Categories
Denied Boarding Plane Transportation

How to claim compensation for denied boarding (Part 1: Rules)

The easy step-by-step guide to help you master the relevant regulations

Photo: Winery at sunset in Valle de Uco, Mendoza, the Andes Mountains “Cordillera de los Andes” are behind (Argentina) ©traveling-lawyer.eu

Flight Problems?

It might happen to you if you are a frequent traveler: You have a valid ticket and arrive to the airport to take your flight on time, with your correct travel documents (passport or ID, and Visa when is required), to either do the check-in before boarding, or just to take your plane with the boarding pass (because you already did the web-check in). Once there you are informed that your flight is overbooked (because the airline sold more tickets than the number of plane’ sits, usually expecting that not all the passengers who booked a flight will board it).

In that situation you can voluntarily give up your seat (in exchange you may get a new booking on another flight at no extra cost, cash, vouchers or discount codes), and you cannot claim a compensation; or you might be denied boarding against your will.

So if your are denied boarding against your will, it’s important to keep calm and know your rights, because you are often entitled to a compensation.

Photo: Puerto Madero, Buenos Aires City (Argentina) ©traveling-lawyer.eu

Guess what, it happened to me as well on my flight from Mendoza to Buenos Aires (Argentina), luckily only once.

I went to El Plumerillo airport on time, early enough to do the check-in, and then I was informed that my flight was overbooked and that I had no sit. So I had no option but to take a later flight.

Photo: Oktoberfest, Munich (Germany) @traveling-lawyer.eu

I was frozen! I felt very frustrated and cheated, but now I know that’s is not that unusual. They just gave me a voucher for a meal at the airport, while I was waiting for the new flight (2,30 hs). Then I learnt that it is always important to do the web check-in as soon as possible and, if it’s not possible to check-in in advance, to go to the airport very early to be among the first passengers to get a sit.

A friend of mine was voluntarily denied boarding in Buenos Aires, when he was traveling to Munich (Germany) for the Oktoberfest, with a previous stop in Madrid. He told me that’s very usual during that time of the year, and that it happened to him twice.

The european airline took him to a nearby hotel, picked him up the following day, and gave him 300 euros in a debit card (the compensation due in this case is double the amount in accordance to the EU Regulation); that money could be used during a certain period of time for booking a new flight, or for getting cash from an ATM.

Photo: Debod Temple, Parque del Oeste, Madrid (España) ©traveling-lawyer.eu

Last anecdote, I met two young argentinian boys who were going to Spain on a shoestring trip around Europe, and who were very happy because due to an overbooked flight they had accepted a very convenient offer from the airline. They stayed a day longer in Buenos Aires (as my friend), in a paid hotel, took one later flight to their final destination instead of the original two (they had a combined itinerary), and got an immediate compensation that was very high for their budget.

Photo: Square of the Two Congresses (Plaza de los Dos Congresos), Argentina’s National Congress can be seen on the back, Buenos Aires City (Argentina) ©traveling-lawyer.eu

As I told you, it might happen that you are denied boarding, and I just want you to know that you might be entitled to claim a compensation and that you can do it yourself! I’ll guide you through the whole process. The first step is to know the regulations and what rights you have.


The Rules

There are a many regulations protecting passenger rights, but for people traveling from/to/in Europe, the most relevant is the following:

Regulation (EC) No 261/2004 Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, link here.

The Interpretative Guidelines on Regulation (EC) No 261/2004 are also very important, link here.

Check 1. Does it apply to you?

You need to meet one requirement from each category: A, B and C.

A. You shall be a Passenger traveling:

  • on a scheduled flight, or
  • on a non-scheduled flight, including those forming part of package tours.

B. Your flight shall:

  • depart from an airport located in a EC Member State; or
  • arrive to an airport situated in a EC Member State, from an airport located in a third country, and if the operating airline is a Community carrier (unless the passenger received benefits or compensation and were given assistance in that third country).

C. You shall face one of these events:

  • denied boarding against your will;
  • flight cancelled; or
  • flight delayed.

Let’s now look at the less common problem: denied boarding against your will. I already explained the other cases in previous posts.

Check 2. What are your rights in case of a denied boarding?

If you meet the requirements from Check 1 (A+B+C), then you need to know which are your rights, in order to get what you’re entitled to. The benefits vary depending on the flight distance.

The concept of denied boarding relates not only to cases of overbooking but also to those where boarding is denied on other grounds, such as operational reasons. It is not applicable for claiming a compensation when boarding is denied by the airline based on health, safety or security, or inadequate travel documentation; or if you didn’t take the outbound flight of a reservation which included a return flight, or if you didn’t take other flight included in a reservation with consecutive flights, or if you don’t have the relevant documentation for your pet when it is traveling with you.

Check 3. What exactly can you get?

After doing the two previous checks, it’s time to know precisely what your rights are if you are denied boarding (and then how high your compensation might be, depending on the distance of your flight).

A. Right of Assistance

If the airline denies you boarding, and you accept to get a new booking, while waiting for your new flight, you should get:

  • meals and refreshments in proportion to the waiting time (usually you get a voucher that you can use at the airport shops and restaurants, which happened to me several times; don’t expect enough for a fancy meal, in that case you will have to pay the difference), and
  • 2 free telephone calls, emails, faxes or telex (old-fashioned telex is still in the regulation);

If your need to stay overnight, you should also get:

  • hotel accommodation and transportation between the airport and the hotel. Airlines should also ensure, that accommodation is accessible for people with disabilities and their companions.

B. Reimbursement, re-routing and return flight

If you are denied boarding against your will, you have the right to get -and the airline is obliged to offer- one of the following options:

  • Reimbursement of the ticket (for the paid full price if you have different flights booked as a single ticket) and, if you have a connecting flight, a return flight to the airport of departure as soon as possible, or at a later date at your convenience (subject to the availability of seats), or
  • Re-routing to your final destination as soon as possible under comparable transport conditions, or
  • Re-routing to your final destination at a later date at your convenience under comparable transport conditions (subject to availability).

If you accept a re-reouting, the airline may still have to compensate you depending on the distance of your flight and the length of the delay past your original planned arrival time. If this is your case please check my previous post “How to claim compensation for delayed flights (Part 1: Rules)” link here.

If the airline doesn’t comply with its obligations (offering a re-routing or return flight), it has to reimburse the cost of the ticket; and if it decides to reimburse unilaterally, you have the right to get extra-money (to cover the difference to book a new ticket).

C. Compensation

If you are denied boarding against your will, provided that you arrived on time for the check-in and that there are not reasonable grounds to deny you boarding (see “check 4” below), you are entitled to a compensation.

