Passenger rights

Dear passenger,

If your flight has been canceled or significantly delayed, or you have been denied transportation on a flight for which you have a confirmed booking, you have rights under EU Regulation 261/2004, which came into force on 02/17/2005. The airline operating the flight on which the flight disruption occurred is responsible for granting your rights.

The regulation applies:

to passengers taking a flight in an EU Member State or from a third country with an EU airline to an EU country, provided that the passengers have not received any compensation, reimbursement, or assistance in that third country,

• only if you have a confirmed booking for the flight in question,
• only if you have presented yourself at check-in (except where there has been a flight cancellation) at the specified time or, if no time was specified, no later than 45 minutes before the published departure time,
• only if you are traveling on a fare which is publicly available.

According to EU Regulation 261/04, delays are deemed to have occurred if the departure is delayed by 4 hours compared to the scheduled departure time for flights over 3,500 km, by 3 hours for flights between 1,500 and 3,500 km, and for flights over 1,500 km within the EU, and by 2 hours for flights up to 1,500 km. If it is foreseeable that your flight will be subject to a significant delay, you have the right to obtain assistance from the airline.

This assistance includes: Meals in reasonable ratio to the waiting time, hotel accommodation if necessary, including transfer costs and the opportunity to make two short telephone calls, faxes or emails. The airline does not need to provide you with assistance if this would delay your departure even further. In the event of delays of over 5 hours, you have the right to a refund of the cost of the ticket for any part of the journey not made within seven days, or for any part of the journey already made if the purpose of the journey was not accomplished as a result of the delay and, if necessary, return transportation to the point of departure at the earliest possible time.

You have the right to compensation if your arrival at the destination airport is delayed by over 3 hours and the delay is not due to extraordinary circumstances that could not have been avoided had all reasonable measures been taken, for example poor weather conditions, political instability, strikes, security risks or unexpected flight safety defects.

If due to overbooking, you are involuntarily denied boarding on the booked flight, you have the right to assistance from the airline as listed above under “Delays”. You will also be offered alternative transportation to your booked flight’s final destination. This will be at the earliest possible time and under comparable conditions.

Subject to availability, you may instead travel to your final destination at a later date of your choosing, in which case you will be responsible for your own accommodations, hotel and transfer costs.

If you have been involuntarily or voluntarily denied boarding, you have the right to an alternative flight, or to a refund and compensation, which can also be done by check or transfer, or, with your consent, in the form of a Gift Card. The amount of this payment depends on the distance of the planned flight route and the alternative transportation you are offered: For flight distances of up to 1,500 km, the compensation is €250, between 1,500 and 3,500 km, and for intra-European flights over 1,500 km, it is €400 and over 3,500 km, it is €600. The distance shall be calculated based on the last destination where the passenger arrives later than the scheduled time of arrival as a result of denied boarding or cancelation.

If you are offered an alternative flight with an arrival time of no later than 2 hours for flights of up to 1,500 km, of no later than 3 hours for flights between 1,500 and 3,500 km, and for all flights over 3,500 km no later than 4 hours after the scheduled arrival time of the originally booked flight, the compensation payment is only 50% of the above-mentioned payment amounts, i.e. €125, € 200 or €300.

You are not entitled to the assistance described above if you are denied boarding due to your own fault, for health and safety reasons, or due to missing or inadequate travel documents.

If the flight on which you had a confirmed booking has been canceled, you also have the same rights to alternative transportation, assistance, refund and compensation as listed above.

However, you are not entitled to compensation under the EU Regulation if the incident is due to extraordinary circumstances that could not have been avoided had all reasonable measures been taken. For example, bad weather conditions, political instability, strikes, security risks or unexpected flight safety defects.

Similarly, there is no right to compensation if:

• you were informed of the cancelation at least 14 days prior to departure
• you were informed of about the cancelation between 14 days and 7 days before departure and where departure was no more than 2 hours before the original departure time, or the arrival was no more than 4 hours after the scheduled arrival time
• you were informed of the cancellation less than 7 days before departure and departure no more than 1 hour before the original departure time or the arrival was no later than 2 hours after the scheduled arrival time.

If you are affected by being downgraded to a lower fare class, you have the right to compensation within 7 days. The amount of this payment depends on the planned flight distance and the paid airfare per segment; for flight distances of up to 1,500 km, the compensation is 30% of the paid airfare per segment between 1,500 and 3,500 km, and for intra-European flights over 1,500 km it is 50% of the paid airfare per segment and over 3,500 km is 75% of the paid airfare per segment. If you believe that you can assert claims against EW Discover GmbH based on the aforementioned terms and conditions, please use our ​contact form or send a letter to: EW Discover GmbH, Hugo-Eckener-Ring 1, FAC, Building 234, 60549 Frankfurt am Main.

You can find a list of the complaints offices responsible for ensuring passenger rights at Europa.eu.

If your trip was a private trip, you have the right to contact the neutral travel & traffic mediation system for flights in case of disputes.

This is possible where there are concerns in relation to a

• case of denied boarding, delayed transportation or canceled flights;
• the destruction, damage, loss or delayed transportation of luggage, or
• breaches of duty in the transportation of disabled and restricted mobility passengers
• breach of duty in the conclusion of contracts of carriage

if,

• you have already contacted Discover Airlines with your issue and you have not received a response within two months, or
• you do not agree to Discover Airlines processing your request or fulfilling your claims.
• Your issue is not already pending before a court or was pending or has been settled in a settlement.
• Your trip is a private trip.

If you would like to view passenger rights in Spanish, please open the following PDF: