As a traveler, encountering a flight delay or cancellation can be frustrating and disrupt your plans. While some might only face a slight delay in their travel time, others could miss crucial events or connections. Understanding your rights when facing such disruptions is essential, especially regarding compensation.
To protect passengers, the EU has introduced Regulation EU 261/2004, which outlines the rules airlines must follow to ensure passenger rights are respected in case of delays or cancellations. This regulation specifies the compensation you are entitled to, based on factors like the length of the delay or the distance of the flight.
Who Is Eligible for Compensation Under EU Regulation?
Passengers traveling within the EU on flights operated by either EU or non-EU airlines, as well as passengers flying to or from the EU on EU-operated flights, are protected under this regulation.
Flight Cancellations and Compensation:
Passengers whose flights are canceled may be entitled to compensation between €250 and €600, depending on the flight distance:
- €250 for flights of 1,500 km or less
- €400 for flights within the EU over 1,500 km and other flights between 1,500 and 3,500 km
- €600 for flights over 3,500 km
In cases of cancellations, passengers can choose between a refund, re-routing, or returning to their point of departure. Compensation is required if the cancellation notice is given less than 14 days before the flight.
When Are Passengers Not Entitled to Compensation?
You are not entitled to compensation if the cancellation was communicated more than 14 days before departure or if re-routing offers you a new flight with a minimal delay. Additionally, extraordinary circumstances like weather conditions, political instability, or security concerns may exempt airlines from compensation obligations.
Compensation for Delays:
If your flight is delayed by three or more hours, you are eligible for compensation, ranging from €250 to €600, depending on the distance. This applies to missed connections, long delays, or instances where the final destination is reached significantly later than scheduled.
However, extraordinary circumstances that cause the delay, such as strikes or weather-related issues, may not warrant compensation.
Passenger Assistance Rights During Delays:
If your flight is delayed, airlines must provide assistance such as meals, refreshments, and two phone calls. If your delay spans overnight, the airline must also provide hotel accommodation and transportation to and from the airport. If the airline fails to offer these services, you may be entitled to reimbursement for any expenses incurred.
How to Claim Compensation:
- Contact the Airline: Start by submitting a claim directly to the airline. Fill out the required complaint forms and keep copies for your records.
- Escalate if Necessary: If the airline does not respond within two months or you’re unsatisfied with the response, escalate your claim to the relevant national authorities or use the EU’s Alternative Dispute Resolution (ADR) services.
- Legal Options: If all else fails, you can pursue your claim through the European Small Claims Procedure in a local court.
Extraordinary Circumstances:
Extraordinary circumstances that excuse the airline from compensation include bad weather, strikes, or technical failures. However, issues that fall under the airline’s responsibility, such as mechanical faults, do not qualify as extraordinary circumstances.
Frequently Asked Questions (FAQs):
- When Should I Submit My Claim? It’s best to submit your claim as soon as possible, ideally on the day of the disruption.
- Can My Claim Be Denied? Yes, if the delay or cancellation is due to extraordinary circumstances.
- Am I Entitled to Compensation for a 5-Hour Delay? Yes, as long as the delay is not caused by exceptional circumstances.
- What if I Miss a Connecting Flight? You have rights if the delay is part of a single booking and leads to a delay of three hours or more.
- Do Babies Qualify for Compensation? If a baby is traveling on a free ticket, they are not eligible for compensation.
- How Long Do I Have to Wait for Compensation? There is no specific time limit, but the airline should process your claim as quickly as possible.
Understanding your rights ensures you can claim compensation and be properly assisted when facing flight delays or cancellations. Always keep track of your travel times and document any expenses related to delays, as this will help in the reimbursement process.
