My flight was delayed, can I claim compensation?
A flight which departed from EU (European Union) belongs to an EU airline, if delays or gets cancelled or you’re denied boarding, you may receive compensation of up to 600€ in accordance with EC Regulation 261/2004.
The high-flying world lives in quite a dream world! The duties of corporate life carry executives around in business class. Zipping across continents and national capitals perhaps each month. International airlines fine-tuned their services. Thus, no detail misses out in terms of timings, ambiance, food, baggage, safety and public relations.
Many people would have flown hundreds of flights through a lifetime without encountering a glitch. That makes sense in view of flight statistics that record millions of passengers and thousands of flights crisscrossing the skies each day!
In spite of the glamour factor, the world of international airlines suffers, Aircraft crash and disappear. Hijackings, delayed flights and cockpit indiscipline plague some of the top airlines. The media highlights whatever happened and the world knows the truth from news stories.
Yet people quietly forget problems and disasters within days, though the mystery continues to haunt. Though computers have proved a blessing in managing flight bookings and providing information, breakdowns do happen, leading to a big mess.
Do you know that if flight delays or if flight is cancelled or you’re denied boarding involuntarily, EU 261 Rule entitles you a compensation?
EC Regulation 261/2004 establishes common rules on Compensation & Assistance to flight passengers in the event of denied boarding and of flight cancellations or excessively delayed flights.
Get Aware of EU Air Passenger Rights
- Frequent flyer experience sometimes involves problems other than airline delays.
- Denial of boarding occurs when flights have been overbooked as does happen and not so rarely.
- Flight cancellations occurs, whatever may be the reason.
- Departures delayed for more than two hours results in serious trouble that affects schedules like the arrival time or if there’s a connection in flights.
- Air passenger rights need to be displayed online or at the airport. Further, the airline company should hand over a notice that indicates details of compensation if such problems occur.
Frequently Asked Questions On Delayed Flights Compensation
Airlines Owes Responsibility To Grant Compensation
Airline delay? While people avoid involvement in legal hassles, technology certainly eased the process of redress of grievances. What extent of compensation comes from delayed flights? It applies only when there’s a delay in landing of three hours and greater.
The quantum of compensation depends upon the length of delay and the number of passengers affected. Loopholes exist and airline companies certainly try to avoid paying anything at all. The company sometimes gets dragged to court though not over a small sum of money. Delayed compensation proves to be a great harassment too.
On the face of it, flight delay compensation up to the extent of 520 GBP (600 Euros) per person appears to be a big deal. Is that really such a large amount? That money won’t really be substantial if you consider lengthy flights across the world. Tickets cost huge amounts of money in such cases.
Yet, a family of five exercises entitlement to over 2500 pounds, definitely a large amount. Besides, the claim period extends back up to six years in UK. Think again. If such unpleasant events occurred a few years ago, claims remain valid still. The victim must produce adequate evidence and follow the right procedures. The process won’t be easy, but some compensation cases prove lucky.
Why do only a few victims claim compensation? Victims consider compensation claim procedures to be a tedious process. If you know the right way, claims should not become a hassle. You need time and patience for sure.
Flight Delay Compensation EU 261 Rule
According to EU Regulation 261/2004, a delayed departure beyond 2 hours calls for care by the airline authorities. The rule applies to departure from an EU airport on any carrier or one scheduled to arrive at an EU airport on an EU carrier. The airline caters food and drink arrangements to passengers appropriately, according to the time of day. Further, the airline pays calling expenses to the family or office to inform of the delay.
If the delay happens overnight, the airline authority should provide hotel accommodation. According to the situation, the passenger makes the booking and claims payment based on receipts.
If flight delays for more than 3 hours, What am I entitled to claim?
Beyond a 3 hours delay on arrival, you are entitled to receive financial compensation of 250€ for short flights. 400€ would be paid for a flight distance of 1,500 to 3,500 km. Over 3,500 km, 300€ would be paid for a delay of 3 hours or more and 600€ for the delay of 4 hours or more.
The time calculation refers to the opening of the first door after the plane touches down, not the touching down time itself.
Frequently Asked Questions (FAQs) On Compensation For Flight Delays
My flight was canceled, Am I able to receive compensation?
Flights canceled calls for compensation besides the greater than three hours flight delay in landing. EU Rule 261/2004 indicates compensation that extends between £110 and £520, according to certain conditions. Flights sometimes stand canceled without any prior notification and the company offers alternate flights. if the alternate flights arrive at the final destination beyond 3 hours of the scheduled arrival time, delayed flight compensation rule may apply in such cases.
