Flight Delay Claims Compensation – What You Need To Know
Flight delays are a major problem for people travelling across Europe. In response, the European Commission has introduced EU rule 261/2004 which permits passengers to claim compensation if their flight is delayed for more than three hours. The idea behind this regulation is to make sure that passengers get the compensation they deserve from the airline. Could you be owed money for being delayed?
According to the rules set out by the European Commission, only certain categories of delays are covered. Knowing whether your flight falls into these categories is essential for figuring out whether you have a valid claim. If your flight does, then you could be owed money by the airline.
To make a flight delay claim, your flight must be EU-regulated.
EU-regulated applies to two categories of flights: either flights which took off from an EU airport or EU airline flights which landed at an EU airport. This means that every flight from EU airports is covered by the EU regulations, regardless of where the airline is based. However, non-EU airline flights that land at EU airports are not covered.
Take a look at the following examples of different flights.
- If you took off from Paris on an Air France plane to Malaga, then you would be entitled to compensation, since you took off from an EU airport on an EU-based airline.
- If you took off from Gatwick on a Qatar Airways flight to Dubai, you would still be covered because you took off from an EU airport, even though Qatar Airways isn’t an EU-based airline.
- If you took off from New York on a British Airways flight that landed in Dublin, then you would be covered since Dublin is an EU airport, and British Airways is an EU-based company.
- If you took off from Los Angeles on an American Airlines flight to Paris but were delayed, you wouldn’t be able to claim compensation under the EU 261/2004 rules since American Airlines is not an EU-based company.
Your Claim Must Be For A Flight After 2011
To make a claim for a flight delay, the delay must have occurred after 2011. The reason for this is due to a law called a “statute of limitations” – a legal device that sets a maximum time period within which legal proceedings can commence. In England, Wales and Northern Ireland, the statute of limitations is six years, meaning that claims made this year can only go back as far as 2011. This means that you can’t make a claim for a delayed flight in, say, 2008.
Despite the six-year statute of limitations, airlines can still make it tricky for customers to seek compensation. For instance, Thomson began rejecting claims for flights more than two years ago, telling them that the company only processes recent claims. Eventually, the case went to the High Court, and Thomson lost, but it showed that dealing with airlines can be difficult. This is why passengers who feel that they have a valid claim need to approach flight delay compensation experts like Flights Compensation.
The Delay Must Not Be The Airline’s Fault
To claim compensation for a delay, the delay must be the airline’s fault.
Some scenarios are out of the airline’s hands. These include things like inclement weather (although this is not always the case since snow conditions might be expected near ski resorts), political issues, air traffic management decisions and problems to do with the aircraft that are outside of the airline’s control, like manufacturing defects.
Examples of situations in which you could get compensation are when the delay is clearly the airline’s fault. These include situations in which the crew or the pilot is late, the airline cancels a flight because they underbooked, the airline doesn’t submit its documentation on time, or where there are technical problems with the aircraft caused by something routine, like component wear and tear.
The Delay Must Be More Than Three Hours
Finally, delays must be more than three hours to make a claim. Delays are calculated by when you arrive at your destination, not when you leave. This means that you can only make a claim if the plane lands more than three hours later than scheduled.
Knowing whether you have a claim can be tricky. Most of us wouldn’t know whether the plane was delayed for technical reasons to do with manufacturing defects or reasons having to do with maintenance by the airline. This is why it is a good idea to find an expert who can help you make your case and get the compensation you deserve.
Want to know if you have a valid flights Compensation Claim?
To find out if you are eligible for Flights Compensation please contact us for a free no obligation review. You could be owed up to €600/£510 per passenger which we can help you reclaim using our specialist no win no fee process.
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