In 2004, the EU Parliament adopted the rules that today ensure that air passengers have refund and compensation rights in the event of a delayed flight, regardless of whether their flight was with SAS, Lufthansa, British Airways, or any other airline.
This means that as an airline passenger, you have rights in the event of a delayed flight. However, each case has to be evaluated if it is actually eligible for compensation and refund. If the reason for the flight delay is beyond the airline’s control, you as a passenger will not be entitled to financial compensation. These cases are force majeure such as irregular weather conditions, terrorism, strikes, etc.
Air passenger rights in the event of a delayed flight
If your flight has been delayed, it is important that you arrive at the airport for the scheduled travel time, unless the airline has announced otherwise in writing. This helps to secure your rights for the delayed flight.
If you have experienced a delayed flight, your rights may include compensation and reimbursement for meals and accommodation. Be aware, however, that in some cases you will have to pay for the extra expenses of food and hotel yourself, and later apply for a refund. You should therefore keep all your receipts. Keep in mind that the hotel accommodation and meals should be considered both reasonable and necessary.
What can you claim when you experience flight delays?
It is the airline’s duty to inform you in writing, about your rights in the event of delayed departure/arrival.
If necessary and reasonable, you will have the right to have the following expenses covered during the delay:
- Accommodation
- Transport between airport and hotel
- Food and drink
- Two phone calls, as well as the possibility to send e-mail
You will also be able to seek compensation for the delay in some circumstances.
Right to compensation in case of delayed flight
Your compensation right in case of delayed flight is based on how long the delay was, as well as the distance of the flight.
The compensation is defined according to the following rules:
- € 250 – Minimum 3 hour delay for distances of less than 1,500 km.
- € 400 – Minimum 3 hour delay for distances between 1,500 and 3,500 km.
- € 600 – Minimum 4 hour delay for distances of more than 3,500 km.
Please note, however, that if the airline has offered you an alternative flight to the respective destination, they can deduct 50% of the compensation amount if you are:
- Minimum 2 hours delayed on distances below 1,500 km.
- Minimum 3 hours delayed on distances within the EU and over 1,500 km.
- Minimum 4 hours delayed on distances over 3,500 km.
Your rights in the event of delayed flights may also apply if your flight has been diverted to another airport, the flight you were to take on was overbooked and you were denied boarding, or in the event of a canceled flight. You also have the same rights for package holidays, where the flight is included. This means that you can also recover compensation from trips booked through one of the many travel agencies.
Flight delay due to extraordinary circumstances
Extraordinary circumstances are events that can occur unpredictably and that are completely out of the airline’s control. Most of the time or very commonly these so-called ”extraordinary circumstances” cause flight delays. These extraordinary circumstances range from events such as bad weather, work stoppages, terrorism, etc. In some cases, airlines use ”extraordinary circumstances” as an excuse to not pay passengers their rightful compensation, when the delay wasn’t caused by an extraordinary circumstance. Therefore it is always a good idea to observe the real reason for the delay and at Air Delay you can get help with assessing your case.
EU Regulation on flight cancellation and flight delay
The EU Regulation 261/2004 is a regulation that establishes air passenger rights and different rules regarding a delayed or canceled flight. This regulation applies to airlines and passengers travelling from or to Europe. The EU Regulation specifies that if a flight is delayed, the airline must pay for food and drinks, and if the flight is delayed overnight then the airline must pay for the hotel accommodation as well.
As mentioned above the flights that are under the EU Regulation, are the flights that are traveling to or from Europe. More specifically a passenger is entitled to compensation if:
- The flight is within the EU and is operated either by an EU or a non-EU airline
- The flight arrives in the EU from outside the EU and is operated by an EU airline
- The flight departs from the EU to a non-EU country operated by an EU or a non-EU airline
Claim flight delay compensation
When you experience delayed flights and canceled flights it might be good to look better into your rights in order to evaluate better if you are entitled to compensation. There also may be cases where you are denied boarding due to overbooking or that delayed or canceled flights are caused by air traffic control. These are also some cases where they can turn out to be quite tricky and too complex for you to understand in order for you to get flight compensation. A flight disruption that affects a scheduled departure happens every day, therefore it is a very convenient thing to know your air passenger rights just in case it might happen to you.