Strict European rules apply to travel. You claim compensation directly from the carrier or the travel agency. They usually will not offer it on their own, so many people get nothing even though they have a claim.
Plane
The flight arrived more than three hours late. You may be entitled to compensation of 250 to 600 euros depending on the length of the flight, if the delay was not caused by an extraordinary circumstance, such as weather in which it is not possible to fly. This applies to flights from the EU and to flights to the EU with a European airline (Regulation 261/2004 as interpreted by the Court of Justice of the EU, the Sturgeon judgment). The airline must prove the extraordinary circumstance, not you.
The flight was cancelled less than two weeks before departure. Besides a refund or a replacement flight, you may also be entitled to the same compensation as for a delay. This does not apply if the airline offered you a replacement flight at a similar time, or if an extraordinary circumstance caused the cancellation (Article 5 of Regulation 261/2004).
The flight was oversold and you were not allowed on board. The airline must first look for volunteers. If it then denies you boarding against your will, it owes you compensation immediately.
"If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Articles 8 and 9."
Article 4(3) of Regulation (EC) No 261/2004
You receive the same amount as for a cancelled flight, a choice between a refund and a replacement flight, and, while you wait, meals, refreshments and, if needed, accommodation.
You bought business and flew economy. If the airline moves you to a lower class, it must return part of the ticket price within seven days: 30% for flights of up to 1,500 km, 50% for longer flights within the EU and for other flights of up to 3,500 km, 75% for the others (Article 10(2)).
The suitcase arrived damaged or late. Report the damage to the airline in writing within 7 days of receiving the suitcase, and the delay within 21 days of the day they handed it over to you (Article 31 of the Montreal Convention). Best right at the airport, where you draw up a report.
Train
The train arrived an hour late. From 60 minutes you are entitled to compensation of a quarter of the ticket price, from 120 minutes of half (Article 19 of Regulation 2021/782). According to the Rail Authority (Drážní úřad), this applies in the Czech Republic to all domestic services. It does not apply if you already knew about the delay when you bought the ticket, or if circumstances outside the railway caused it, for example extreme weather.
The train stands for an hour and nobody has offered you anything. For a delay of 60 minutes or more, the railway must offer you meals and refreshments free of charge, proportionate to the waiting time, if they are available on the train or at the station. If you have to stay overnight because of the delay, the railway must also arrange accommodation (Article 20(2)).
The delay means the journey no longer makes sense. When it is clear that you will arrive at the destination 60 minutes or more late, you can choose: a refund of the full ticket price, or continuation on a replacement service at the earliest opportunity or later, as you prefer. The rerouting must not cost you anything extra (Article 18(1) and (2)).
Package holiday with a travel agency
The hotel on the package holiday does not match what you bought. Notify the travel agency of the defect on the spot and give it a reasonable time to put it right. If it does not remove the defect, you can remove it yourself and claim reimbursement of the necessary costs (Section 2537 of the Civil Code). For the days with the defect you are also entitled to a reasonable discount (Section 2540). Photograph the defect and have the representative confirm that you reported it.
The holiday was spoilt. If the travel agency breaches its duties, it compensates you, besides the damage, also for the harm caused by disruption of the holiday, especially if the package holiday was frustrated or substantially shortened (Section 2543 of the Civil Code).
The travel agency raised the price of the package holiday by more than 8%. A price increase after the contract is signed is possible only for reasons the law lists, for example fuel or the exchange rate, and only if the contract says so (Section 2530 of the Civil Code). If the increase is higher than 8%, you can refuse it and withdraw from the contract without a cancellation fee (Section 2531(2)). The travel agency must then return your money within 14 days (Section 2534 of the Civil Code).
The travel agency cancelled the package holiday. It must return everything you paid, at the latest within 14 days (Section 2536 and Section 2536a of the Civil Code). You do not have to accept a voucher instead of money.
Something serious happened at the destination. If unavoidable and extraordinary circumstances arise at the place of stay or nearby that significantly affect the package holiday, you can withdraw before departure without a cancellation fee and claim a refund of all payments (Section 2535 of the Civil Code).
When you have no claim
- The flight was delayed because of weather in which it was not possible to fly. Financial compensation is not paid, but the right to meals and refreshments during a longer wait remains.
- You already knew about the train delay when you bought the ticket.
- You cancelled the package holiday yourself without a serious reason. The travel agency may then demand a reasonable cancellation fee (Section 2533 of the Civil Code).
What to do next
Does the airline, the railway or the travel agency owe you compensation? Describe your situation to Legamik and Legamik will prepare a request for you citing the specific provisions. It will calculate the amount for you itself and keep an eye on the deadlines. You send the letter yourself.
Legamik is not a law firm and does not provide legal advice. In the case of complex disputes we recommend consulting a lawyer.