt.

• My Swiss flight from Madrid to Zurich was cancelled. What kind of compensation should I demand?

  You have two possibilities:

  • You can cancel your planned travel. The airline must reimburse you the cost of the ticket for the unused portions of the trip.
  • The airline must offer you an alternative for completing your voyage at the earliest possible time, or at a later time that suits you better.

  In this case, since the flight originated in Madrid, the case does not fall within the responsibility of FOCA. We can give you the contact information for the Spanish enforcement body, or, if you send us the complete file, we can forward the case to them ourselves. 

• My flight from Las Vegas to Los Angeles was delayed, causing me to miss my connecting Swiss flight to Zurich. Does the Regulation cover this?

  No, because the flight in question took place in a non-EU country with a non-EU airline.

• What are my rights if I am unable to travel as planned due to bad weather (flight cancelled or greatly delayed)?

  Falls der Flug aus metereologischen Gründen nicht planmässig durchgeführt werden kann, hat der Passagier folgende Rechte:

  • Er kann auf den Flug verzichten und erhält die Ticketkosten zurückerstattet (Verspätung über 5 Stunden oder Annullation), oder er kann im Falle einer Annullation die von der Fluggesellschaft angebotene Alternativbeförderung unter vergleichbaren Bedingungen (entweder zum frühestmöglichen Zeitpunkt oder zu einem späteren Zeitpunkt, vorbehältlich freier Sitzplätze) wählen
  • Mahlzeiten und Erfrischungen in angemessenem Verhältnis zur Wartezeit
  • Falls notwendig Hotelübernachtung und Transport dorthin
  • Die Möglichkeit, kostenfrei 2 Telefongespräche zu führen oder kostenfreier Internetzugang
  • Wenn der Flug aus Sicherheitsgründen aufgrund der Wettersituation nicht durchgeführt werden kann, ist dies ein aussergewöhnlicher Umstand, aufgrund dessen die Fluggesellschaft keine Ausgleichsleistungen bezahlen muss

• My luggage was lost, or got damaged during the flight. What should I do?

  FOCA does not handle problems with luggage. You should take your claim to the airline. If you are dissatisfied with their handling of the case, you might consider involving your legal insurance provider. More information.

• The cancellation of my flight led to extra costs for me (e.g. loss of deposit for a car rental or hotel reservation). Can I claim reimbursement from the airline?

  We recommend reporting all costs and other claims to the airline, attaching all receipts if possible.

  The airline may make a discretionary reimbursement as a good-will gesture.

  FOCA is not able to assess the basis for such claims, as the Regulation does not make any provision for consequential costs that may arise. If the airline refuses to honour your claim, you can pursue the matter privately.