In today's article, we'll outline the rules for claiming compensation from an airline for a canceled or delayed flight. Airport delays can have a variety of causes, each of which inevitably creates discomfort for passengers forced to wait for their flight. So, what compensation can we receive in the event of significant delays?
The amount of compensation and the length of the delayed flight
Passengers are entitled to compensation depending on the length of the delay and the distance of the planned flight.
In the event of a flight cancellation or delay of 3 hours or more, passengers have the right to claim compensation from the carrier. This claim is based on Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. The regulation specifies, among other things, that the amount of compensation due depends on the flight distance as the crow flies.
Ways to determine the length of the delay
To determine the length of the delay experienced by passengers on arrival, compare the scheduled landing time with the actual time when at least one aircraft door opens, allowing passengers to disembark. The final time of arrival is the moment when the aircraft doors open and passengers can begin disembarking.
Cases of release of the carrier from liability
The carrier is obliged to pay compensation unless the flight was cancelled/delayed due to extraordinary circumstances, e.g.:
a) bad weather conditions;
b) strike by airport employees;
c) safety risk;
d) air traffic control restrictions, e.g. runway closure;
e) bird strikes (airplane collision with a bird).
Does the occurrence of technical faults release the carrier from liability?
The occurrence of technical defects in aircraft used by air carriers constitutes a circumstance that is foreseeable within the normal course of air transport operations, unless it is proven that the defect was the result of events or circumstances outside the normal scope of such operations. The mere occurrence of a technical defect does not, therefore, release the air carrier from liability for delays , flight cancellations, or other negative consequences resulting from such problems. The carrier can only be released from liability if it proves that the defect resulted from hidden manufacturing defects in the aircraft that could not have been detected during regular technical inspections and maintenance .
Expense reimbursement
Passengers may also seek compensation for expenses incurred while waiting for their flight, such as meals and accommodation, if these were not covered by the carrier. Receipts must be submitted when seeking reimbursement of such expenses.
Compensation claim procedure
To claim compensation for a delayed flight, you must submit a complaint to the carrier operating the flight. This request must be made in writing, or you can submit it via the complaint form available on the carrier's website. The complaint must include the flight number, date, time, and route. The carrier has 30 days to respond to the complaint.
What if the carrier issues a negative decision?
If a negative decision is issued, passengers have the right to take the matter to court. The burden of proof during such proceedings rests with the carrier. It is the carrier's responsibility to provide evidence of the extraordinary nature of the reason for the cancellation or delay.
For more information, please contact us. We will assist you at every stage of the process to obtain the compensation you deserve.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of October 15, 2024.
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