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flights:delayed_flights [2017/01/13 13:39] – [How much compensation you're entitled to if your flight is delayed] peterflights:delayed_flights [2022/03/15 11:38] (current) – peter
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 <WRAP info> <WRAP info>
 EC regulation 261/2004 covers extraordinary circumstances where 'the impact of an air traffic management decision gives rise to a long delay, an overnight delay, or cancellation of one or more flights by that aircraft' and in cases of 'meteorological conditions incompatible with the operation of the flight concerned'. EC regulation 261/2004 covers extraordinary circumstances where 'the impact of an air traffic management decision gives rise to a long delay, an overnight delay, or cancellation of one or more flights by that aircraft' and in cases of 'meteorological conditions incompatible with the operation of the flight concerned'.
 +
 +See: https://www.flight-delayed.co.uk/faq
 </WRAP> </WRAP>
  
 +----
  
 ===== How does compensation work for delayed flights? ===== ===== How does compensation work for delayed flights? =====
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 The amounts available start from €250 (£212) for flights of less than 1,500km long which are delayed by at least three hours and go up to €600 (£509) for flights of more than 3,500km between an EU and non-EU airport, delayed by at least four hours. The amounts available start from €250 (£212) for flights of less than 1,500km long which are delayed by at least three hours and go up to €600 (£509) for flights of more than 3,500km between an EU and non-EU airport, delayed by at least four hours.
  
 +----
  
 ===== What exactly are my rights? ===== ===== What exactly are my rights? =====
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 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. 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.
  
 +----
  
 ==== What you're entitled to if your flight is delayed ==== ==== What you're entitled to if your flight is delayed ====
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 |When the delay is five hours or longer|Passengers may opt for reimbursement of the full cost of the ticket together with, when relevant, a return flight to the first point of departure.| |When the delay is five hours or longer|Passengers may opt for reimbursement of the full cost of the ticket together with, when relevant, a return flight to the first point of departure.|
  
 +----
  
 ==== How much compensation you're entitled to if your flight is delayed ==== ==== How much compensation you're entitled to if your flight is delayed ====
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 **WARNING**: Vouchers or other services may have a time restriction and may only be valid at a particular airline! **WARNING**: Vouchers or other services may have a time restriction and may only be valid at a particular airline!
 </WRAP> </WRAP>
 +
 +----
 +
 ===== When would you not receive compensation on cancelled flights? ===== ===== When would you not receive compensation on cancelled flights? =====
  
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   * (a) by two hours, in respect of all flights of 1500 kilometers or less; or   * (a) by two hours, in respect of all flights of 1500 kilometers or less; or
   * (b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or   * (b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or
-  * <nowiki>(c)</nowiki> by four hours, in respect of all flights not falling under (a) or (b), +  * <nowiki>(c)</nowiki> by four hours, in respect of all flights not falling under (a) or (b), the operating air carrier may reduce the compensation provided for by 50 per cent.
- +
-the operating air carrier may reduce the compensation provided for by 50 per cent.+
  
 +----
  
 ===== What if Extraordinary Circumstances do occur ===== ===== What if Extraordinary Circumstances do occur =====
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 If you have been left stuck and out of pocket by your airline, then you will need to keep a record of what you have spent, including receipts and try to reclaim from airline using the EU rule. If you have been left stuck and out of pocket by your airline, then you will need to keep a record of what you have spent, including receipts and try to reclaim from airline using the EU rule.
  
 +----
  
 ===== How to claim ===== ===== How to claim =====
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 If you still don’t get the answer you believe is right it is possible to take the airline to the small claims court. If you still don’t get the answer you believe is right it is possible to take the airline to the small claims court.
  
 +See:  https://claim.flight-delayed.co.uk/
 +
 +----
  
 ===== How far back can I claim? ===== ===== How far back can I claim? =====
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 There are reports of airlines trying to fob off passengers, denying they are issuing reimbursements or claiming that this is not the law.  That is untrue and while you may need to be persistent, you should get your money. There are reports of airlines trying to fob off passengers, denying they are issuing reimbursements or claiming that this is not the law.  That is untrue and while you may need to be persistent, you should get your money.
  
