Get Paid For Flight Delay

Air Passenger Rights Introduction: Compensation and Beyond

Millions of air passengers travel each year, but a large number do not realize that there are air passenger rights to protect them while in transit.

If your flight was delayed, cancelled, or overbooked, you could be entitled to up to £510 (€600) in compensation.

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FLIGHT CANCELLATION COMPENSATION

What’s the only thing more annoying than flight delays? Flight cancellations! Did you know you may have the right to claim up to €600 for flight cancellation compensation under EU law? Sometimes even if the airline has already arranged a replacement flight.

How do I know if I am eligible for flight cancellation compensation?

Under EC 261, you are entitled to cancelled flight compensation if…

  • Your canceled flight was set to depart from the EU (with any airline) or scheduled to land in the EU (provided the airline is headquartered in the EU).
  • The airline notified you of the cancellation less than 14 days before the flight was due to depart.
  • If you took a replacement flight, your new arrival time was significantly different to your original flight (exact times below).
  • The cancellation occurred within the last three years.
  • You had a confirmed flight reservation – shown by a booking confirmation complete with information like the flight number and name of passengers.
  • The reason for the cancellation was within the airline’s control (e.g. operational circumstances, technical difficulties or airline staff strikes).
Definition of flight cancellation

An airline considers a flight cancelled if the plane never left the tarmac.

The EC 261 regulation defines a cancelled flight as,

“The non-operation of a flight which was previously planned and on which at least one place was reserved”.

An airline can cancel a flight for a number of reasons. Sometimes, problems like bad weather or security risks can create a knock-on effect leading an airline to pull the plug on a flight.

However, when an airline cancels your flight, you may be eligible to receive flight cancellation compensation.

EU regulation EC 261 gives passengers the right to be reimbursed up to €600 for flight cancellations – providing certain criteria are met. We’ll go into detail on how much flight cancellation compensation you could be entitled to below.

Remember that a flight that takes off late, i.e. a delayed flight, is not a cancelled flight. However you may still be entitled to flight delay compensation if you arrived in your destination over three hours late.

My flight was cancelled…what happens next?

The most important thing to know is that the airline must offer either a new flight or a refund.

In addition, if your flight was cancelled within 14 days of the scheduled departure you could be entitled to compensation as well. We’ll break down all your entitlements below.

Flight Refund or Re-routing

When it comes to flight cancellations, EC 261 makes it clear that the airline must offer the passenger the following three choices:

  • A full or partial refund of your original ticket – and a return flight to your original point of departure if needed.
  • The earliest possible alternative transport to your final destination.
  • A new ticket to your final destination at a later date of your choosing, subject to availability.

Let’s break down what your choices are here.

Refund:

This is a simple choice if you are yet to take any portion of your flight. You will be refunded the full cost of your ticket.

However if you have already departed it’s a little more complex. You can get a refund for the unused portion of your ticket.

If you have used part of your ticket, but because of the cancelled flight it’s no longer serving your original travel plan, you can get a refund for that used portion of the ticket too.

Whenever relevant, the airline must also provide you with a return flight to the first point of departure, and at the earliest opportunity.

Either way, EC 261 says you must be reimbursed within 7 days.

Earliest possible alternative:

Under this choice, your airline must provide you with a new means of getting to your final destination as soon as they can. EC 261 specifies it must be under comparable transport conditions too.

Alternative on a convenient date for you:

If you would prefer, you can opt to take the alternative transport to your final destination on a different date – subject to seats being available of course. Again EC 261 specifies the alternative transport must be under comparable conditions.

A note about your final destination: Although airlines may offer to fly you to alternative airports to the one you originally booked, they must pay to transfer you to the original airport. Or to a nearby address if you agree that with them.

How much am I entitled to? 

If the airline notifies you of the cancellation less than 14 days before departure, you could be entitled to compensation. EC 261 specifies amounts for flight cancellation claims – up to as much as €600 per person.

The exact figure depends on several factors:

  • Travel distance
  • Whether your flight is within the EU or not
  • Length of delay (based on how much later the alternate flight would be when it arrived at your final destination)

Compensation based on the length of delay (alternate flight vs. original flight): 

Under 2 hours2 – 3 hours3 – 4 hoursOver 4 hoursNever arrivedDistance
€125€250€250€250€250All flights 1,500 km or less
€200€200€400€400€400Internal EU flights over 1,500 km
€200€200€400€400€400Non-internal EU flights 1,500 km – 3,500 km
€300€300€300€600€600Non-internal EU flights over 3,500 km

 

You can see that the compensation amount is sometimes half, depending on the amount of time you would be delayed in arriving at your final destination (compared to your originally booked flight).

Under EC 261, all cancelled flights qualify for compensation when the airline has given you less than 14 days’ notice, with one exception.