3 different cases when you are entitled to receive compensation for cancelled flights:
1st Case: If you were informed 7 days prior to your scheduled flight, you may receive between 125 Euros to 600 Euros for a delay or 2 to 3 hours or more on the re-scheduled flight.
2nd Case: If you were informed between 7 to 14 days prior to your scheduled flight, you may receive between 125 Euros to 600 Euros for a delay of 3 to 4 hours or more on the re-scheduled flight.
3rd Case: If your were informed before 14 days prior to your scheduled flight, you may ask for reimbursement of your ticket cost, which airlines should send you within 7 days.
Does claiming and receiving compensation involve expense?
EU Claims involve no expense. You contact the airlines directly or write a letter to claim compensation for your delayed, missed, cancelled or overbooked flight.
Airlines refused the Seat at the last moment
As happens in overbooked flight cases, refusing a booked passenger a seat attracts compensation just like delayed arrivals.
Airline companies book extra passengers in the belief that all will not fly. When shortage of seats arises, they request for volunteers who agree not to fly.
If they fail to send away people, they ask certain passengers to get off the flight. They select the cheaper tickets or those passengers checking in last.
If such a situation arises, you get a seat on a later flight along with food and accommodation in the interim period, including the transport expenses for your stay in the hotel.
Denial of seats due to overbooking is at par with a canceled flight with adequate compensation. It is treated as the fault of the airline certainly.
Do you know you are also entitled to receive compensation for missed flights?
If the flight originates in London and you fly to Sydney via Amsterdam, the delay of the first flight could mean missing the connecting flight. That would result in immense stress besides the financial loss since new flight tickets are not easily obtained. Family vacation plans may be upset or business meetings missed.
While delayed flights appear to be no problem, rather uncommon, many suffer unjustly! Passengers become unhappy victims of such delayed arrivals. Suffering passengers deserve the right to compensation. The authority needs to compensate, according to prevailing rules.
Perhaps the delayed arrival took place in 2014. File the claim now for compensation, allowed according to existing rules. In fact, claims go backwards until 2011 or 6 years for UK flights (whereas for other EU countries, validity extends up to 3 years).
Why do such delays exist at all with the immense levels of technological development that prevail in 2017? Human error, management problems, bad weather, instrumental and technical failure become some unforeseen problems. Flights delay occur, sometimes often. Airline companies should arrange compensation for flights if scheduled flights encounter too many delays!
How does One can make a Claim?
Make certain that the claim tallies with the required criteria instead of wasting time and energy on an ineligible claim. Use the online flight compensation calculator to check the claim amount entitled to receive and contact the airlines to apply for your claim.
Another option exists where the free flight delay claim template letters may be used. Free letter templates are available online, you need to download and write the letter to airline asking compensation for your delayed, cancelled or overbooked flight.
What are Extraordinary Circumstances
Common sense indicates that compensation does not apply during situations like war and natural disasters like earthquakes. Weather conditions play a role and humans dance to the tune like cancelling flights due to fog and heavy rain. Airport staff strikes sometimes become critical factors like medical emergencies in the plane. Problems with the crew occasionally arise.
Claiming to compensate amounts should be justified. Compensation claims arise if the circumstances lie within the control of the airline company. They always try to escape the blame in order to avoid making payments. The media also reports injustice often meted out by airlines in denying passengers their due rights.
Some such events occurred in the media recently when a passenger was violently removed from a flight in America due to overbooking maybe. Racial problems do occur. What happens in such circumstances? The case goes to the court and involves prolonged litigation unless the two parties amicably settle the issue.
In any case, if disputes arise, the airline submits evidence to prove that circumstances lay beyond their control. What happens if mechanical problems occur in the plane and delay results? It is the responsibility of the airline to maintain their aircraft well. When crashes occur, the affected families receive compensation. The airline takes the blame.
Are you sure the case needs to go to court?
Primarily, the duty of the airline compensates matters. Pursuing a claim further beyond the initial application to the airline concerned costs no money. Four companies, however, charge 25 pounds if the appeal is unsuccessful. British Airways, Thomas Cook, Thomson and Easyjet levy the charge.
Are the Claims delayed often?
After the airline rejects a claim, one approaches the regulatory body or Civil Aviation Authorities (CAA). While claims normally take 4-12 weeks, if put on hold for unclear reasons, the court option remains. If rejected on both counts, Resolver cannot help with the court approach.