If you have connecting flights (only if you are flying with a single ticket: one reservation and one check-in) and are denied boarding because the airline operating the connecting flight stands that you would arrive too late to board the second flight (as your first flight was delayed) you are also entitled to compensation. If you are denied boarding on the return flight because the airline operating the outbound flight cancelled it and re-routed you on another flight, this constitutes denied boarding, and you have and additional right to claim a compensation.

DistanceCompensation
1.500 km or less€250
More than 1.500 km (within the EU).
Between 1.500 and 3.500 km (all other flights)
€400
More than 3.500 km€600
If the airline has offered a re-routing and you reach your final destination with a delay of 2, 3 or 4 hs., the compensation (as listed above) may be reduced by 50%. If a flight of more than 3.500 km from or to a non EU country is delayed between 3- 4 hs., the compensation my be reduced by 50% (€300).

Check 4. When you don’t get a compensation?

I used the words “may” and “should” more than once in the paragraphs above, because there are some reasons which can exempt the airline from paying a compensation if your are denied boarding.

First of all, you have no right to compensation if you voluntarily accept to exchange your flight sits, other reasons are health, safety or security, inadequate travel documentation, or terms and conditions linked to the ticket purchased. To explain it with examples, you have no right to get a compensation if you are denied boarding because of the following circumstances:

  • Being intoxicated (drugs or alcohol).
  • Behaving in a threatening way, which includes disrupting flight operations.
  • Being perceived as a safety or security threat based on your luggage.
  • Being refused to board by the airline and its crew due to security concerns based on reasonable grounds.
  • Not having the required visa for the country of destination.
  • Being late; due to delays at security checks, or because of not respecting the boarding time (of the first flight, or of subsequents flights at the airport of transfer).
  • Having a reservation which includes an outbound and a return flight, and not being allowed to board on the return flight because of missing the outbound flight (“no show”).
  • Having a reservation which includes two consecutive flights, and not being allowed to board the second flight because of missing the previous flight (“no show”).
  • Having the original flight delayed and being re-routed on another flight.
  • Traveling with a pet without the relevant pet documentation, except if boarding is denied due to a mistake made by ground staff when checking the travel documents (including visas).

Also remember that extraordinary circumstances, such as air traffic management decisions, political instability, adverse weather conditions, security risks, or any strike that affects the operation of the airline may exempt it from paying compensation in case of cancellations or delays of arrival at the final destination.


That’s it for now. I hope you liked reading this post and find it useful! In the next one, I will explain how to actually claim your rights in case of denied boarding. You will see that you can do it by yourself!


If you have any feedback, comment, or question please let me know. I’ll be very happy to hear from you!

Virginia, a traveling lawyer
Link to my Instagram

Categories
Cancelled Flights Plane Transportation

How to claim compensation for cancelled flights (Part 2: Process)

The easy step-by-step guide to help you claim your rights

Photo: Iguazú Waterfalls, Iguazú, Misiones (Argentina); and Foz do Iguaçu, Paraná (Brasil) ©traveling-lawyer.eu

Delayed Flight. Step-by-Step procedure to claim your rights

I assume you’ve already read the previous post, so after following the check list you know your rights in case of a cancelled flight.

As I told you I had it happened to me many times, I got flights cancelled to Brasil, the U.S., México, Argentina (several times), Spain, etc. (that’s why I’m posting photos from those countries as memories). Now it’s time for you to know how to claim your rights, step by step!.

Photo: Bridges Islands, Beagle Channel, Ushuaia, Tierra del Fuego (Patagonia, Argentina) ©traveling-lawyer.eu

Step 1: Check if your flight was “cancelled”

You have all the relevant information about your journey in the ticket, such as the reservation code and your flight’s data (airline, flight number, departure and arrival airports, scheduled departure and time, etc.)

You need to know precisely the scope of your rights if your flight was cancelled, to claim them. If the flight wasn’t cancelled but delayed, because you accepted a re-routing, you can check your rights in one of my previous posts “How to claim compensation for delayed flights (Part 2: Process)”, link here.

Let’s focus on cancellation, wich occurs when the planning of a flight is abandoned because:

  • the original flight schedule is left,
  • the plane took off but was forced to return to the airport of departure,
  • the flight arrives at an airport which is not the final destination indicated on the ticket, except if you accepted a re-reouting:
    • to the airport of the original final destination at the earliest opportunity, or to any other airport (this case is considered a delay, not a cancellation).
    • to another airport which is in the same town, city or region of the original flight (this case is also considered a delay).

Generally speaking, cancellation occurs when the flight number changes (even if the airline doesn’t issue an express decision, and/or if you are transferred to another flight).

Photo: Praia Ipanema, Rio de Janeiro (Brasil) ©traveling-lawyer.eu

Step 2: Check the distance of your flight

There are several Mileage Calculators which you can find on-line, I’ve tried Web Flyer, link here. Just enter departure and arrival airports and you will know the distance of your flight.

The Interpretative Guidelines on Regulation (EC) No 261/2004 set rules to measure the distance in case of connecting flights:

  • In case of several connecting flights, the “final destination” is the one on the ticket used for the check-in; or
  • In case of directly connecting flights, the destination of the last flight;
  • In case of long delay at the final destination, the distance which determines the compensation to be paid should be based on the “great circle” distance between the place of departure and the final destination (i.e. the whole “journey”, and not by adding the “great circle” distances between the different relevant connecting flights composing the “journey”).
Photo: Mountain Cemetery, Provincial Road 13, between Iruya and Humahuaca, Jujuy (Argentina) ©traveling-lawyer.eu

Step 3: Check which are your rights

First I recommend you to take a look at my previous post and to do the 4 steps’ check “How to claim compensation for cancelled flights (Part 1: Rules)”, link here:

  • 1. Does it apply to you?
  • 2. What are your rights in case of a delayed flight?
  • 3. What exactly can you get?
  • 4. When you don’t get a compensation?

I also prepared a table to make the checking easier:

RIGHTWHEN?WHAT YOU SHALL GET
ASSISTANCEWhile you wait after the cancellation of your flightFood and refreshments, depending on the waiting time;

2 phone calls/ faxes/ emails;

Hotel accommodation and transport to the hotel (if you have been rebooked and need to stay overnight)
REIMBURSEMENT AND RETURN FLIGHT


RE-ROUTING AND RETURN FLIGHT
If your flight has been cancelled, you have the right to choose between reimbursement and re-routingReimbursement whithin 7 days of the full cost of the paid ticket. For the part of the journey not made, or for the parts already made and not yet made made (if the trip makes non-sense for you after the cancellation); plus a
Return flight to the first point of departure, as soon as possible, if you have a connecting flight; or

Re-routing under comparable transport conditions to your final destination at the earliest opportunity; or
to your final destination at a later date at your convenience (subject to availability of seats).
If you get a new flight to a different airport compared to the original booking, the airline shall bear the transportation cost between both airports, or to another close-by destination agreed with you.
COMPENSATIONIf you have not been informed of the cancellation sufficiently in advance*.

