The easing of the global COVID-19 pandemic has expectedly led to an increase in travel, including air travel. Despite the positive emotions they bring us, airplane flights are sometimes accompanied by less than pleasant experiences. Therefore, if you fall into one of the following groups of travelers, keep reading because this article is just for you:
- Have you ever waited for hours at the airport because your flight was delayed?
- Was your flight cancelled?
- Have you been denied boarding against your will?
- Has your luggage ever been damaged, delayed or lost during a flight?
- And maybe you haven’t fallen into the above hypotheses, but you want to know how to act and what rights you have in case you ever do?
In 2004, the European Parliament and the Council of the European Union created Regulation 261 (or EC No. 261 for short), which establishes the general rights for compensation and care for passengers in the event of a delayed or canceled flight and denied boarding. In this article, we will look at the most common problems when traveling by plane, our rights as passengers, incl. the right to receive monetary compensation, and the legal regulation of this matter according to Regulation (EC) 261/2004.
Our flight is late. What are our rights and options?
One of the most common hypotheses when traveling by plane is the flight delay. Sometimes it can be minimal, but in case of a delay greater than 2 hours, a number of rights are provided for the benefit of passengers, which we will consider below:
- A delay of more than 3 hours from the pre-scheduled arrival time of the flight gives you the right to receive compensation from the airline of up to €600, according to Regulation (EC) 261/2004. The amount of compensation depends on the distance of the flight, namely: compensation of €250 for flights up to 1500 km; compensation of €450 for flights between 1500 km – 3500 km; €600 compensation for flights over 3,500 km;
- Regulation (EC) 261/2004 provides that compensation to passengers should not be paid when the flight delay is due to extraordinary circumstances , which could not have been avoided, even if all reasonable measures had been taken. Such circumstances are, for example, political instability, weather conditions incompatible with the operation of the flight concerned, security risks, unexpected defects in the flight safety system and strikes affecting the operation of the air carrier. It should be noted that a number of airlines refuse to pay compensation to passengers on the grounds of the existence of an extraordinary circumstance, even though such does not actually exist.That is why it is important to turn to a specialist in the field of law, who will adequately and promptly protect your legally recognized rights.
- If your flight is delayed by more than 2 hours , you are entitled to care provided by the airline, which includes:
- complimentary drinks and food to match the time of your stay;
- free accommodation in a hotel in cases where you have to stay for one or more nights, or when an additional stay beyond the one originally planned by the traveler is required;
- the airline is obliged to provide you with free transport between the airport and the place of accommodation (hotel or other place);
- two free telephone calls, telex or fax messages, or electronic messages.
- If your flight is delayed by more than 5 hours , you have the choice between rerouting or refunding the price of the ticket in case you decide not to travel. In addition, if your flight reaches its final destination with a delay of 3 hours or more, you may be entitled to the same compensation as that offered when the flight is canceled (€250 for flights up to 1500 km; €450 compensation for flights between 1500 km-3500 km and €600 compensation for flights over 3500 km), unless the air carrier can prove that the delay is due to extraordinary circumstances.
Our flight has been cancelled. What are our rights and options?
It is not uncommon for an airline to cancel a flight. Therefore, Regulation (EC) 261/2004 provides for compensation for your inconvenience by paying monetary compensation when you have been notified of the cancellation less than 14 days before the flight date. The amount of compensation is as follows: €250 for flights up to 1500 km; €450 for flights between 1500 km-3500 km; €600 for flights over 3500 km.
- If your flight is delayed by more than one hour, it is considered a canceled flight . Therefore, you are entitled to compensation as in the case of a canceled flight, as stated above.
- And in the case of flight cancellations, Regulation (EC) 261/2004 foresees scenarios in which the responsibility of the airline is not engaged, namely in the presence of extraordinary circumstances – strike action, bad weather conditions, terrorist act, etc. We advise you to question such motives, as there are a number of known examples of unjustified refusals to pay compensation by airlines based on some of the stated circumstances.
