Lufthansa: delayed, cancelled flight — your rights

Was your Lufthansa flight delayed, cancelled, diverted, or did you miss a connection in Frankfurt or Munich? Unlike many carriers serving Africa, Lufthansa is an European Union airline: EU Regulation 261/2004 can therefore entitle you to compensation of up to €600 per passenger, whether your flight departs the EU or arrives there from a third country.

Lufthansa is one of the main gateways between Africa and Europe via its Frankfurt hub, notably for routes to Accra, Lagos, Nairobi or Johannesburg. On a single booking combining an Africa → Frankfurt flight followed by Frankfurt → another European city, it is the total distance of the journey that determines the amount of compensation, not just the delayed leg.

Lufthansa: am I entitled to compensation?

Unlike a non-European carrier, Lufthansa does not need to depart from the EU to open your rights: this is one of the points that most distinguishes its case from other airlines serving Africa.

Lufthansa in brief

• Country of registration: Germany, member of the European Union
• Main hubs: Frankfurt (FRA) and Munich (MUC)
• Alliance: Star Alliance, of which Lufthansa is one of the founding members
• Status under EU Regulation 261/2004: EU carrier, covered in both directions of travel

Why Lufthansa is a special case for passengers coming from Africa

Most of the major carriers serving Africa from Europe (Ethiopian Airlines, Kenya Airways, Royal Air Maroc, among others) are not European Union airlines: their flights are only covered by EU261 if they depart from an EU airport. Lufthansa works differently: being a German, and therefore European, carrier, its flights are covered regardless of the direction of travel, including a Lagos → Frankfurt or Nairobi → Munich flight that merely lands in the EU on arrival. This is an important, often overlooked, advantage for diaspora passengers, allowing a claim even on the return leg towards Europe.

Legal framework applicable to this flight

EU Regulation 261/2004 applies to every Lufthansa flight, whether departing the EU or arriving in the EU from a third country. It is in fact against Lufthansa that the Court of Justice of the European Union issued one of the founding rulings of this regulation: the Nelson ruling (CJEU, 2012), which confirmed that a delay of 3 hours or more on arrival opens the right to the fixed compensation, on the same footing as a cancellation.

Lufthansa refunds: ticket price vs compensation

Two different things are often confused. The ticket refund, with the option of re-routing, is owed by Lufthansa as soon as it cancels a flight. Where there is simply a delay of 5 hours or more, only the refund is available, and only if you give up the journey. The fixed compensation under EU261 (up to €600) is a separate right, which is added to the refund and does not depend on the ticket price, only on the distance and the direction of the flight. The two are cumulative whenever EU261 applies.

Lufthansa delayed flight

Yes, you may be entitled to up to €600 if your Lufthansa flight arrives at least 3 hours late, subject to the other conditions, whatever the direction of travel. The delay is measured on arrival (when the doors open), not at departure: €250 up to 1,500 km, €400 between 1,500 and 3,500 km, €600 beyond.

Lufthansa's excuses: valid or not

Valid excuses: extreme weather, airspace closure, air traffic control strikes, bird strike or debris on the runway. Even then, the airline must prove it took all reasonable measures to limit the delay.

Invalid excuses (compensation remains due if the flight is eligible): a technical fault on the aircraft, even an unforeseen one (Wallentin-Hermann and van der Lans rulings, CJEU), the aircraft running late on its previous rotation, understaffing or internal organisational problems.

Lufthansa cancelled flight

Yes, in principle, if Lufthansa cancels your flight and informs you less than 14 days before departure, you are entitled to the compensation per passenger, plus either a ticket refund OR re-routing, at your choice. These two rights are cumulative. A travel voucher only replaces a cash refund if you accept it: you can refuse it and insist on a bank transfer.

Missed connection with Lufthansa

Did Lufthansa cause you to miss your connection in Frankfurt or Munich? If your ticket is a single booking covering the whole journey, the delay is measured at your final destination, whichever leg caused it (Folkerts ruling, CJEU 2013). Frankfurt is one of the busiest hubs between Africa and Europe, which multiplies tight connections during peak season.

Be careful: if you bought two separate tickets rather than a single booking, the protection is far weaker, as each flight is assessed independently.

Lufthansa overbooking / denied boarding

Involuntary denied boarding (overbooking) opens the same rights as a cancellation, in both directions of travel for Lufthansa. Article 4 of the regulation requires the airline to first call for volunteers before denying boarding to anyone. If you are denied boarding against your will, you are entitled to the fixed compensation (up to €600), plus care and assistance and a refund or re-routing at your choice. Overbooking is never an extraordinary circumstance.

Strikes and Lufthansa flights

Generally, a strike by Lufthansa's own staff (pilots, cabin crew, ground staff) is not accepted as an extraordinary circumstance: this is what the CJEU held in the Krüsemann ruling, on the basis that an employer must anticipate this type of social risk. Lufthansa, regularly confronted with industrial action by its pilots and ground staff, has been at the origin of several disputes that clarified this case law. Compensation therefore remains due if the flight is eligible. Separately, and specific to this airline, it is also against Lufthansa that the CJEU issued the Nelson ruling, which locked in the rule that a 3-hour delay on arrival opens the right to compensation on the same footing as a cancellation — a distinct ruling from Krüsemann, but one that reinforces passenger protection on Lufthansa flights.

A strike by third parties outside Lufthansa (air traffic controllers, a national general strike) may, depending on the case, be recognised as an extraordinary circumstance, provided Lufthansa proves it took all reasonable measures to limit the impact.

How to contact Lufthansa about a claim

Lufthansa handles direct claims slowly. Before writing yourself, keep your boarding pass, your e-ticket and any delay or cancellation notification: these are the documents that make the difference if the airline refuses or stays silent for a long time.

How long do you have to claim?

5 years before the French courts (art. 2224 of the French Civil Code) for the EU261 compensation, whichever of the situations above applies. A Lufthansa flight disrupted two or three years ago can still be claimed today.

Sources and references

• Regulation (EC) No 261/2004 — article 7 (compensation), article 8 (refund/re-routing), article 9 (right to care)
• CJEU, Nelson v Lufthansa ruling (C-581/10 and C-629/10) — the 3-hour rule locked in
• Lufthansa delayed flight: routes from Africa via Frankfurt in detail

How to claim with Robin des Airs

A specialist in the Africa-Europe corridors, Robin des Airs checks the eligibility of your Lufthansa flight (direction, distance, cause of the delay), builds the file, sends the claim and challenges refusals. Nothing to pay if nothing is recovered. You receive 75% of the sums recovered at the amicable stage, and 60% if the airline forces us to go to court.

→ File my Lufthansa claim in 2 min