Within EU Regulation 261/2004, guests are entitled to approximately £460 in reimbursement as soon as their airfare countries with their destination greater than a few time late.
Airlines can steer clear of having to pay in the event the hold up is actually a result of a fantastic circumstance, for instance negative conditions or even folks punches.
Previously, air carriers normally turned down to pay out for delays the result of a complex mistake, claiming they will counted while remarkable occasions. Nevertheless a year ago, a pair of landmark Supreme Court docket rulings expressed that will service providers should shell out every time a hold up seemed to be the result of a complex mistake.
What exactly are my rights and what should I do?
Regulation (EC) 261/2004 requires airlines compensate passengers if their flight is cancelled or heavily delayed.
They must also offer you meals, refreshments and hotel accommodation as appropriate whilst you wait for a rearranged flight. They should also cover any transport costs between the hotel and the airport. There are no time or monetary limits on the provision of this assistance.
If your airline does not provide assistance, keep your spending to a minimum, make sure you get receipts and claim reimbursement from your airline when you get home.
How does it work?
Under EU rules, airlines must pay compensation for cancelled or heavily delayed flights, however, they can escape this under some 'extraordinary circumstances'. This can include sudden severe weather events, such as the hurricane and the volcanic ash cloud episode almost three years ago will fall into this bracket.
Compensation is €250 (£190) for inter-EU flights of 930 miles or less, €400 (£310) for flights between 930 and 1,860 miles and €600 (£460) for other journeys.
It applies to any flight leaving an EU airport and any flight into the EU on an EU-based airline.
It is important to remember that The ruling that outlines these rights is Regulation (EC) 261/2004 and it applies to all flights wholly within the EU/EEA or Swiss region, or departing an EU/EEA or Swiss airport, or arriving in the region and run by an EU/EEA or Swiss airline.
It is important to remember that The ruling that outlines these rights is Regulation (EC) 261/2004 and it applies to all flights wholly within the EU/EEA or Swiss region, or departing an EU/EEA or Swiss airport, or arriving in the region and run by an EU/EEA or Swiss airline.
This means any direct flight from the UK should be covered, along with any flight to it run by a European airline.
Originally this ruling only covered cancellations or denied boarding, although passengers could argue if a flight was delayed beyond a certain point it was effectively cancelled.
However, in 2009 the ECJ ruled in the Sturgeon case that compensation should also apply to long delays of more than three hours.
Passengers can claim by telling the airline their flight number, names and reason for the delay. If rejected, they can take their case to court.
Airlines will often try and claim extraordinary circumstances to wriggle out of paying, often this use to involve citing technical faults as being covered by this.
However, extraordinary circumstances are judged to be something unexpected and out of an airline's control, and it was argued that an airline should be prepared for mechanical problems as a matter of course - and thus that these are not extraordinary.
Airlines trying to run their operations on a shoe-string have been accused of failing to put in back-up plans to get parts, repairs or replacements in place swiftly.
The nub of the matter is that if your flight is delayed by more than three hours, cancelled or overbooked, you may be able to claim.
Can my airline Reject a claim?
Airlines will still be able to deny payouts when the delay is beyond their control or 'extraordinary circumstances' – for example if there is bad weather or strikes.
However, extraordinary circumstances does not remove the duty of care that is also detailed in the regulations.
The rules state that airlines must provide passengers with accommodation, meals and refreshments and transport between the airport and accommodation. Airlines are breaking the rules if they shirk this obligation.
If your airline turns down your claim under extraordinary circumstances you can challenge this if you do not believe it to be true. Write back to the explaining why this is not the case and explain that you will take the matter up with the Civil Aviation Authority if it is not settled properly.
A classic example is airlines claiming technical faults as extraordinary circumstances. However, this can be challenged. The problem is that many airlines are still trying to wriggle out of such claims.
The regulation gives no definition of exactly what extraordinary circumstances are, but does give some examples.
It says: 'As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
'Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.'
The crucial part of this is that it says 'which could not have been avoided even if all reasonable measures had been taken'.
This means that you can challenge the technical faults defence on the basis that an airline should have reasonable expectation that things can go wrong on an aircraft and should have contingency plans in place, ie replacement parts or access to them where it operates.
If your airline tries to claim extraordinary circumstances, challenge them to explain exactly what they were and why they could not have been reasonably avoided. The onus is on them to prove this.
How far back can I claim?
Regulation (EC) 261 does not set a time limit on how far back claims can go, instead stating that this should be determined by the laws in respective EU countries.
In the UK, the statute of limitations law is six years, so by this logic an airline should consider claims for delays dating back six years from the time the claim is submitted.
Some airlines have used legal loopholes to avoid paying out here too. Late last year we reported the case of a Monarch passenger who found the airline was delaying their claim while it waited for a court ruling. When that ruling arrived in passengers' favour, the This is Money reader tried to claim only to be told that he was out of the six years.
When he contested this on the basis it was Monarch that delayed things not him, he was told that despite having been in touch regularly over the years, as he had not made a court claim within the past six years he was outside the allotted time period.
Monarch said: 'If a customer presents their claim to an airline within six years but does not issue court proceedings and the six years have now expired, they are unfortunately unable to claim.
'It is our customers' responsibility to seek legal advice from either the Citizen's Advice Bureau, Civil Aviation Authority, or otherwise in order to find out if they need to take any action to stop time running out under the Limitation Act.'
