Unfortunately, airline compensation is notoriously tricky to obtain. This is in part to carriers’ reluctance to volunteer the appropriate sums, but also due to weary, frustrated travellers not fully realising what they are entitled to. The answer is to be fully aware of what you are due in accordance with the EU Regulation 261/2004. Brush up on the fundamentals now, to make sure that even if your summer holiday takes a nosedive, you can guarantee a smooth landing.
Understand your Flight
Firstly, be aware that these rules only apply to EU flights. These are qualified as:
Flights departing from an EU airport, by any airline (EU or non-EU);
Flights between EU destinations, by any airline; or
Flights arriving in the EU, but only if they are with an EU airline.
Also, the further you’re travelling, the more compensation you can claim. Flights fall into three brackets:
Short haul: any flight shorter than 1,500km
Medium haul: flights between 1,500km and 3,500km, or any EU flight exceeding 1,500km.
Long haul: any flight travelling outside of the EU exceeding 3,500km
If your travel involves connecting flights, it’s useful to know that the distances above relate to the last destination affected by the delay. This means if disruption causes you to miss several short connections you may fall into a higher bracket.
Delays
Your flight has to be delayed for a certain amount of time before the EU law applies:
Short haul: delays of 2 hours or more
Medium haul: 3 hours or more
Long haul: 4 hours or more
Once these limits have been reached, the airline has to provide appropriate care, and if the delay exceeds 5 hours you can claim for a reimbursement of any unused tickets.
Cancellations
Cancelled flights are always eligible for re-routing or reimbursement. You should also be given appropriate care (refreshments and accommodation where necessary).
Also, depending on when you were made aware of the cancellation, you may be entitled to additional compensation. For example, if you receive less than 7 days’ notice, any alternative route offered must leave within an hour of your original departure, and allow you to reach your final destination no more than 2 hours late – otherwise, you can claim.
Extraordinary circumstances
The phrase "extraordinary circumstances" refers to disruptive events that are deemed entirely beyond the control of the airline, providing they have taken all reasonable measures to avoid it.
These incidents may include volcanic eruptions, terrorist acts or industrial strikes, but the phrase is often used as a shield by operators reluctant to cough up. Pay attention to the claims made by the airline and look for evidence to support or refute it – for example, if you are told “bad weather” is causing the problem, are other flights travelling through the affected area?
Reimbursement and Re-routing
Refunds for unused tickets must be paid by the airline within 7 days, by cash, cheque or bank transfer. Air vouchers or other forms of payment are only acceptable if you specifically agree to them.
If you still wish to travel, you may decline a refund of your ticket and opt instead for an alternative route via "comparable transport" to your intended destination, which can be taken at your convenience. Your route may include another transport hub within reason – such as another city airport or rail station.
Compensation
In addition to reimbursement or re-routing, you should claim compensation if it is due. The maximum compensation for each band is as follows:
Short haul entitlement: 250 EUR each
Medium haul entitlement: 400 EUR each
Long haul entitlement: 600 EUR
If an alternative route is provided, and you reach your destination within a reasonable time ( 2 hours of your intended arrival for short-haul trips; 3 hours for medium haul; 4 hours for long-haul), this compensation may be halved.
Appropriate Care
Once your flight is reasonably delayed or cancelled, you are entitled to free refreshments proportionate to your delay, and suitable accommodation should your disruption force you to stay overnight. The airline will have recommended hotels for you to use and must refund transport between the airport and where you stay. Keep any receipts you receive.
Don't be swindled by an airline that doesn't want to pay. If you can't find a resolution, contact the Civil Aviation Authority (CAA), who will advise if they think your case is worth pursuing, and what steps you can take. Sometimes this ruling is enough to convince the airline to pay, otherwise, you may have to take them to court. If you wish, you can hire professional representation, like George Ide Lawyers, but this may not be necessary as disputes under the value of £10,000 are eligible for the small claims court.
Have you ever been delayed on a flight?
* Guest post by Dakota Murphey.
