Have you ever experienced the frustration of being all set to hop on a plane and embark on your eagerly anticipated journey, only to have your flight postponed or called off? It can be a major hassle, causing stress and throwing a wrench in your travel arrangements, especially when you’re stuck at the airport for what feels like an eternity. But knowing your rights can make a world of difference in these situations.
The EU Regulation (EC) No 261/2004 outlines the rules and standards regarding compensation, assistance, and passenger rights in situations of flight delays, cancellations, or denied boarding. This regulation on flight compensation is designed to guarantee that air passengers are treated fairly and to incentivize airlines to fulfill their responsibilities, offering travelers support and safeguards during flight disturbances.
What Are My Rights if the Flight Is Delayed or Canceled?
According to Regulation (EC) No 261/2004, if your flight is delayed or canceled, you have certain rights as an air passenger, such as the following:
- You have the right to financial compensation for the inconvenience caused by the cancellation or delay of your flight.
- You have the right to be reimbursed or re-routed.
- You have the right to care free of charge (hotel accommodation, meals, and refreshments, transportation between airports and place of accommodation, etc.).
When Are You Entitled To EU Flight Delay Compensation?
You are entitled to EU air passenger rights in the following situations:
- If an EU airline or a non-EU airline is operating your flight within the EU.
- If an airline from the EU operates your flight and it originates from outside the EU.
- If an EU or non-EU airline operates your flight from the EU to a non-EU country.
- If you haven’t already been compensated, rerouted, or obtained airline assistance for this trip’s flight-related issues under the relevant law of a non-EU nation.
Who Is Eligible for Flight Delay Compensation?
To be eligible for compensation, passengers must have a confirmed reservation for the specific flight and must adhere to the following check-in requirements:
- Arrive for check-in at the designated time communicated in advance and in writing (including electronically) by the airline, tour operator, authorized travel agent, or
- Arrive no later than 45 minutes prior to the scheduled departure time, if no specific time is provided.
Passengers who were transferred by an airline or tour operator from their originally booked flights to a different flight, regardless of the reason, are also eligible for compensation.
How Much Can You Get In Compensation For Delayed Flight?
Your compensation for a delayed or canceled flight is determined by the distance your flight was supposed to cover. This distance is calculated from the final destination where the disruption occurred, resulting in a delay beyond the original arrival time.
- Compensation of EUR 250 applies to flights covering distances of 1500 kilometers or less.
- For flights within the European Union (intra-Community flights) that exceed 1500 kilometers, as well as flights between 1500 and 3500 kilometers, the compensation is EUR 400.
- Flights that do not fall under the previous categories (a) or (b) qualify for a compensation of EUR 600.
*The compensation shall be paid in cash, electronic bank transfer, bank orders, bank cheques, or, with the passenger’s consent, in the form of travel vouchers and/or other services.
How Much Does a Flight Have to Be Delayed to Get Compensation?
The length of the delay needed to qualify for compensation can differ based on the rules and regulations in effect. Generally, a flight delay must surpass a specific minimum duration, usually between 3 to 5 hours, in order to be eligible for compensation. The exact threshold for compensation eligibility may also change based on the flight distance and any local or airline-specific regulations.
In certain situations deemed as “extraordinary circumstances,” airlines may not be required to provide compensation for flight delays if the issue was considered to be out of their control.
How to Make a Compensation Claim for a Delayed Flight?
There are several forms you can use to make a compensation claim, such as the following:
Complain to the Airline
The first thing you need to do is send a complaint to the airline using their complaint form or the EU air passenger rights form. The form requires your personal details, such as:
- Your full name.
- Email address.
- Nationality.
- Country of residence, etc.
You will also need to provide details of the incident and a description of how it happened.
Once you fill out the form, you should print and sign it. You can also send it via mail, but it is more advisable to scan it and send it via email. However, you should always carry a copy of the complaint form for your own records.
Complain to National Authorities
If the airline you submitted the complaint to takes longer than 2 months to reach out to you, or if you are not happy with their reply, you can lodge a complaint with the relevant national authority in the country where the incident took place.
You should send an email with the complaint you already submitted and explain what happened with the airline.
Use Alternative Dispute Resolution Entities (ADR) / Online Dispute Resolution (ODR)
You can resolve your dispute in one of the following ways:
- Alternative Dispute Resolution entity (ADR)- provided by neutral out-of-court bodies such as conciliators, mediators, arbitrators, the ombudsman, and complaints boards, which will help you find or propose a solution. Under EU law, you can use these bodies to resolve contractual disputes with a trader established in the EU. The alternative dispute resolution bodies will handle your dispute in an effective, fair, independent, and transparent way.
- Online Dispute Resolution (ODR) platform- can be used to submit your complaint if you bought your ticket online. In this case, you and the trader will have to agree on the alternative dispute resolution body that will handle your dispute.
*Alternative Dispute Resolution and Online Dispute Resolution are available to EU residents only.
How Long Are Compensation Claims Valid?
Compensation claim validity periods may differ based on the air passenger rights regulations in various regions. Typically, you have a limited number of years from the date of the affected flight to submit a claim for a delay or cancellation.
In the European Union, the time frame to file for compensation under Regulation (EC) No 261/2004 usually ranges from two to three years, varying by country. Keep in mind that these deadlines can differ across EU member states. When it comes to countries outside the EU, the time limit for compensation claims can differ based on local regulations and laws. It’s best to check the specific national or international rules and seek advice from legal bookingflightsus experts or consumer protection organizations to determine the time limit that applies to your case.
