Compensation for delayed flight - a practical guide

A cancelled connection, a delay of several hours or denied boarding are situations that can ruin even the best-planned trip. Fortunately, airline passengers in the European Union enjoy strong legal protection which guarantees them compensation in many cases of travel disruption. Unfortunately, carriers often make it difficult to pursue these claims, hoping to discourage the passenger.

Legal basis - Regulation (EC) No 261/2004

The key piece of legislation protecting passengers is Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004. It regulates the compensation and assistance to passengers in the event of:

  • Refusal of boarding
  • Flight cancellations
  • Long flight delays

When is compensation due?

1. flight delay

Passengers are entitled to compensation when they have reached their final destination with a delay of at least:

  • 3 hours - for flights within the EU and flights of up to 1500 km
  • 3 hours - for other flights of up to 1500 km
  • 3 hours - for flights of 1500-3500 km
  • 4 hours - for flights of more than 3,500 km outside the EU

2. flight cancellation

In the event of flight cancellation, the passenger is entitled to compensation unless:

  • Was informed of the cancellation at least 14 days before the scheduled departure date
  • He was informed between 7 and 14 days before departure and offered a re-routing with arrival at his destination no later than 4 hours after the originally scheduled time
  • Was informed less than 7 days prior to departure and offered re-routing with arrival at destination no later than 2 hours after originally scheduled time

3. refusal of boarding (overbooking)

Compensation is also due if the passenger is denied boarding due to overbooking, despite having a valid ticket and appearing at check-in at the required time.

Amount of compensation

The amount of compensation depends on the length of the flight:

  • EUR 250 - for flights up to 1,500 km
  • EUR 400 - for intra-EU flights over 1500 km and other flights between 1500 and 3500 km
  • EUR 600 - for flights over 3,500 km

Exceptions - when can airlines refuse to pay compensation?

The carrier may be exempted from the obligation to pay compensation if the disruption was caused by "extraordinary circumstances" which could not have been avoided despite all reasonable measures being taken. This includes:

  • Extreme weather conditions
  • Security risks
  • Airport services strikes (but not airline staff strikes)
  • Air traffic management decisions

It is worth noting that technical problems of an aircraft are usually NOT considered extraordinary circumstances, according to the case law of the EU Court of Justice.

How to effectively assert your rights?

  1. Collect documentation - keep boarding passes, booking confirmations, all correspondence with the airline and documents to prove additional expenses related to the disruption.
  2. File a claim directly with the carrier - the first step should be to lodge an official complaint with the airline, preferably in writing citing the specific provisions of the Regulation.
  3. Get help from the Civil Aviation Authority - if the airline refuses to honour the claim, you can turn to the national enforcement body (in Poland, the ULC).
  4. Consider seeking professional legal assistance - Should the airline continue to resist, it is advisable to consult a lawyer specialising in passenger rights.

Limitation periods for claims

It is worth remembering that claims for flight delays and cancellations are time-barred after one year from the date of the flight, according to the Montreal Convention, or after three years, depending on the interpretation of national legislation.

Summary

Claiming compensation for a delayed or cancelled flight is the right of every passenger. Although the procedure may seem complicated and airlines often resist, consistent action and knowledge of the rules usually lead to success. When in doubt, it is advisable to consult a lawyer specialising in passenger rights who can help you successfully navigate the entire process.