What if my airline offered me nothing?
Regulation (EC) 261/2004 requires airlines to offer you meals, refreshments and hotel accommodation as appropriate whilst you wait for a rearranged flight. They should also cover any transport costs between the hotel and the airport. There are no monetary or time limits on the provision of this assistance.
If your airline did not provide assistance, and you had to arrange it yourself, the airline should reimburse your expenses. This should at least include a hotel while you waited to get home and meals if you can provide receipts.
If the airline failed to offer you a refund or rerouting, then you should argue that by not carrying out its duty you were left with no choice but to seek an alternative method of getting home and could try to claim for this too.
What will happen?
If you are not given the assistance that you are due, you will need to make a claim against the airline. You will need receipts and proof of expenses and they must be reasonable.
It is always unclear what airlines will do when faced with claims. Some may try and refuse to pay and stave off claims. If this happens passengers need to use the courts to force payment. The best way to do this is through the small claims track of the county court.
What can't I claim?
Your expenses should be reasonable. A hotel similar to the standard of the one you were staying in, a simple meal and basic transport needs are OK. Living it large and then trying to charge it to the airline is unlikely to work.
You are also unlikely to find airlines paying for the expense of you abandoning your flight and navigating your way home yourself. Although, if you have taken the simplest and best value route you may be covered and if you had been advised to get yourself home and that you would be reimbursed by the airline, then you should state this and claim.
This is Money has heard a lot of reports of airlines trying to fob off passengers, deny they are issuing reimbursements or claim that this is not the law. That is untrue and while you may need to be persistent, you should get your money.
If your airline does claim extraordinary circumstances, they need not pay the compensation amounts above but still have a duty of care to look after you and get you where you are meant to be going.
You should tell them that under Regulation (EC) 261/2004 Article 5 you are entitled to be reimbursed or re-routed under Article 8 and also offered assistance, including accommodation, meals and transport under Article 9.
You should also state that under Article 5, airlines are able to not pay compensation in accordance with article 7 in the case of 'extraordinary circumstances', but crucially that this extraordinary circumstances clause does not apply to the entitlement to assistance under Article 9.
The sample reclaim letters to Claim and Get Compensation Delayed Flight Under UE Rules
We have provided a sample paragraph and letter for you to use. Either copy and paste the paragraph into your letter, or use the letter template and add your personal details into it.
Copy and paste the text, as needed, adding in your details.
For more advice visit the Civil Aviation Authority website.
Delays or cancellations not classed as extraordinary circumstances
Dear Sir/Madam
Dear Sir/Madam
I am writing regarding flight [flight number] on [date] from [departure airport] to [arrival airport] with the scheduled departure time of [scheduled departure time].
My booking reference is [booking or reservation reference if available]. This flight arrived [number of hours] hours late at [airport] (or) This flight was cancelled and I arrived late on [time and date of arrival].
The passengers in the party were [names of party].
The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.
My scheduled flight length was [number of kilometres – see here if you need to check flight length http://gc.kls2.com/], therefore I am seeking [if less than 1500km: €250, if more than 1500km but less than 3500km: €400, if more than 3500km: €600) per delayed passenger in my party. The total compensation sought is €].
I look forward to hearing from you and would welcome a response in 14 days.,
Yours faithfully,
[passenger name]
Delays or cancellations classed as extraordinary circumstances
Dear Sir/Madam
I am writing regarding flight [flight number] on [date] from [departure airport] to [arrival airport] with the scheduled departure time of [scheduled departure time].
My booking reference is [booking or reservation reference if available]. This flight arrived [number of hours] hours late at [airport] (or) This flight was cancelled and I arrived late on [time and date of arrival].
Unfortunately, your airline failed to meet its obligations under EU rules and did not provide me with the assistance it should have in the form of rerouting home / accommodation / meals / transport to the airport. [Delete as applicable.]
I am therefore asking you to please compensate me for £----. I enclose receipts.
The EU rules that state that I should have been assisted by yourselves are in Regulation (EC) 261/2004. In this Article 5 states that in the case of cancellation or delay of more than one day I am entitled to be reimbursed or re-routed under Article 8 and also offered assistance, including accommodation, meals and transport under Article 9.
Article 9 states:
1. Where reference is made to this Article, passengers shall be offered free of charge:
(a) meals and refreshments in a reasonable relation to the waiting time;
(b) hotel accommodation in cases
— where a stay of one or more nights becomes necessary,
or — where a stay additional to that intended by the passenger becomes necessary; (c) transport between the airport and place of accommodation (hotel or other).
(b) hotel accommodation in cases
— where a stay of one or more nights becomes necessary,
or — where a stay additional to that intended by the passenger becomes necessary; (c) transport between the airport and place of accommodation (hotel or other).
2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.
3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.
Under Article 5 part 3, airlines are able to avoid paying compensation in accordance with Article 7 in the case of 'extraordinary circumstances', but this extraordinary circumstances clause does not apply to the entitlement to assistance under Article 9.
A 2014 ruling ratified by the Supreme Court, in the case of Huzar vs Jet2, says that European airlines can no longer claim technical faults as extraordinary circumstances, so must pay out compensation for flight delays of longer than three hours such cases.
I thank you for your assistance with this and await your response.
Yours faithfully
source : http://www.thisismoney.co.uk/money/holidays/article-2271213/How-claim-EU-flight-delay-compensation-EC-261-2004.html