If a flight you have booked on is delayed and you arrive at your final destination three or more hours late or your flight is cancelled, you may be entitled to compensation and assistance under EU law (Regulation 261/2004) and airlines are required to pay compensation to passengers, when are at fault.
Indeed, you have the right to compensation only in certain circumstances.
To be covered by EU law, your flight must be either:
- departing from an EU airport and operated by any airline, or
- arriving at an EU airport and operated by an EU airline.
The amount payable in a successful claim is intended per person and it is for a fixed amount representing compensation, not a refund on the ticket price.
The amount is set by Article 7 of the EU Regulation, it depends on the length of the flight and it is calculated in Euro currency, as follows:
- EUR 250 for all flights within 1500 kilometers;
- EUR 400 for all intra-Community flights of more than 1500 kilometers and for all other routes between 1500 and 3500 kilometers;
- EUR 600 for flights not covered by letters a) or b).
Compensation is only available for flights arriving three or more hours late at your final destination.
In order to file a compensation claim the delay needs to be a consequence of an airline fault. So, it would not be possible to claim for compensation in case of extraordinary circumstances, e.g. severe weather conditions, political unrest or airline strikes.
If one of the above conditions occur and the flight delays for 2 or more hours, passengers are entitled to food and drink, access to phone calls and emails and overnight accommodation if it is necessary, as well as the journeys between the airport and hotel.
If flight is delayed by 3 or more hours passenger is entitled legally to the above compensation and distance, length of delay and destinations will also impact the amount of compensation you’re entitled to.
The same compensation is guaranteed in the case of flight cancellation, in addition to the flight replacement.
Our Law Firm is able to assist you and identify clearly the amount of compensation you are due for your delayed or cancelled flight.