Ticket reimbursed: compensation will depend on the distance of your flight.
Re-routing: compensation will depend on the distance of your flight and the delay (to reach your final destination)


€250
Flights of 1500 km. or less

€400
Intra-UE flights of more than 1500 km.
Extra-UE flights between 1500 and 3500 km.



€600
Flights of more than 3500 km.

In case of re-routing please check my previous posts: delayed flights
REDUCED COMPENSATION: If the airline has offered you re-routing and you reach your final destination with a delay of 2, 3 or 4 hours the compensation may be reduced by 50%

* You have no right to compensation if the airline informed the cancellation in advance: a) At least 2 weeks (14 days); b) between 2 weeks and 7 days if you are offered re-routing, and the new flight departs no more than 2 hs. before the original schedule, and arrives to your final destination less than 4 hs. after the original schedule; or c) Less than 7 days if you are offered re-routing, and the new flight departs no more than 1 h. before the original schedule, and arrives to your final destination less than 2 hs. after the original schedule. Also, you have no right to compensation if the flight was cancelled due to extraordinary circumsantces.

As a passenger, you also have right to information, since Regulation EC 261/2004 provides that the airline must give you a written notice setting out the rules for compensation and assistance, and explaining your rights.

Photo: Pirámide de la Luna, Teotihuacán, San Juan Teotihuacán, Estado de México (México) ©traveling-lawyer.eu

Step 4: Claim it!

Right of Assistance

If you are entitled to claim Right of Assistance, do it immediately!!!

The airline might give you vouchers to use them at the airport, while you wait for a new flight. Ask anyone from the company operating the flight if you’re not offered any help.

If they don’t help you at the airport, keep all the receipts for expenses, because you can obtain reimbursement of the expenses incurred from the airline, provided they were “necessary, reasonable and appropriate”.

Right to Reimbursement and to be Offered a Return Flight

You don’t have to accept a re-routing. So if you don’t want a new flight, you have to immediately claim the Right to Ticket Reimbursement: full refund of the non-flown section; or a full refund of the total ticket, if the trip makes non sense for you after the changes due to the cancellation.

Plus, if you have a connecting flight, you have the Right to be offered a Return Flight as soon as possible to the first point of departure.

Contact the airline as soon as you decide you don’t want to be re-routed to claim your rights.

Right to Re-routing

If you prefer, you can always accept a Re-routing, under comparable transport conditions:

  • to your final destination at the earliest opportunity; or
  • to your final destination at a later date at your convenience (subject to availability of seats).

If the airline offers you a new flight to a differente airport from the one in the original booking, it shall bear the transportation cost between both airports, or to another close-by destination agreed with you.

So contact the airline as soon as you decide you want to be re-routed, to book a new flight and to claim your rights.

Right to Compensation

For claiming a Compensation due to a cancelled flight you need to contact the airline operating the flight (even if you booked it through another airline). I suggest to do it as soon as possible, before it’s to late; the expiration of the term to start the procedure depends on each country’s regulations, but as far as I know runs from 1 to 6 years from the date of the flight.

You can ask for help about how to claim your rights at the airport, if your are there, remember that you have Right to Information.

If you are at home, or if you cannot get any help at the airport, I recommend you to check the airline web page, specially the section “customer service”, and to look for their procedure to claim compensation, which is usually on line. In case of doubt send them a written message and keep a copy (screen capture is enough if you do it on their web).

Once you know where and how to complain, you need to write your claim, including flight details and booking reference numbers. If you need to fill a form on-line, I recommend to write a word document, to save it, and to copy-paste it afterwards (the first time I claimed I didn’t do that, and I lost everything I had written after clicking “send”). Save your case reference.
This is my suggested structure for drafting your letter of complaint:

  1. What you claim: compensation for cancelled flight, and/or reimbursement of expenses.
  2. Personal data (name, last name, passport number, postal adress, phone number, email adress).
  3. Booking reference.
  4. Flight details: operating airline, flight number, date, time, itinerary.
  5. Facts: explain what went wrong, what you asked or requested, and what the airline answered, and provided or not (be clear and concise).
  6. Attached copies of relevant documents: tickets, receips of expenses, proof of the cancellation, etc. (always keep the originals).
  7. Compensation and/or reimbursement claimed (say exactly how much money) and include the reason why you are entitled to that compensation in accordance to Regulation (EC) 261/2004.
  8. Closing.
  9. Signature (I would also include my passport number and country).

I insist, be sure to keep copies of your claim, and of any response from the airline. If you call the airline, ask and write the Name and Surname of the person answering your call, and take some notes of the conversation (including date, hour, telephone number and a summary of your requests and answers). If you claim on-line, take screen captures (as I said, you don’t usually get a copy after clicking “send” in the on-line form and you loose all the info you submitted). If you send e-mails, keep copies. If you contact the airline via postal address, also keep copies and proof of mail deliveries.

If you don’t feel like writing, there is a EU complaint Form for Air Passenger Rights, which can be used to lodge a complaint with an airline and/or a National Enforcement Body, for Passenger rights in case of denied boarding, downgrading, cancellation or long delay of their flight under Regulation (EC) 261/2004, link here. I didn’t use it because I didn’t know of its existence when I needed, I could have saved time and inspiration!.

The airline shall reply the complaint within 6 weeks of receipt.

Photo: South Beach, Miami Beach, Florida (U.S.A.) ©traveling-lawyer.eu

If the airline doesn’t reply after 6 weeks, or if your are not satisfied with their response, you shall send the EU complaint Form for Air Passenger Rights to the National Enforcement Body (NEB) in the Member State where the incident took place. If the incident took place at an airport of departure outside the EU, you may contact the National Enforcement Body in the Member State of flight destination (worth to mention that generally they cannot take binding decisions on airlines in respect of individual complaints).

If you get a response but are still not satisfied, even following the answer from the competent authority, you can pursue the matter in Court or through Alternative Dispute Resolution (ADR).

Photo: Nuevo Vallarta, Riviera Nayarit (México) ©traveling-lawyer.eu

That’s it for now. I hope you liked reading this post and find it clear and useful! In the next one, I will explain which are your rights in case of denied boarding.

If you have any feedback, comment, or question please let me know. I’ll be very happy to hear from you!

Virginia, a traveling lawyer
Link to my Instagram

Categories
Cancelled Flights Plane Transportation

How to claim compensation for cancelled flights (Part 1: Rules)

The easy step-by-step guide to help you master the relevant regulations, including those related to Coronavirus (COVID-19 Pandemic)

Photo: Iguazú Waterfalls, Iguazú, Misiones (Argentina); and Foz do Iguaçu, Paraná (Brasil) ©traveling-lawyer.eu

Flight Problems?