The next destination concerns a local county court, maybe in England, Wales and Northern Ireland. In Scotland, the sheriff’s court supervises. The small claims system in the courts would mean a claim under 10,000 pounds in England and Wales. Scotland specifies 5,000 pounds and Northern Ireland 3,000 pounds. Time periods apply, delayed flights claims within six years everywhere except the Scotland five-year limit.
If you booked the airline flight in the UK, courts in the relevant country you live in takes up the case of compensation for flights delayed. The airline location does not matter. If the airline holds a UK address, the court summons them in the UK. The airline head office location perhaps concerns some other country, according to the European Consumer Center. If the flight departed from or arrived in the UK, the court summons the airline in either the country of departure or arrival, irrespective of the airline origin.
Cross-border complaints arise and if the claim lies under 2,000 euros, the European Small Claims procedure applies. The county court maintains a standard claim form. If the court decided a claim, appeals need to be filed within a period of 21 days. Compensation airlines often get to be a big problem.
If the delay in landing amounts to less than two hours but a connecting flight got missed, what compensation arises? Legally admissible benefits arise if all the flights have the same booking reference and the connecting flight departed at an EU airport. Flying from London to Buenos Aires via Madrid, maybe the London flight reached Madrid an hour late. If the final arrival in Buenos Aires gets delayed beyond three hours, long haul compensation claims arise.
What happens in the case of delay in landing outside the EU on a non-EU airline if the journey initially starts in the UK? Consider the options. If the flight covers London-Dubai-Singapore, arrival in Dubai more than three hours late attracts compensation. Arriving late at Singapore does not attract compensation. Return flights to UK do not get compensation for delays either.
Regarding compensation, airline companies often give vouchers. Strictly speaking, according to regulations, they should pay compensation in cash.
Whom to Consult if Airlines denies your Claim?
Consult the CAA’s ‘Delays and Cancellations’ information at caa.co.uk/passengers for clarifications. CAA renders advice on claims concerning departures from UK airports. Since many such claims cases remain pending, response time extends to about two months.
Imagine the flight departing from any other EU country besides the UK. Contact National Enforcement Body (NEB) in the country of the airline home base. NEB takes months to deliver a written decision on the claim. When the claims process reaches so far, payments usually work out.
The final option. Take a UK-based airline to court once a written rejection gets issued. Companies such as the Claim Flights charge for services that cost 25-60 pounds, according to the claim amount. The service covers England, Wales, Scotland and Northern Ireland.
As in all walks of life, appropriate compensation gets paid according to the nature of the loss. If the airline company loses a passenger’s baggage, the passenger receives compensation. Passengers losing their lives in an aircraft crash similarly get compensated to the family.
Sophisticated service delivery minimizes such occurrences. Yet flight compensation sometimes arises due to delayed flights. Sufferers claiming and obtaining adequate compensation face quite a hassle.
What happens if the concerned airline rejects the claim?
The EU claimant approaches the Civil Aviation Authority (CAA) if the airline rejects the claim. Alternatively, approach the adjudicator who covers the flight to or from or via the UK. Such a claim refers to a flight that departed from the EU. It also applies to somebody from outside the EU who arrives in the EU on an EU airline.
EU refers to 28 European Union countries, united by the single currency called the Euro. The EU includes some lesser known entities like Guadeloupe and French Guiana, Martinique and Réunion Island. Did you know that Mayotte, Saint-Martin (French Antilles) and the Azores, Madeira and the Canary Islands belong to the EU? The EU includes Iceland, Norway, and Switzerland.
Theory permits claims for delays as far back as 2005, but probable successful claims apply backward until 2011 only. Airlines refuse claims older than 6 years. Why? The answer is that the court has it that way. If airlines face court cases, statutes in England, Wales and Northern Ireland extend only to six years in retrospect. Scotland decrees five years. The claim flight delay compensation extends to hundreds of cases, maybe far more.
Advantages Of Contacting Claim Companies
Somebody approaches a non-EU regulatory airline. The airline rejects the claim but the claimant has an advantage. Claim facilitators such as Claim Flights include the function to deliver to a variety of regulators. Claim Flights helps approach the airline company directly.
Consider a claimant who travels on a EU airline from outside the EU and lands in the EU but outside the UK. The claimant boards a British Airways flight from Houston to Paris. Though Claim Flights helps to approach the airline, what happens if the airline rejects the claim?
Agents exist all over, represent each other and much confusion arises. Imagine a family that bought flight tickets from British Airlines. The family flies American Airlines even though BA flight numbers occur. When the problem of claims comes up, American Airlines answers and not British Airways.
Escape the hassle! Work with flight compensation experts like Claim Flights.