Delayed or cancelled flight — Switzerland: your compensation

Are You Entitled to Compensation? (The Applicable Framework from Switzerland)

Switzerland has formally adopted Regulation (EC) No 261/2004 — the same European law that governs passenger rights across the EU, Iceland, and Norway. The EU regulation 261/2004 applies comprehensively to all flights departing from or arriving at an airport within the European Union, the UK, Switzerland, Norway, and Iceland. This means Swiss airports (Zurich, Geneva, Basel-Mulhouse, Bern, etc.) are fully covered.

It also applies to travellers departing from a third country whose destination airport is in the EU, Switzerland, Norway or Iceland, if the flight is operated by an airline that has its principal place of business in the EU, Switzerland, Norway or Iceland.

In practice, you are covered if at least one of the following conditions is met:

• Your flight departs from a Swiss airport (any airline, any destination).
• Your flight arrives at a Swiss airport from outside the EU/EEA/Switzerland, and the operating airline is based in the EU, Switzerland, Norway or Iceland.
• You hold a confirmed booking (including free or discounted tickets) and checked in on time.

The regulation covers three types of disruption:

1. Flight delay of 3 hours or more at your final destination.
2. Flight cancellation notified less than 14 days before departure.
3. Denied boarding against your will (e.g. overbooking).

The enforcement authority in Switzerland is the Federal Office of Civil Aviation (FOCA / BAZL / OFAC). Passengers can address the National Enforcement Body — in Switzerland, FOCA — in cases where they have suffered from an infringement of Air Passenger Rights Regulation. Their official page is bazl.admin.ch/en/airpassengerrights.

Compensation Amounts by Flight Distance

Compensation is fixed and does not depend on your ticket price. It is owed per passenger. Amounts are per passenger: €250 / €400 / €600 depending on distance. The reduction rules and distance brackets are as follows:

Important: The threshold is 3 hours at the final destination, not at departure. If your connecting flight lands at your final destination less than 3 hours late, no compensation is owed even if the first leg was significantly delayed.

Right to Care (Always Applicable, Regardless of Compensation)

Care obligations are non-negotiable (meals, hotel, transport). While you wait, the airline must provide:

• Meals and refreshments proportionate to the waiting time.
• Two free telephone calls, emails, or faxes.
• Hotel accommodation and transport to/from the hotel (if an overnight stay becomes necessary).

These rights apply from a delay of 2 hours (short flights), 3 hours (medium), or 4 hours (long-haul), and are entirely separate from monetary compensation. You cannot be made to waive them.

Cancellation: Additional Rules

If your flight is cancelled, you are always entitled to choose between:

• A full refund of your ticket (within 7 days), or
• Re-routing to your final destination at the earliest opportunity or at a later date of your choosing.

Passengers are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival. In that specific scenario only, the airline may avoid paying the flat-rate monetary compensation.

Cases That Cancel Your Right to Compensation: Extraordinary Circumstances

An operating air carrier shall not be obliged to pay compensation if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. The burden of proof lies entirely with the airline, not with you.

Events that ARE generally accepted as extraordinary circumstances

• Severe weather: hurricanes, heavy fog, storms, blizzards, volcanic ash clouds (e.g. Eyjafjallajökull-type events).
• Air Traffic Control (ATC) decisions: airport closures, ATC strikes, runway closures.
• Third-party strikes: strikes by airport staff, ground handlers, or border force — not strikes by the airline's own crew.
• Security risks: terrorist threats, bomb alerts, political instability.
• Bird strike: a bird strike is considered an extraordinary circumstance; however, the carrier cannot justify further delay by conducting a second check once an authorised expert has found the aircraft airworthy.

Events that are NOT extraordinary circumstances (airline remains liable)

• Routine technical faults: "Technical issue" is not a valid excuse in 90% of cases. Standard mechanical problems inherent to aircraft operation do not exempt the airline.
• Airline staff strikes: a strike of the airline's crew is not considered an extraordinary circumstance.
• Crew scheduling problems or aircraft rotation issues.
• IT system failures internal to the airline.
• Overbooking (by definition, always the airline's fault).

Practical tip: If all other flights were able to leave on time, while your flight was delayed by 5 hours or more, you could have a claim for compensation even if the airline cites bad weather. Always challenge a blanket "extraordinary circumstances" refusal.