It happens to every frequent traveler sooner or later: You get an email before your trip with subjects such as: “Your flight is cancelled”, “Important. Your flight has been cancelled”, “Important information for your next flight”, “Important information about your XXX flight to OOO on ZZ/ZZ/ZZZZ”, “XXX information about Flight ZZZ”, or what is even worse, you are at the airport waiting to board and you hear the voice from the loudspeaker:  “Attention all the passengers for flight OOO from YYY to XXX, I’m very sorry to inform that it has been cancelled…”, or the worst in my experience, you are flying and the flight attendant announces: “you attention please, I am sorry to inform that due to XXX we are forced to return to the airport of Departure”.

I always get a little nervous when getting any of those messages (believe me that I’ve got them all), but in that situation it’s very important to keep calm and know your rights (and to re-read my posts!), because you are entitled to a re-routing or refund, and often also to a compensation.

Photo: Les Eclaireurs, End of the World Lighthouse, Ushuaia, Tierra del Fuego (Patagonia, Argentina) ©traveling-lawyer.eu

As I told you, it happened to me as well many times (I got flights cancelled to Rio de Janeiro, Chicago, Mexico D.F., Usuhaia, Buenos Aires, London, etc.), and I was always offered or directly given a new flight (more or less similar to the one in the original booking, basically same itinerary but later), which I sometimes accepted and other times refused.

When a flight is cancelled in advance (and you get the e-mails I’ve mentioned), I learnt that it doesn’t matter which tickets you have; if you are re-routed, you can always ask for a change free of charge if the new flight assigned by the airline doesn’t fit you. So just call the airline (even if you exchanged miles or points and got the tickets for free), and let them know how inconvenient the new flight is for you (be insistent, and ask to talk to a supervisor if necessary).

Photo: Praia Ipanema, Rio de Janeiro (Brasil) ©traveling-lawyer.eu

I also got a flight cancelled while being on board and before departing (to Salta). Then there was a very big storm (with hail included), which delayed the taking off (extraordinary circumstances!); when the storm stopped, and we were supposed to leave… a new delay… and later we were informed that an ice stone had hitten a turbine and then the aircraft got out of service… Unbelievable!!!!. All passengers had to leave the plane, and after waiting hours in the boarding area to get a new flight, we were finally sent to the check-in area to do the new bookings ourselves (time to run!). Once there, we could find room for the next morning, but lost a hotel night in Salta and had to pay taxis from and to the airport… 

Photo: Iruya, Salta (Argentina) ©traveling-lawyer.eu

Next “believe it or not” event, my flight was cancelled on the air. I was flying to Misiones province to attend an important event, several other guests were also on the same flight (all very excited about the weekend ahead), and about in the middle of the journey we heard the voice from the loud speaker saying something like: “We are sorry to inform that due to an emergency at the arrival airport we are obliged to go back to the point of departure” (no further information then, later we got to know about a small accident in the arrival airport, suffered by a private jet). Back to the departure airport, we were sent to the check-in area (after some time) to book a new flight (again time to run!!!); none of the guests could get a later flight, and we lost payed hotel reservations, and the event… All were given new open tickets for the same itinerary; but since they were not longer useful for me I didn’t want them, after a “big fight” with the airline on the phone and several e-mails, I got a full refund or reimbursement.

Photo: San Miguel de Allende, Guanajuato (Mexico) ©traveling-lawyer.eu

Other very unusual cancellation: flight cancelled beacuse the airline decided to abandon the route (Mexico D.F.- Buenos Aires), I was re-routed to an airport located in another country (Miami, U.S.A.) After the inicial surprise, I took it easy. Since I had a valid Visa to go to the new point of departure, I made a slight adjustement in my itinerary, bought a new affordable ticket, and spent a couple of days there with local friends, no regrets (sometimes to adapt to the new scenario is the best option)…

Photo: Key West, Florida Keys, Florida (U.S.A.) ©traveling-lawyer.eu

Last unusual cancellation of flights due to Corona Pandemic, an extraordinary circumstance (my flights to Santiago de Chile, Calama, Barcelona, and Buenos Aires were cancelled). At the beginning I got not much information, later I got vouchers (some are useful and others not), I complained and I will keep complaining if necessary (process is still going)…

I just want you to know that you are not obliged to accept a voucher, and if your flight is departing, flying within or landing in Europe, you can claim a reimbursement or re-routing (if possible), and you may be entitled to claim a compensation. I’ll guide you through the whole process so you can do it yourself. The first step is to know the regulations and what rights you have.


The Rules

There are a many regulations protecting passenger rights, but for people traveling from/to/in Europe, the most relevant is the following:

  • Regulation (EC) No 261/2004 Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, link here.

The Interpretative Guidelines on Regulation (EC) No 261/2004 are also very important, they establish common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and on air carrier liability in the event of accidents, link here.

During Coronavirus Pandemic COVID-19, the European Comission adopted interpretative guidelines and a recommendation, and published an advisory guidance, as follows:

  • Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with Covid-19 2020/C 89 I/01 (18/3/2020), to clarify the application of certain provisions, link here.
  • Information on the Package Travel Directive in Connection with the COVID-19 (19.3.2020), it is an advisory guidance on UE package travel travel rules, link here.
  • Commision Recommendation (EU) 2020/648 (14/5/2020), refers to vouchers offered to passengers and travellers as an alternative to reimbursement for cancelled package travel and transport services in the context of the pandemic, link here.

Check 1. Does it apply to you?

You need to meet one requirement from each category: A, B and C.

A. You shall be a Passenger traveling:

  • on a scheduled flight, or
  • on a non-scheduled flight, including those forming part of package tours (except if the package tour is cancelled for reasons other than the flight being cancelled).

B. Your flight shall:

  • depart from an airport located in a EC Member State; or
  • arrive to an airport situated in a EC Member State, from an airport located in a third country, and if the operating airline is a Community carrier (unless the passenger received benefits or compensation and were given assistance in that third country).

C. You shall face one of these events:

  • denied boarding against your will;
  • flight cancelled; or
  • flight delayed.

Let’s now look at the second most common problem: cancelled flights. I will explain denied boarding against your will in future blog posts. If you need to know about delayed flights, please check “How to claim compensation for delayed flights (Part 2: Process)”, link here.

Check 2. What are your rights in case of a cancelled flight?

If you meet the requirements from Check 1 (A+B+C), then you need to know which are your rights, in order to get what you’re entitled to.

If your flight is cancelled you have the right to reimbursement, to be offered a possible alternative transport or return flight (in case of connecting flights), and maybe the right to assistance and to compensation.

