In the event of delay or cancellation of a flight and denied boarding, passengers are entitled to compensation under Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.
Under what conditions does the right to compensation apply?
- Compensation applies to passengers departing from an airport situated in the territory of a member state of the European Union or passengers departing from an airport situated in a third country to an airport situated in the territory of a member state of the European Union.
- If passengers have not been informed of the cancellation at least two weeks before the scheduled time of departure.
- The cancellation must not have been caused by extraordinary circumstances which could not have been avoided despite all possible measures (e.g. extreme weather conditions, technical breakdown, security problems, strikes by air traffic controllers, etc.).
- The delay must be:
- two hours for flights of 1,500 km or less;
- three hours or more for all intra-Community flights over 1,500 km and any other flights between 1,500-3,500 km;
- four hours for other flights.
What compensation can be claimed?
The amount of compensation passengers are entitled to depends on the distance of the flight, namely:
- 250 Euro - if the flight is 1,500 km or less;
- 400 Euro - if the flight is longer than 1,500 km and is intra-Community or if it is between 1,500-3,500 km;
- 600 Euro - if the flight exceeds 3,500 km.
In addition, the airline is obliged to provide:
- meals and refreshments, directly proportional to the waiting time;
- hotel accommodation, if a stay of one or more nights or a stay additional to that planned by the passenger is required;
- transportation between the airport and the place of accommodation.
How can compensation be claimed?
- Submit a formal complaint to the airline, giving details of the flight and the legal basis for the claim. A complaint can also be lodged with the National Authority for Consumer Protection or the relevant European bodies.
- Legal action to the courts if the airline unjustifiably refuses to pay compensation
If you need legal assistance, our team can provide you with legal support to obtain the compensation you are entitled to, ensuring effective representation before the airlines or the courts.