When you get to the airport and sees that your plane's departure is getting rescheduled again and again, it can be hard to keep a good mood. We know all about this, but can also offer some sort of comfort in the fact, that if you experience a delay, you can be eligible for compensation due to The European Parlament and Councils regulation (EF) nr. 261/2004.
The compensation is not calculated in the time your delay is, but from distances between your start and finale destination. As soon as the delay to your finale destination is more than 3 hours and the travel is within EU, Norway, Iceland, Schweitz or Turkey, or if it a an EU based airline, departure is from EU or the airline helds an EU-licens, you are eligible for compensation.
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Following EF. 261/2004 the compensation is calculated in distance, meaning that if you fly
- Domestic departures you are eligible for 100 euro
- less than 1500 km triggers a compensation on 250 euro
- between 1500 and 3500 makes you eligible for a compensation on 400 euro
- more than 3500 km makes you eligible for a 600 euro compensation
Since delays are not calculated in time, the limit is that after 2 hours you should be offered catering, phone calls, emails or internet so you can contact whomever your delay may concern. If the airline does not offer this, you should ask for it, and if they ask you to pay, keep your expenses on a reasonable level and save all the receipts, so we here from Flycancel can help you get a refund.
If the delay is more than 3 hours, you can be eligible for compensation. Do not hesitate to contact Flycancel to see wether or not we can help you claim your compensation.
If the delay is more than 5 hours, the airline has to offer you an alternative departure home, which you can agree to, and still get compensation, as long as you still are 3 hours delayed to your finale destination from the originale scheduled timeplane.
It is not unusual that the airline will try to offer you a voucher or a giftcard for a new travel, but here at Flycancel it is our experience that they have a lower value than the compensation you are eligible for - and therefor we advise not to take these if offered.
In most cases the delay is avoidable, and therefor the airline has to pay compensation. EF. 261/2004 has sat scenarios, called force majeure, where the airline cannot be held responsible for the delay, and therefor does not have to pay compensation.
These extra ordinary circumstances are for example
- Extreme weather
- Political happenings or protests
- Illegale labour dispute
- Strikes - but Wildcat strikes does not count as an extra ordinary circumstance.
- Hidden technical errors
- Sickness within the working staff
- Bird Strikes, where the plane collides with birds
- ATC-restrictions, which means that Air Traffic Control makes restrictions that the airlines can refer to, when the airline has taken all reasonable precautions.
If any of these are mentioned as reason for delay, you can experience not being eligible for compensation. The airlines are notoriously known for using force majeure as a reason for delay, without it being force majeure, and therefor we often experience winning the compensation claim, since it is the airlines responsibility to prove that is was force majeure.
If you experience a delay, do not hesitate to contact Flycancel, and we can help you with your case. We works from the principel, no pay, no fee, meaning it is free to try your case with us, and you only pay a fee if we win your case.