Cancellation occurs when the planning of a flight is abandoned (there is no need of an express decision of the airline), and comprehends the following cases:

  • the original flight schedule is left (passengers are transferred to another scheduled flight),
  • the plane took off but was forced to return to the airport of departure (passengers are transferred to another flight),
  • the flight arrives at an airport which is not the final destination indicated on the ticket, except if:
    • A re-routing was accepted (under comparable transport conditions at the earliest opportunity) to the airport of the original final destination, or to any other agreed destination; because this case is considered a delay (not a cancellation).
    • The airport of arrival and the airport of the original final destination are in the same town, city or region; because this case is also considered a delay (not a cancellation).

Check 3. What exactly can you get?

Now it’s time to check what your rights are (and then how high your compensation might be).

A. Right of Assistance

While you wait, after the cancellation of your flight, the airline shall provide you:

  • meals and refreshments in proportion to the waiting time (sometimes they give you a voucher that you can use at the airport shops and restaurants, which happened to me several times; don’t expect enough for a fancy meal, in that case you will have to pay the difference), and
  • 2 free telephone calls, emails, faxes or telex (the regulation is obviously a bit old, as you can see, do you know what telex is?);

if you have been rebooked to travel the following day, you should also get:

  • hotel accommodation and transportation between the airport and the hotel; airlines should also ensure, that accommodation is accessible for people with disabilities and their companions.

B. Reimbursement and a return flight, or re-routing and return flight

If your flight has been cancelled, you have the right to be offered the choice between reimbursement (plus a return flight), or re-routing:

  • Reimbursement whithin 7 days, for the full cost of the paid ticket:
    • for the part of the journey not made, or
    • for the parts already made and not yet made made (if the trip makes non-sense for you after the cancellation); plus a
  • Return flight to the first point of departure, as soon as possible, if you have a connecting flight; or
  • Re-routing under comparable transport conditions:
    • to your final destination at the earliest opportunity; or
    • to your final destination at a later date at your convenience (subject to availability of seats).

If the airline offers you a new flight to a different airport from the one in the original booking, it shall bear the transportation cost between both airports, or to another close-by destination agreed with you.

If your flight forms part of a package, the right to reimbursement might be ruled by Directive 90/314/EEC on package travel, package holidays and package tours; link here.

C. Compensation

You shall be paid compensation if you have not been informed of the cancellation sufficiently in advance. In other words, you have no right to compensations if you have been informed of the cancellation before the scheduled time of departure, as follows:

  • At least 2 weeks (14 days).
  • Between 2 weeks and 7 days if you are offered re-routing, and the new flight:
    • departs no more than 2 hs. before the original schedule, and
    • arrives to your final destination less than 4 hs. after the original schedule; or
  • Less than 7 days if you are offered re-routing, and the new flight:
    • departs no more than 1 h. before the original schedule, and
    • arrives to your final destination less than 2 hs. after the original schedule.

You have no right to compensation if the airline proves that the cancellation was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

If you choose to have your ticket reimbursed, the compensation will depend on the distance of your flight. If you choose a re-routing, the compensation will depend on the distance of your flight and the delay in reaching your final destination (compared to the original scheduled arrival time). I explained your rights in case of delayed flights in a previous post, “How to claim compensation for delayed flights (Part 1: Rules)”, link here.

Distance of the flightCompensation
1.500 km or less€250
More than 1.500 km (within the EU).
Between 1.500 and 3.500 km (all other flights)
€400
More than 3.500 km€600
If the airline has offered you re-routing and you reach your final destination with a delay of 2, 3 or 4 hours the compensation may be reduced by 50%

In determining the distance, the basis shall be the last destination at which the cancellation will delay the passenger’s arrival after the scheduled time. The distances shall be measured by the great circle route method (is the shortest distance between two points: airport of first departure, and airport of last arrival).

Check 4. When you don’t get a compensation?

I used the words “may”, “maybe” and “should” a lot in the paragraphs above, because there are several reasons which can exempt the airline from paying a compensation.

Extraordinary circumstances for a delay or canceled flight

Extraordinary circumstances, such as air traffic management decisionspolitical instabilityadverse weather conditionssecurity risks, or any strike that affects the operation of the airline may lead to more than one cancellation or delay of arrival at the final destination. These cases exempt the airline from paying a compensation, proven that: a) there is a link between the extraordinary circumstances and the delay or the cancellation, and b) the delay or cancellation could not have been avoided even if all reasonable measures had been taken.

A world-wide pandemic, such as the Coronavirus, is also an extraordinary event. I will refer to it below.

On the other hand, most technical problems which come to light during aircraft maintenance or are caused by failure to maintain an aircraft, or a collision of the mobile boarding stairs with an aircraft are not considered extraordinary circumstances.

CORONAVIRUS- COVID-19

At the time of writing this post, since there is so much going on in the context of the COVID-19 outbreak I decided to include a summary of the regulations, to clarify your rights:

  • You have the right to choose between a reimbursement of the ticket price or a re-routing, at the earliest opportunity or at a later stage “at your convenience”.
  • You have the right to accept or not a voucher, you can instead opt for a cash reimbursement. Reimbursement through a voucher is only possible if you agree.
  • You have the right to assistance or care, only while you have to wait for a re-routing at the earliest convenience (this right ends when you opt for a reimbursement of the full cost of the ticket, or for a re-reouting at a later date at your convenience).
  • The condition “extraordinaries circumstances” should be considered fulfilled if :
    • Public authorities either prohibit certain flights or ban the movement of persons in a manner that excludes, de facto, the possibility to operate the flight in question.
    • The flight cancellation occurs in circumstances where the corresponding movement of persons is not entirely prohibited, but limited to persons benefitting from derogations (for example nationals or residents of the state concerned).
    • No such person would take a given flight, then the latter would remain empty if not cancelled. In such situations, it may be legitimate for a carrier not to wait until very late, but to cancel the flight in good time; depending on the circumstances, a cancellation may still be viewed as “caused” by the measures taken by the public authorities.
    • Flights operated in the direction opposite to the flights directly concerned by the ban on the movement of persons; depending on the circumstances, such cancellation may also still be viewed as “caused” by the measures taken by the public authorities.
    • The airline decides to cancel a flight and shows that this decision was justified on grounds of protecting the health of the crew, such cancellation should also be considered as “caused” by extraordinary circumstances.
  • You should be informed about delays and/or uncertainties linked to you choosing re-routing instead of reimbursement.
  • Rights related to Package tours:
    • The organiser of a package can cancel the trip without penalty if he is prevented from performing the contract because of “unavoidable and extraordinary circumstances”; in that case is obliged to inform you immediately.
    • You can cancel the package travel contract because of the above mentioned “extraordinary circumstances”, and you have the right to get a full refund of any payments made for the package, within 14 days after termination of the contract.
    • You have the right to choose between vouchers or cash reimbursement for:
      • a cancelled package travel, or
      • changes made to a package travel contract (for example postponement), if the new package is of lower quality or cost, or
      • proposed substitute package, if the new package is of lower quality or cost.