If the airline offers to re-route you, it can avoid paying cancellation compensation if the following criteria are met:

Advance NoticeRe-routing Requirements
14 DaysNone
7 – 13 DaysAlternative flight departing no more than 2 hours before and arriving less than 4 hours after the original flight
Less than 7 DaysAlternative flight departing no more than 1 hours before and arriving less than 2 hours after the original flight

 

Other Flight Cancellation Entitlements Under EC 261

Right to Care

When you’re stuck waiting for the airline to get you back on track, you’re entitled to necessary assistance from the airline, depending on your situation.

For example, if your flight cancellation leaves you stuck waiting at an airport, the carrier must provide you with meals and refreshments during the delay. They must also offer you access to communications, including two telephone calls, telefax or fax messages, and emails.

If you need overnight accommodation, they must provide you with a hotel room and transport to and from the airport.

Upgrading and downgrading

If you’re offered an alternative flight and are lucky enough to be placed in a higher class than the one you booked, the carrier cannot charge you any additional payment.

On the other hand, if the class of the alternative flight is lower, you can get a reimbursement of between 30-75% of the price you originally paid.

Obligation to inform passengers about flight cancellation compensation

You have the right be informed about the content of EC 261. Every airline has to display information on passengers’ rights at their check-in counters at every airport in which they operate.

Further compensation

Your right to compensation under EC 261 does not affect your right to request further compensation. Although this rule does not apply in cases where passengers have voluntarily surrendered their reservations. Note if you do claim further compensation the amount you are entitled to under EC 261 may be deducted from whatever additional compensation you receive.

Where does EC 261 apply?

Most routes that take off from a European airport are covered. And we should point out that Europe covers more of the world than you might expect. The regulations cover the so-called “outermost regions” (the Canary Islands, Madeira and the Azores, French Guiana and Martinique, Mayotte, Guadeloupe and La Réunion, and Saint-Martin). Plus European nations that are members of the EEA: Iceland, Norway, and Switzerland.

Even if your flight was scheduled to depart from outside Europe, if your destination was in Europe and you were flying with a European carrier, you’re covered. It’s easier to explain with a chart:

 
ItineraryEU Air CarrierNon-EU Air Carrier
From inside the EU to inside the EUCoveredCovered
From inside the EU to outside the EUCoveredCovered
From outside the EU to inside the EUCoveredNot Covered
From outside the EU to outside the EUNot CoveredNot Covered
Extraordinary Circumstances Are Not Covered

One way airlines avoid paying flight cancellation compensation is if they can show the cancellation was due to “extraordinary circumstances.” That means that the reason behind the cancellation was something outside of their control. Airlines argue in these circumstances they could not have avoided cancelling the flight, even if all reasonable measures had been taken.

Typically situations like lightning strikes, medical emergencies, serious adverse weather conditions, acts of sabotage or terrorism all fall under this exclusion.

There is some debate over what should be considered as “extraordinary circumstances”. Often airlines give reasons like “technical difficulties” or “operational circumstances” as the cause of a cancellation. The European Court of Justice (ECJ) has repeatedly stated that those don’t qualify as “extraordinary circumstances.” In April 2018 the European Court of Justice also rules that strikes by flight staff are not “extraordinary circumstances” meaning that passengers should receive compensation for flight cancellations resulting from airline staff strikes.

Connecting Flights and Cancellation Compensation

What you are entitled to when a connecting flight is cancelled is a question with no simple answer.

t depends on a multitude of factors, including where you were flying, whether you were flying with an EU carrier, which flight was cancelled, and whether all the flights were purchased under the same booking.

In general, so long as the flights were bought together, under one booking, the rules of EC 261 will apply.

So if your whole journey (with a connecting flight) departed from Europe, or was scheduled to arrive in Europe on an EU airline, your entire journey should be covered – and the amount of compensation you receive should be based on the total journey.

However, some EU courts interpret the regulation differently and may not include prior connecting flights in the eligible distance.

Claiming flight cancellation compensation

If you’re traveling to or from the European Union, here’s what to do when your flight is unexpectedly cancelled:

  • Collect proof that your flight was canceled, e.g. boarding pass, vouchers and any other travel documents.
  • Get the airline to provide written confirmation of the cancellation and reasons behind it.
  • Request an alternate flight to your destination – or a refund.
  • Make a note of the arrival time at your destination.
  • Ask the airline to pay for your meals and refreshments.
  • Don’t sign anything or accept any offers that may waive your rights.
  • Get the airline to provide you with a hotel room, if needed.
  • Keep your receipts if your canceled flight ends up costing you extra money.
How Africlaim can help you claim 

If you’re going to file a compensation claim under EC 261, you can expect some delaying tactics from the airline. Just because the law is on your side doesn’t mean they are going to be excited to pay you.

That’s where Africlaim comes in. We can handle all the contacts and negotiations with the airline on your behalf.