How to Claim: Step-by-Step

1. At the airport — immediately:
   • Ask the airline's desk for a written statement of the reason for the delay or cancellation.
   • Keep all boarding passes, booking confirmations, and any receipts for expenses incurred (meals, hotel, transport) during the disruption.
   • Note the actual arrival time at your final destination.
2. Contact the operating airline in writing (Step 1 — mandatory):
   • Send a formal written claim to the airline that operated (not necessarily sold) your flight, citing Regulation (EC) No 261/2004 and stating the exact amount owed.
   • FOCA does not have the authority to handle concrete demands for compensation. If you file a complaint with FOCA, the airline may decide to offer you compensation. Otherwise, you will have to resort to the civil courts.
   • The airline has six weeks to give you an answer. If they fail to do so, you can file your complaint directly with FOCA.
   • Insist on cash payment. You can refuse a voucher and demand cash.
3. File a complaint with FOCA (Step 2 — if no satisfactory response within 6 weeks):
   • Use the free online form: bazl.admin.ch/en/pax-online-form
   • Attach: your booking confirmation, boarding passes, passport/ID copy, and all correspondence with the airline.
   • Since FOCA's aim is to help protect your rights as a passenger, their service is free of charge. Unlike commercial service providers, they do not make any deductions from the amount paid directly to you by the airline.
   • Contact: passengerrights@bazl.admin.ch | Tel: +41 58 465 95 96
   • Act quickly: if the flight dates back more than 1 year, FOCA will normally not open a procedure against the airline.

If the Airline Refuses to Pay

If you suspect that an airline may have violated your rights, you can lodge a complaint with FOCA. FOCA will then ask the airline that operated the flight to respond to the complaint and to send the necessary documentation so that the case can be examined in detail. In case of an infringement, FOCA could sanction the airline.

Although FOCA is unable to enforce compensation payments, its administrative penal proceedings could motivate airlines to make payments to the passengers. If this should not be the case, however, you still have the option of lodging a civil claim with the relevant court.

Your escalation options, in order:

1. FOCA complaint (free, independent, no commission): bazl.admin.ch/en/airpassengerrights
2. European mediation bodies: FOCA recommends contacting the national body responsible for enforcement of the rules or one of the European mediation bodies for passenger rights. For cross-border disputes, the EU's Online Dispute Resolution (ODR) platform may also be used.
3. Civil court proceedings: File a claim in the canton where you are domiciled or where the airline has its registered address. Swiss courts apply Regulation (EC) 261/2004 directly. For claims up to CHF 30,000, the simplified procedure (Verfahren nach ZPO) applies and legal representation is not mandatory.
4. Avoid claim agencies unless you fully understand their fee structures. The European Commission has issued an "Information Notice to Air Passengers" in connection with dubious practices by some claims agencies.

FAQ

My flight departed from a non-EU country to Zurich on a non-Swiss airline. Am I covered?

Only if the operating airline is based in the EU, Switzerland, Norway or Iceland. The regulation applies to travellers departing from a third country whose destination airport is in the EU, Switzerland, Norway or Iceland, if the flight is operated by an airline that has its principal place of business in the EU, Switzerland, Norway or Iceland. If you flew on, say, a US or Gulf carrier from New York to Zurich, EU 261/2004 does not apply on that leg. However, the return leg (Zurich to New York) on the same airline is covered, because the departure airport is in Switzerland.

How long do I have to file my claim in Switzerland?

Swiss law applies the ordinary contractual limitation period of 10 years (Article 127 of the Swiss Code of Obligations) for civil court claims based on EU 261/2004, though some cantonal courts have applied shorter periods. In practice, act as quickly as possible: FOCA will normally not open a procedure for incidents older than 1 year, and if the flight dates back more than 1 year, FOCA will normally not open a procedure against the airline. Do not delay beyond the first few months after the incident.

The airline offered me a travel voucher instead of cash. Must I accept it?

No. You can refuse a voucher and demand cash. Regulation (EC) 261/2004 grants you the right to monetary compensation. You may voluntarily accept a voucher of greater value if you wish, but you are never legally obliged to do so. Always get the voucher's terms in writing before accepting it, and never sign anything waiving your cash rights.

My flight was delayed due to a "technical problem" — can the airline avoid paying?

Almost certainly not. "Technical issue" is not a valid excuse in 90% of cases. Routine maintenance problems and mechanical defects are considered inherent to the normal operation of an airline and do not constitute extraordinary circumstances. The only exception established by European Court of Justice case law is a manufacturing defect discovered by the manufacturer or a safety authority that was genuinely unforeseeable. If the airline cites a technical fault, ask for a detailed written explanation and the relevant technical logs — then escalate to FOCA if the justification is insufficient.