Compensation for delayed flights and EU regulations
When passengers run into delays to their travel plans involving flights, there is a set of EU regulations designed to provide them with appropriate protection and support. Under the applicable Regulation (EC) No 261/2004 of the European Parliament and of the Council, passengers can count on specific rights that already apply once a flight is delayed by at least two hours.
When is compensation due for a delayed flight?
In the event of flight delays, passengers are entitled to the necessary assistance, such as meals and refreshments appropriate to the waiting time, as well as hotel accommodation and transport between the airport and the hotel if the delay requires an overnight stay. It is worth noting that, where passengers have to cover these costs out of their own pocket, they can claim reimbursement on the basis of the receipts they keep. In addition, carriers must give travellers the opportunity to contact their loved ones (two telephone calls, plus the option of sending an email or a fax).
What rights do passengers have in the event of a cancelled flight?
When passengers are faced with a cancelled flight, air carriers are obliged to provide appropriate care, just as in the case of delays.
In addition to the assistance described above, in certain situations passengers are also entitled to compensation for a cancelled flight (or a delayed one).
- For flights operated within the European Union, the amount of compensation is 250 euros where the delay relates to a route of no more than 1500 km. For longer routes exceeding 1500 km, the compensation rises to 400 euros.
- Where the flight route leads beyond the borders of the European Union, the amount of compensation also depends on the distance covered. For flights on routes between 1500 km and 3500 km, the amount due is 400 euros. For longer journeys, where the route exceeds 3500 km, the compensation can be as much as 600 euros.
However, there are exceptions to the rule on granting compensation. It is not due if the airline informed passengers of the cancellation at least two weeks in advance, offered an alternative flight in good time before the planned trip - that is, at least 7 days beforehand - or if the proposed replacement flight takes place close to the originally scheduled time, even if that offer was made less than 7 days before the departure date.
Compensation for cancelled flights does not apply in situations resulting from extraordinary circumstances beyond the control of the airline. Such situations include bad weather conditions, natural disasters, strikes by airport staff not directly linked to the carrier, political instability, security threats, restrictions on air traffic control - such as the closure of a runway - or hidden manufacturing defects in the aircraft.
How can you check the reason for a flight delay?
To check the reason for a flight delay, the most reliable sources of information are the airlines' websites or apps. On these sites you can find a dedicated section with flight information, where updates on the status, including any delays, are published in real time.
How much compensation for a delayed flight?
The amount of compensation for a delayed flight can range from 250 to as much as 600 euros, depending on the length of the route and the duration of the delay. A key factor taken into account when deciding on compensation is the time of arrival at the destination, not just the departure time.
If a passenger experiences a cancelled or delayed flight, they may be entitled to claim compensation from the air carrier. This process requires the passenger to gather the relevant documents and evidence and to act in accordance with the procedures set out by the airline. The first step is to keep all documents related to the flight booking, including the booking confirmation, tickets and, if possible, the boarding pass. Although, in accordance with the judgment of the Court of Justice of the European Union of 24 October 2019, holding a boarding pass is no longer required in order to claim compensation, it is a document that can make the whole process easier.
How do you file a complaint for a delayed flight?
Passengers should submit their claim to the airline as soon as possible, preferably using the contact form available on the carrier's website or by telephone. In the complaint, you should describe in detail the circumstances of the cancelled or delayed flight, indicating the date, the planned departure time, the route and the actual length of the delay. It is worth attaching to the claim all the documents you have gathered that can confirm both that the delay occurred and how long it lasted.
Compensation for a delayed flight. How much time do you have to file a complaint?
It is worth remembering that claims for compensation for delayed or cancelled flights can become time-barred, which in most European Union countries means a period of one year from the date of the event. That is why it is extremely important to act quickly and decisively in order to assert your rights.
What should you do if the airline rejects your compensation complaint?
If the airline has not responded to the complaint or the response is unsatisfactory, the passenger has the option of taking further legal steps. Where the carrier avoids paying compensation despite the passenger having met all the conditions, you may consider filing a lawsuit in court. The lawsuit should be filed with the court having jurisdiction over the place of departure or arrival, with the passenger being entitled to choose whichever of the two is more favourable to them.