Despite the context of COVID-19, note that the airline must prove that the circumstances are extraordinary, so, in case of any doubt, I would always try to get a compensation (in the worst case scenario, you will just waste some time and get a “no”).


That’s it for now. I hope you liked reading this post and find it useful, specially now with so many flights cancelled because of COVID-19. In my next post, I will explain how to actually claim your rights in case of cancellation, step-by-step. You will see that you can do it by yourself!


If you have any feedback, comment, or question please let me know. I’ll be very happy to hear from you!

Virginia, a traveling lawyer
Link to my Instagram

Categories
Delayed Flights Plane Transportation

How to claim compensation for delayed flights (Part 2: Process)

The easy step-by-step guide to help you claim your rights

Photo: Perito Moreno Glacier, Calafate, Santa Cruz (Patagonia, Argentina) ©traveling-lawyer.eu

Delayed Flight. Step-by-Step procedure to claim your rights

I assume you’ve already read the previous post, so after following the check list you know your rights in case of a delayed flight.

As I told you I had to do the research from scratch by myself back home (that’s why I’m posting photos from Argentina as memories, because I did all the complain on line from my computer). Now it’s time for you to know how to claim your rights, step by step!

Photo: Bahía López, Circuito Chico, Bariloche, Río Negro (Patagonia, Argentina) ©traveling-lawyer.eu

Step 1: Check the lenght of your delay

You have all the relevant information about your journey in the ticket, such as the reservation code and your flight’s data (airline, flight number, departure and arrival airports, scheduled departure and time, etc.)

To know precisely the scope of your rights you need to know, among other things, the lenght of the delay. You do so just comparing the departure and arrival time included in your ticket with the real ones.

  • Time of departure: check your flight status at the airline website, or at the departure airport website (using your flight’s date, time and number). I recommend you to make screen captures (and of course to save them). You are also supposed to receive an email from the airline if your flight is expected to be delayed (also keep it). If you are at the airport, look at the flight monitors, and if possible take a photo capturing the data of the delayed flight (and again, save it).
  • Time of arrival: is the time at which at least one of the doors of the aircraft is opened, assuming that at that moment the passengers are permitted to leave the airplane (as ruled by the Court of Justice of the European Union). Just in case, I want you to know that the airline should also register the time of arrival (on the basis of, for example, a signed declaration made by the flight crew or handling agent); and they should provide it to you free of charge upon request.
Photo: Cachi, Salta (Argentina) ©traveling-lawyer.eu

Step 2: Check the distance of your flight

There are several Mileage Calculators which you can find on-line, I’ve tried Web Flyer, link here. Just enter departure and arrival airports and you will know the distance of your flight.

The Interpretative Guidelines on Regulation (EC) No 261/2004 set rules to measure the distance in case of connecting flights:

  • In case of several connecting flights, the “final destination” is the one on the ticket used for the check-in; or
  • In case of directly connecting flights, the destination of the last flight;
  • In case of long delay at the final destination, the distance which determines the compensation to be paid should be based on the “great circle” distance between the place of departure and the final destination (i.e. the whole “journey”, and not by adding the “great circle” distances between the different relevant connecting flights composing the “journey”).
Photo: Ushuaia, Tierra del Fuego (Patagonia, Argentina) ©traveling-lawyer.eu

Step 3: Check which are your rights

First I recommend you to take a look at my previous post and to do the 4 steps’ check “How to claim compensation for delayed flights (Part 1: Rules)”, link here:

  • 1. Does it apply to you?
  • 2. What are your rights in case of a delayed flight?
  • 3. What exactly can you get?
  • 4. When you don’t get a compensation?

I also prepared a table to make the checking easier:

RIGHTDELAYWHAT YOU SHALL GET
ASSISTANCE2hs or more (flights up to 1500 km), expected delay

3 hs or more (intra-UE flights of more than 1500 km, or other flights between 1500 and 3500 km), expected delay

4 hs or more (any other flight), expected delay
Food and refreshments, depending on the waiting time;

2 phone calls/ faxes/ emails;

Hotel accommodation and transport to the hotel/ accommodation (if you need to stay overnight)
REIMBURSEMENT


TO BE OFFERED A RETURN FLIGHT
5 hs. or longer, long delay at departure
Right to ticket reimbursement (cost of the non-flown section; or of the total ticket, if the trip makes non sense for you after the changes due to the delay)

If a connecting flight is delayed, you have the right to be offered a return flight, as soon as possible, to the first point of departure.
COMPENSATION3 hs or more (delay at arrival);

3 hs. or more (delay at arrival), because of missing a connecting flight due to any previous delay (Single Ticket)

4hs or more (delay at arrival)

€250
Flights of 1500 km. or less

€400
Intra-UE flights of more than 1500 km.
Extra-UE flights between 1500 and 3500 km.



€600
Flights of more than 3500 km.
REDUCED COMPENSATION: 1) If you reach your final destination with a delay of 2, 3 or 4 hours, after accepting a re-routing, your compensation may be reduced by 50%; 2) If a flight from/to a non-UE country located further than 3.500 km is delayed between 3-4hs., your compensation may be also reduced by 50% (300).

As a passenger, you also have right to information, since Regulation EC 261/2004 provides that the airline must give you a written notice setting out the rules for compensation and assistance, and that shall also explain you your rights.

Photo: Valle Encantado del Río Limay, Neuquén (Patagonia, Argentina) ©traveling-lawyer.eu

Step 4: Claim it!

Right of Assistance

If you are entitled to claim Right of Assistance, do it immediately!!!!.

The airline might give you vouchers to use them at the airport. Ask anyone from the company operating the flight if you’re not offered any help.

If they don’t help you at the airport, keep all the receipts for expenses, because you can obtain reimbursement of the expenses incurred from the airline, provided they were “necessary, reasonable and appropriate”.

Right to Reimbursement and to be Offered a Return Flight

You don’t have to take the flight if it’s delayed for 5 hours or more. It doesn’t matter whose fault the delay is or the distance of the flight. So if you don’t want to take the flight, you have to immediately claim the Right to Ticket Reimbursement: full refund of the non-flown section; or a full refund of the total ticket, if the trip makes non sense for you after the changes due to the delay (in my opinion you will usually have to claim the full refund of the total ticket later, but if you try to do it at the airport there is nothing to loose!).

If your connecting flight is long delayed, you have the Right to be offered a Return Flight as soon as possible to the first point of departure.

Talk to someone from the airline as soon as you decide you don’t want to take the delayed flight to claim your rights.

Right to Compensation

For claiming a Compensation due to a long delay at arrival you need to contact the airline operating the flight (even if you booked it through another airline). I suggest to do it as soon as possible, before it’s to late; the expiration of the term to start the procedure depends on each country’s regulations, but as far as I know runs from 1 to 6 years from the date of the flight.

You can ask for help about how to claim your rights at the airport, remember that you have Right to Information.

