Delayed flight – how to get compensation? – Biznes Wprost

Flight Delay Compensation – Rules

The issue of compensation paid by air carriers for a delayed flight is governed by the Regulation of the European Parliament and of the Council of 11 February 2004. The document also specifies the conditions and form of assistance to passengers in the event of non-boarding or flight cancellation.

The regulations only protect passengers who:

  • they fly within the borders of the European Union, even if their carrier is from a third country,
  • they depart from a Member State of the European Union and land in a third country. (This applies to carriers from both member and non-member countries),
  • they depart from a third country and land in a Member State, but only if their carrier is from a country of the European Union.

Conditions for receiving compensation

The Regulation of the European Parliament and of the Council allows the possibility of granting compensation, but only for passengers whose flight has been significantly delayed. A long delay is considered landing at the final destination at least 3 hours after the agreed date.

In addition, under the law, the delay giving rise to a claim for compensation is not, even more than 3 hours, a later take-off of the aircraft, if the pilot has made up for the time lost during the flight. and that the plane arrived at the destination at the time or the delay was not and was not exceeded the 3 hours already mentioned.

For instance: the plane from Warsaw to Tenerife was due to take off at 11:30 a.m. and land at 5:30 p.m. He only left at 3 p.m., 3.5 hours late, but the pilot managed to land at 8 p.m., 2.5 hours later than planned. According to the law, the delay was 2.5 hours, so passengers on this flight are not entitled to any compensation.

Circumstances exempting the carrier from liability

You should also bear in mind that the Rules of Procedure of the European Parliament and of the Council provides for situations in which, despite a flight delay of at least 3 hours, the airline is not obliged to pay compensation to passengers and is relieved of responsibility for the situation. These are the so-called extraordinary circumstances. These are situations where the carrier participated in avoiding or reducing a delay that occurred, but despite all reasonable measures, the delay could not be avoided. The regulation gives possible examples of extraordinary circumstances. These are:

  • political instability,
  • adverse weather conditions,
  • security threats,
  • unexpected technical faults of the aircraft,
  • workers’ strikes.

How do I get compensation for a delayed flight?

Before attempting to claim compensation for delayed flight, you need to make sure your situation is eligible for compensation. If the case meets the above conditions, the injured party the passenger must prepare any proof of participation in a given flight. It may be, for example, a document received as part of a ticket reservation. It doesn’t have to be a boarding pass. Several airlines have requested this document and rejected complaints in the absence of it, but in 2019 a judgment by the Court of Justice of the European Union put a stop to these practices.

You should contact the relevant carrier for compensation. Many airlines (including Ryanair, Wizzair and LOT) have a form on their websites designed for such situations. You just have to fill it out and send it by e-mail. However, if the carrier does not offer such an option, it is necessary independently build the application and send it to the email address provided on the airline’s website.

You can also first call the telephone number intended for passengers and find out about the possibilities and how to lodge a complaint in the case of a specific carrier. The regulation of the European Parliament and of the Council obliges airlines to inform passengers of their rights, including due to flight delays.

Claim for compensation for flight delay

If you need to create a flight delay claim yourself, be sure to include it enter your personal data, address and bank account number on which you wish to receive compensation. You must also properly address the document, i.e. provide the correct contact details of the carrier. Also remember to specify exactly which flight you are talking about. Specify the time of the trip, its route, the exact delay, etc. Attach proof of reservation for the flight to be attached to the request.

Don’t hesitate to file a complaint. Passenger claims in connection with a delayed flight expire one year from the date of the unlucky trip. After this period, you cannot sue the carrier either if it refuses your claim for compensation.

The amount of compensation for a delayed flight

The amount of compensation for a delayed flight depends on the length of the itinerary and whether the journey took place inside or outside the European Union. Here are the applicable compensation rates:

  • EUR 250 for a flight within the European Union and a journey up to 1,500 km,
  • EUR 400 for a flight within the European Union and a journey of more than 1,500 km,
  • EUR 400 for a flight which begins or ends in the European Union, but which also takes place in the airspace of the third country or countries and for a distance of up to 3,500 km,
  • EUR 600 for a flight that begins or ends in the European Union, but also in the airspace of one or more third countries and for a journey of more than 3,500 km.

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