How To Claim EU Compensation For Flight Delays

How To Claim EU Compensation For Flight Delays
EU legislation provides passengers with financial compensation if their arrival has been significantly delayed.

One of the better things about traveling in and around Europe by airplane — aside from the comparatively cheap fares and the ease of getting between two distinctly different places in a short period of time — is that the rights of the passenger are much more highly valued than they are in nearly any other country or region.

According to the European Union’s Flight Compensation Regulation 261/2004, passengers who are inconvenienced by an unplanned disruption to their journey are required to be financially reimbursed for their troubles. The ruling covers people who are denied boarding, who have their flights canceled or who have their arrivals delayed, and, with some limited exceptions, applies to flights that either take off from or land in a country that is a member of the European Union.

Of course, securing compensation is not always easy, and there are a number of firms that will help guide affected passengers through the various roadblocks that inevitably will be set up. Don’t worry about any of those. With a little bit of time and persistence, obtaining compensation for a disrupted journey is relatively easy. Here’s how:

1. Know your rights

In order to be able to make a case for compensation, make sure the regulations apply to you. The flight must arrive in or depart from a European Union country, and you must be traveling on a ticket that you paid for in full — that is, not a free or promotional ticket, unless it has been obtained through a frequent flyer program.

Significant changes that occur on the day the flight is scheduled to take place are covered by the regulation, and some that are made in advance can be covered, too, depending on how much notice is given and how much the journey is affected. If the timing of a flight is changed more than two weeks in advance, it is unlikely to qualify.

Generally, passengers must be compensated different amounts depending how long they arrive after the scheduled time as well as the distance they travel. Those levels are:

  • A flight less than 1,500 km in distance that is delayed more than two hours: €250 per passenger
  • A flight between 1,500 km and 3,500 km in distance that is delayed more than three hours: €400 per passenger
  • A flight greater than 3,500 km in distance that is delayed more than four hours: €600 per passenger

Thus, anyone who left Lisbon and arrived in Munich more than two hours after their scheduled arrival is obligated to be compensated €250. Anyone who leaves Paris and arrived in Chicago more than four hours after their scheduled arrival must be paid €600. Know, too, that these rates are non-negotiable; an airline cannot try to settle with passengers and instead offer a different amount.

Also, passengers who are unable to leave until the following day are required to be given reasonable meals and accommodation. This reimbursement is separate from the compensation due under EU regulation and should not be deducted from the total cost due.

One way to make sure that your rights are not being infringed is to ask an airline representative for a copy of the EU regulation. Those at the check-in counter or at the airline’s gate are required to make these available to passengers when approached.

2. Prepare your statement

Most airlines should offer a chance to make a claim through their website’s customer relations portal. With your details prepared, draft a letter outlining how you have been inconvenienced and let the airline know that you are due compensation as a result. Be brief, yet stern, to let the airline know explicitly what you are claiming and that you are aware of your rights.

A simple letter can read as follows:

Dear Sir or Madam,

I am writing regarding [airline] flight [number] on [date] from [departure city] to [arrival city], which was scheduled to depart at [time]. My booking reference number is [number].

[Give a brief background of what happened, including any details of when you were bumped from a flight or when the flight was canceled, as well as when you arrived at your intended destination.]

The judgment of Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

The scheduled flight length was [distance] kilometers. Therefore, I am seeking compensation in the award of [amount].

I look forward to hearing from you and welcome a response within 14 days.

Regards,

[Your name as it appears on the reservation]

Once you have completed the letter, file it through the appropriate channels on the airline’s website or via email to its customer service team. A response is unlikely to come for some time, so be patient.

Remember, too, that all correspondence may be needed at some point later in the process, so keep a copy of all letters and emails that are drafted and, if necessary, take notes off of any phone calls with an airline’s customer service representative, including the time of the discussion and the individual’s name.

3. Ready your rebuttal

At this stage, the airline will likely dispute your claim, citing that the disruption to your journey was “caused by extraordinary circumstances that could not have been avoided by any reasonable measure.” This specific reason is the only one granted by the EU regulation that allows otherwise valid claims to be rejected and the airline is likely to try to go this route in order to avoid payment.

This is where research and preparation will help. In my case, I recently filed a claim against British Airways for a flight that was canceled 34 hours ahead of time, stranding me in Prague. The airline tried to claim that crew illness was the reason for the cancellation and it labeled it as an “extraordinary circumstance,” but I was fortunate — the airline has tried this several times before in the event of crew illness, and two specific legal challenges to this rule in UK court (Smith & Collinson V British Airways PLC, handed down in Staines County Court in April 2015, and Davies V British Airways PLC, handed down in May 2015 at Staines County Court) proved it invalid.

Searching through court records is not an easy task, especially if the claim is against an airline headquartered in a country where the language is not English, but a number of online portals and message boards dedicated to EU claims should help facilitate research.

Finally being in the air can be a relief to passengers who have experienced significant flight delays.

4. Escalate your claim

After drafting a response that referred to the previous legal rulings, I submitted my response to the airline and again waited several weeks for a response. It was, of course, met with another denial — at which point I let British Airways know that I would further my case through outside means.

This is where most claimants would drop their requests, but this is also a crucial step for the airlines as they know any further challenge will force them into action. Pursuing action in a small-claims court will be effective, but it can be time-consuming, especially if the claim is in a different country or if you need to retain a lawyer who can converse with you in English. Depending on the number of people in your traveling party, it may also eat through the compensation cost fairly quickly.

Finally being in the air can be a relief to passengers who have experienced significant flight delays.

In some countries, an alternative to filing a lawsuit is by going through a recognized dispute resolution scheme. In the United Kingdom, that falls under the Civil Aviation Authority (CAA), in which an outside counsel, free of charge, will review the complaint on both parties’ behalf. There are specific requirements to submitting a claim, including the need for eight weeks to pass without a satisfactory resolution, but the independent arbiter will help determine who is right.

Fortunately, I did not need to get that far with my claim. After six weeks of pursuing compensation, I ended my final letter to British Airways by letting them know I was frustrated with their stonewalling and would be deferring to the CAA for advice while simultaneously retaining the services of a lawyer. Within 24 hours, the representative wrote back to say the airline would take another look at my claim — and magically, days later, my claim was deemed valid.

5. Run to the bank

Once the airline recognizes your claim, the last part is to arrange the payment. Request that the airline pay you in euros and let your bank do the exchange for a more beneficial rate. In most cases, it would be wise to receive a check in order to have the paper trail, but in the interest of urgency, a direct deposit may also be an option.

The entire process will require time and patience, but not a lot of effort; all told, my check arrived six weeks after making the initial claim, and it took about 90 minutes, writing five letters to British Airways, to assert (and win) my claim.

And who knows? Depending on how many people you traveled with, and the size of the claim, you could have just ended up with a significantly discounted vacation — or funds for your next one.

Disclaimers: All products, services and experiences were paid for and arranged by the author and the vendors named herein had no editorial oversight of this piece. All photographs were taken by and remain the property of the author; contact for republication rights.

Zac Boyer

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