If you cannot get any help at the airport, I recommend to check the airline web page, specially customer service, and to look for their procedure to claim compensation, which is usually on line. In case of doubt send them a written message and keep a copy (screen capture is enough if you do it on their web).

Once you know where and how to complain, you need to write your claim, including flight details and booking reference numbers. If you need to fill a form on-line, I recommend to write a word document, to save it, and to copy-paste it afterwards (I didn’t do that and lost everything I had written after clicking “send”). Save your case reference.
This is my suggested structure for drafting your letter of complaint:

  1. What you claim: compensation for long delay, and/or reimbursement of expenses.
  2. Personal data (name, last name, passport number, postal adress, phone number, email adress).
  3. Booking reference.
  4. Flight details: operating airline, flight number, date, time, itinerary.
  5. Facts: explain what went wrong, what you asked or requested, and what the airline answered, and provided or not (be clear and concise).
  6. Attached copies of relevant documents: tickets, receips of expenses, proof of the delay, etc. (always keep the originals).
  7. Compensation and/or reimbursement claimed (say exactly how much money) and include the reason why you are entitled to that compensation in accordance to Regulation (EC) 261/2004.
  8. Closing.
  9. Signature (I would also include my passport number and country).

I insist, be sure to keep copies of your claim and of any response from the airline. If you call the airline, ask and write the Name and Surname of the person answering your call, and take some notes of the conversation (including date, hour, telephone number and a summary of your requests and answers). If you claim on-line, take screen captures (as I said, you don’t usually get a copy after clicking “send” in the on-line form and you loose all the info you submitted). If you send e-mails, keep copies. If you contact the airline via postal address, also keep copies and proof of mail deliveries.

If you don’t feel like writing, there is a EU complaint Form for Air Passenger Rights, which can be used to lodge a complaint with an airline and/or a National Enforcement Body, for Passenger rights in case of denied boarding, downgrading, cancellation or long delay of their flight under Regulation (EC) 261/2004, link here. I didn’t use it because I didn’t know of its existence when I needed, I could have saved time and inspiration!.

The airline shall reply the complaint within 6 weeks of receipt.

Photo: Viaducto la Polvorilla (Tren a las Nubes), San Antonio de los Cobres, Salta (Argentina) ©traveling-lawyer.eu

If the airline doesn’t reply after 6 weeks, or if your are not satisfied with their response, you shall send the EU complaint Form for Air Passenger Rights to the National Enforcement Body (NEB) in the Member State where the incident took place. If the incident took place at an airport of departure outside the EU, you may contact the National Enforcement Body in the Member State of flight destination (worth to mention that generally they cannot take binding decisions on airlines in respect of individual complaints).

If you get a response but are still not satisfied, even following the answer from the competent authority, you can pursue the matter in Court or through Alternative Dispute Resolution (ADR).

Photo: El Bolsón, Río Negro (Patagonia, Argentina) ©traveling-lawyer.eu

That’s it for now. I hope you liked reading this post and find it clear and useful! In the next one, I will explain which are your rights in case of cancelled flights.

If you have any feedback, comment, or question please let me know. I’ll be very happy to hear from you!

Virginia, a traveling lawyer
Link to my Instagram

Categories
Delayed Flights Plane Transportation

How to claim compensation for delayed flights (Part 1: Rules)

The easy step-by-step guide to help you master the relevant regulations

Photo: Flying from Argentina to Chile, over the “Cordillera de los Andes” ©traveling-lawyer.eu

Flight Problems?

It happens to every traveler sooner or later: You have been waiting for hours at the gate without any information until you hear the voice from the loudspeaker: “Attention all the passengers for flight OOO from YYY to XXX, I’m very sorry to inform you that it has been delayed…”, or what is even worse “…it has been canceled…”

Now it’s important to keep calm and know your rights, because you are often entitled to a compensation.

Photo: Seine river, Paris (France) ©traveling-lawyer.eu

Guess what, it happened to me as well on my flight from Paris to London, which was delayed 40 minutes. Generally, such a delay is not a big deal, but in my case it was, because I didn’t know if I would be able to catch my next flight to Argentina (which was departing from a different terminal than the arrival one, and would be 14 hs. long). Neither a flight attendant helped me on the plane, nor could somebody give me any information when I asked about the delay and how to avoid loosing my next flight. When I could finally leave the plane, after landing, and was desperately running and trying to find out how to change terminals, a flight attendant from another airline helped me (I even had to take a train!). I managed to reach the check-in area for my final flight, but my electronic boarding pass wasn’t working, I looked around but there was nobody there… I went back, found someone, who sent me to the ailines’ help desk, where I was informed that the flight was closed and that -even though the plane was still there!- there was no chance for me to board, no matter what good reasons or urgency I expressed.

Photo: Eiffel Tower, Paris (France) ©traveling-lawyer.eu

So I missed the plane! and then? No more flights until the next day… and they didn’t know if there was any seat available for me… how nice!!! I took a deep breath and stayed calm, patiently waiting… After what I perceived as literally ages, I was informed that they could find room for me and make a reservation. They gave me my new tickets, a small bag with some personal stuff I would need, bus tickets airport-hotel-airport, and a voucher for a night at a nearby hotel. No further information. It was very late and I was hungry and exhausted, but had not realized it yet. Once at the hotel, which was very nice, they offered me free dinner (I was lucky, since they were starting to remove the buffet from the dining area), and I could take a shower, wear the very big white t-shirt the airline gave me (which looked like a dress on me!), and get some rest. Before falling asleep I made plans to go to the city center the next day and bought online tickets for the Heathrow Express (fastest but not cheapest way for the journey Heathrow-London-Heathrow).

Photo: Tower Bridge, London (U.K.) ©traveling-lawyer.eu

Needless to say how much I enjoyed that unexpected day in beautiful and (not surprisingly) rainy London, and I could also take some pictures that I can now share with you. I had lunch at a small kiosk near the Tower Bridge, where I also entered in some small talk with the cashier (who turned out to be a lawyer, as me!), and who had similar experiences with flights delays; because of him, I got to know that I could claim a compensation… and that was the beginning of the story, and of this blog!

Photo: Houses of Parliament, London (U.K.) ©traveling-lawyer.eu

Back at the airport, I went to the airline’s customer care desk to get information and, as you can guess, to complain a little bit, especially after getting to know that the new flight was also delayed!!!. I couldn’t believe it… then after the “good News”, they gave me the leaflet “Your rights. When there is a problem with your flight” (which was useful to do the claiming by myself), and a voucher for food and drinks (that I spent enjoying tea and fantastic cookies at the best tea shop in the UK). Finally back home, I analyzed the European Regulations, to find out how to make a proper claim to the airline by myself, and guess what?! I realized I was entitled to get the maximum compensation for missing a connecting flight due to a delay, and I had €600 on my bank account, 45 days after starting the online procedure!