- Canceling the flight gives you the right to choose between rerouting or refunding the price of the ticket . In case you choose rerouting, you have the right to care, which means that the airline should provide you free of charge:
- food and beverages corresponding to the time of your stay;
- two telephone calls, telex or fax messages, or electronic messages;
- hotel accommodation and transportation between the airport and accommodation if the replacement flight departs on the following day.
They deny us access to board the plane. What are our rights and options?
Although the percentage of such hypotheses is small, there are still enough such situations that we do not neglect to consider the rights we have when it happens to us.
- We would only be entitled to monetary compensation from the airline if we were on time at the boarding gate and the crew denied us access to board the aircraft , ie when we are fine as passengers but are still not allowed to board the plane. There are usually two main reasons for denial of boarding: operational error by the carrier airline or aircraft overload. Regardless of the reason given, if you have met your obligations to be on time at the gate and have the relevant valid travel document and ticket, you are entitled to compensation for the inconvenience caused to you in the form of unjustified denial of boarding. It is extremely important that you keep your boarding pass and ask the carrier for a denied access document.These are your guarantors of receiving compensation.
- No monetary compensation is due to us for denied access when we voluntarily give up our seat . In some of these situations, airlines offer vouchers, points or cash to passengers who voluntarily give up their seats and fly on a later flight. Of course, traveling with an invalid passport or without a visa (if required) are grounds for denial of boarding, resulting in passengers not being entitled to monetary compensation.
- In case of denied access on board the plane, we have the right to choose between refunding the price of the ticket or rerouting . If we choose rerouting, we are entitled to care provided by the airline, expressed as free of charge:
- food and drinks corresponding to the time of our stay;
- two telephone calls, telex or fax messages, or electronic messages;
- hotel accommodation and transportation between the airport and accommodation if the replacement flight departs on the following day.
Problems with our luggage – it’s damaged, delayed or lost. What to do before and after finding the problem?
There is hardly a person traveling by plane who has not at least once encountered a situation with damaged, delayed or lost luggage – as a personal sufferer or at least as a witness. That’s why below we will give you valuable advice on what to do if you come across any of the above scenarios with a luggage problem.
- Preventive measures – we advise you to take a photo or video of the contents of the suitcase, taking into account what items not to put in checked baggage (such as a tablet, laptop, camera or other valuables that are good to carry in your hand luggage). Remove tags from previous trips and put a badge on your suitcase with your name, address, email and phone number to make it easier for the airline to contact you if necessary. Also consider insuring your valuable luggage when traveling.
- After finding a problem with your baggage – Once you find that there is a problem with your baggage (damaged, non-arrival, etc.), immediately go to the Baggage Claims desk at the airport itself, where you need to fill out the so -called PIR – a special protocol in which to describe the problem. You should also fill out a similar form within 7 days of discovering the problem on the airline’s website . If you purchase the so-called essential items, keep the receipts for them and you can later claim reimbursement from the airline. In any case, when your baggage does not arrive within 21 days, it is considered lost and you should submit a new form on the carrier’s website to claim compensation for your lost baggage. Its maximum amount is regulated in the Montreal Convention and is up to around 1,600 €, depending on the actual value of the damage in the specific case. When submitting the form, you should send a copy of the tickets and baggage tags, the initially completed PIR at the airport counter, and photographs if you have them.
Professional legal assistance in case of in-flight problems
Each passenger has the opportunity to personally contact the airline with a request for compensation. However, and in view of the frequent practice of carriers to unnecessarily prolong the process and/or refuse to pay monetary compensation, refund the value of tickets paid by passengers, etc., we advise you to contact qualified legal assistance to protect your rights and legal interest. In addition to largely guaranteeing your success, you save time and unnecessary nerves that inevitably accompany the process of making a claim to the airline for payment of compensation.
For further information, please contact:
Antonina Khrteva , Lawyer
Mikinski & Partners, Sofia
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