The volume of passengers using air transport is increasing and at the same time delays and cancellations of flights are also occurring in parallel. This makes it important to know what rights we have as passengers before or during the flight.
The most common incidences are:
- Incidents in baggage transport (Loss)
- Delay in flight
- Cancellation of flight
- Denied boarding (overbooking)
The relevant legislation is Regulation (EC) 261/2004, which applies to any commercial flight of any carrier, both Community and non-EU, taking off from an EU airport. It also applies to flights taking off from a non-EU airport to the EU, provided that the operator is a Community carrier.
The nationality and place of residence of the passenger do not matter for the application of the Regulation.
The rights granted to passengers by the Regulation are: 1. right of care (food and drink), 2. right of accommodation in a hotel, if necessary and 3. right of transport to the hotel and applies in delays according to the number of hours. If the delay is more than five hours, the passenger is entitled to a refund and to take him back to his point of origin. ,
However the most important right granted by the European Regulation is Right to compensation.
It assumes that a passenger who is delayed, cancelled or denied boarding is entitled to financial compensation from the airline. The amount varies according to the distance of the flight, ranging from 250.€ to 600.€ and without the passenger having to prove any damage.
These amounts may be reduced by half of their cash amount if the carrier offers an alternative flight no later than two, three or four hours from the original timetable and according to distance.
The airline could only avoid compensation to the passenger if the incident was not caused by extraordinary circumstances. These extraordinary circumstances do not include technical failures or even if in third star against the aircraft a ladder. If that would be included as an extraordinary circumstance the damage to a landing gear tire by a foreign body at the airport runway or the meteorological problems, third-party strike and the closure of the airport. However, these extraordinary circumstances alone do not exonerate the airline. In order to be exonerated, you must do everything possible to prevent that extraordinary event from causing cancellation or delay.
However, what happens if there is an impact on a non-Community flight operated by a non-Community airline bound for a Community airport. The Montreal Convention would apply and the passenger would be entitled to compensation although, unlike the flight to which the Community regulation applies, he would have to prove that he had suffered damage.
Practical advice: For passengers who suffer an incident on their flight, we advise first to submit the claim on the company’s website using the online form. The reason is because the claim comes directly to the airline’s customer service department.
If the company does not respond satisfactorily, it is essential to file a lawsuit.
If you are interested in this information or have suffered an incident on your flight, do not hesitate to contact the office. We can help you and assist you with your claim so that you can obtain the financial compensation that you may be entitled to.