I just want you to know that you may be entitled to claim a compensation and that you can do it yourself! I’ll guide you through the whole process. The first step is to know the regulations and what rights you have.


The Rules

There are a many regulations protecting passenger rights, but for people traveling from/to/in Europe, the most relevant is the following:

Regulation (EC) No 261/2004 Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

You can find the full text of the Regulation here. Also the Interpretative Guidelines on Regulation (EC) No 261/2004 are very important, link here.

Check 1. Does it apply to you?

You need to meet one requirement from each category: A, B and C.

A. You shall be a Passenger traveling:

  • on a scheduled flight, or
  • on a non-scheduled flight, including those forming part of package tours (except if the package tour is cancelled for reasons other than the flight being cancelled).

B. Your flight shall:

  • depart from an airport located in a EC Member State; or
  • arrive to an airport situated in a EC Member State, from an airport located in a third country, and if the operating airline is a Community carrier (unless the passenger received benefits or compensation and were given assistance in that third country).

C. You shall face one of these events:

  • denied boarding against your will;
  • flight cancelled; or
  • flight delayed.

Let’s first look at the most common problem: delayed flights. I will explain the other cases in future blog posts.

Check 2. What are your rights in case of a delayed flight?

If you meet the requirements from Check 1 (A+B+C), then you need to know which are your rights, in order to get what you’re entitled to. The benefits vary depending on the event, flight distance, and the duration of the delay.

Depending on the type of delay, you might have different rights:

  • Delayed Departure: You may have the right to assistance, to reimbursement and to be offered a return flight, but the scope of those rights depends on the duration of the delay and the distance of the flight (as I will explain below).
  • Delayed Arrival: You may have the right to get a compensation if you arrived at your final destination with a delay of more than 3 hours (unless the delay was due to extraordinary circumstances, which I will mention later). The amount of the compensation depends on the duration of the delay and the distance of the flight (see below).

Often, both types of delay happen simultaneously. In this case, you may get all the benefits listed above.

Check 3. What exactly can you get?

Now it’s time to check the duration of your delay and the distance of your flight to know precisely what your rights are (and then how high you compensation might be).

A. Right of Assistance

If the airline expects that the flight will be delayed beyond the scheduled departure time, as follows:

  • 2 hours or longer for flights of 1.500 km or less,
  • 3 hours or longer for flights within the European Union of more than 1.500 km,
  • 3 hours or longer for all other flights between 1.500 and 3.500 km,
  • 4 hours or longer for any other flight;

you should get:

  • meals and refreshments in proportion to the waiting time (sometimes they give you a voucher that you can use at the airport shops and restaurants, which happened to me several times; don’t expect enough for a fancy meal, in that case you will have to pay the difference), and
  • 2 free telephone calls, emails, faxes or telex (does anybody still use telex?);

if your flight is delayed even longer and you need to stay overnight, you should also get:

  • hotel accommodation and transportation between the airport and the hotel, if you need to stay overnight due to the delay. Airlines should also ensure, that accommodation is accessible for people with disabilities and their companions.

B. Reimbursement and return flight

In the event of a long delay at departure (5 hours or more), you have the right to get the reimbursement of the ticket and, if you have a connecting flight, the right to be offered a return flight to the airport of departure as soon as possible.

C. Compensation

If your flight is delayed at arrival beyond the scheduled time, then you are entitled to a compensation, in case of: 

  • delay of 3 hours or more to reach the final destination (unless the delay is caused by extraordinary circumstances, see below);
  • missing a connecting flight within or outside the EU, caused by a delayed flight which departed from an EU country (that was my case!), and if the arrival at the final destination is delayed for more than 3 hours (the airline operating the connecting flights can be EU or non-EU). In this case, it doesn’t matter how long the delay of the first flight is, as long as it is the cause for loosing the second flight and if you are flying on a Single Ticket (I highly recommend to book all the flights as a single ticket; even if is usually more expensive, it means the airline shall not only compensate you in case of delay and missing of a connection, but that should also find you a new flight).

In case of a long delay on arrival at the final destination in an EU country coming from a non-EU country, with connecting flights operated successively by non-EU and EU airlines or by EU airlines, the right to compensation will only take in consideration the flights operated by EU airlines. 

If you accept a flight to a different airport from the one in the original booking and there is a delayed arrival, you are entitled to compensation. The time of arrival used for calculating the delay is the one included in the original booking, or in the destination agreed upon with the airline. Transport costs between the alternative airport and the one in the original booking or agreed destination should be paid by the airline.

DistanceCompensation
1.500 km or less€250
More than 1.500 km (within the EU).
Between 1.500 and 3.500 km (all other flights)
€400
More than 3.500 km€600
Table: Overview of compensation depending on distance

If the airline has offered a re-routing and you reach your final destination with a delay of 2, 3 or 4 hs., the compensation (as listed above) may be reduced by 50%.

If a flight of more than 3.500 km from or to a non EU country is delayed between 3- 4 hs., the compensation my be reduced by 50% (€300).

Check 4. When you don’t get a compensation?

I used the words “may” and “should” a lot in the paragraphs above, because there are several reasons which can exempt the airline from paying a compensation.

Extraordinary circumstances for a delay or canceled flight

Extraordinary circumstances, such as air traffic management decisionspolitical instabilityadverse weather conditions, security risks, or any strike that affects the operation of the airline may lead to more than one cancellation or delay of arrival at the final destination. These cases exempt the airline from paying compensation, proven that: a) there is a link between the extraordinary circumstances and the delay or the cancellation, and b) the delay or cancellation could not have been avoided even if all reasonable measures had been taken.

A world-wide pandemic (such as the Corona virus!) is also an extraordinary event, link to important regulations refered to COVID-19 in my post “How to claim compensation for cancelled flights (Part 1: Rules)”, check “The Rules” heading, link here.

On the other hand, most technical problems which come to light during aircraft maintenance or are caused by failure to maintain an aircraft, or a collision of the mobile boarding stairs with an aircraft are not considered extraordinary circumstances.

Note that the airline must prove that the circumstances are extraordinary, so, in case of any doubt, I would always try to get a compensation (in the worst-case scenario, you will just waste some time and get a “no”).

Missing a flight because of something within your control

You are not entitled to compensation if you missed a connecting flight due to delays at security checks, or if you did not respect the boarding time of your flight at the airport of transfer. Generally speaking, you have no right of compensation if you missed a flight because of your fault (so try to always be on time, it is better to wait a little bit than to loose a flight).


That’s it for now. I hope you liked reading this post and find it useful! In my next post, I will explain how to actually claim your rights in case of flight delay. You will see that you can do it by yourself!


If you have any feedback, comment, or question please let me know. I’ll be very happy to hear from you!

Virginia, a traveling lawyer
Link to my Instagram