 +----
  
 ===== What can't I claim? ===== ===== What can't I claim? =====
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 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.  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. 
  
 +----
 +
 +===== Legal =====
 +
 +==== Article 6 Delay ====
 +
 +1. When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure:
 +
 +  * (a) for two hours or more in the case of flights of 1500 kilometres or less; or
 +  * (b) for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; or
 +  * (c) for four hours or more in the case of all flights not falling under (a) or (b),
 +
 +passengers shall be offered by the operating air carrier:
 +
 +  * (i) the assistance specified in Article 9(1)(a) and 9(2); and
 +  * (ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)<nowiki>(c)</nowiki>; and
 +  * (iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a).
 +
 +
 +2. In any event, the assistance shall be offered within the time limits set out above with respect to each distance bracket.
 +
 +----
 +
 +==== Article 7 Right to compensation ====
 +
 +1. Where reference is made to this Article, passengers shall receive compensation amounting to:
 +
 +  * (a) EUR 250 for all flights of 1500 kilometres or less;
 +  * (b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
 +  * <nowiki>(c)</nowiki> EUR 600 for all flights not falling under (a) or (b).
 +
 +In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.
 +
 +2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
 +
 +  * (a) by two hours, in respect of all flights of 1500 kilometres or less; or
 +  * (b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or
 +  * <nowiki>(c)</nowiki> by four hours, in respect of all flights not falling under (a) or (b), the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.
 +
 +3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.
 +
 +4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method.
 +
 +----
 +
 +==== Article 8 Right to reimbursement or re-routing ====
 +
 +1. Where reference is made to this Article, passengers shall be offered the choice between:
 +
 +  * (a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,
 +    - a return flight to the first point of departure, at the earliest opportunity;
 +  * (b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or
 +  * <nowiki>(c)</nowiki> re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.
 +
 +2. Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under Directive 90/314/EEC.
 +
 +3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger.
 +
 +----
 +
 +==== Article 9 Right to care ====
 +
 +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;
 +  * <nowiki>(c)</nowiki> 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.
 +
 +----
 +
 +==== Article 14 Obligation to inform passengers of their rights ====
 +
 +1. The operating air carrier shall ensure that at check-in a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: "If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance".
 +
 +2. An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this Regulation. It shall also provide each passenger affected by a delay of at least two hours with an equivalent notice. The contact details of the national designated body referred to in Article 16 shall also be given to the passenger in written form.
 +
 +3. In respect of blind and visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means.
 +
 +----
  
-===== Important rulings =====+==== Important rulings ====
  
 The 4 September, 2014 the Court of Justice of the European Union ruled on a definition for arriving at a destination. Articles 2, 5 and 7 of 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, must be interpreted as meaning that the concept of ‘arrival time’, which is used to determine the length of the delay to which passengers on a flight have been subject, refers to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft. The 4 September, 2014 the Court of Justice of the European Union ruled on a definition for arriving at a destination. Articles 2, 5 and 7 of 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, must be interpreted as meaning that the concept of ‘arrival time’, which is used to determine the length of the delay to which passengers on a flight have been subject, refers to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft.
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 This Regulation is applicable to all worldwide airlines when departure takes place within the EU and, in the case of flights from outside the EU to a destination within the EU, only to airlines licensed in a Member State of the EU. This Regulation is applicable to all worldwide airlines when departure takes place within the EU and, in the case of flights from outside the EU to a destination within the EU, only to airlines licensed in a Member State of the EU.
  
 +----
  
 ===== Sample reclaim letters ===== ===== Sample reclaim letters =====
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 [passenger name] [passenger name]
 </code> </code>
 +
 +----
  
 ==== Delays or cancellations classed as extraordinary circumstances ==== ==== Delays or cancellations classed as extraordinary circumstances ====
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 [passenger name] [passenger name]
 </code> </code>
 +
 +----
  
 ===== References ===== ===== References =====
 +
 +https://www.caa.co.uk/passengers/resolving-travel-problems/delays-and-cancellations/delays/
  
 [[http://www.caa.co.uk/default.aspx?catid=2211&pageid=12723|Civil Aviation Authority]] [[http://www.caa.co.uk/default.aspx?catid=2211&pageid=12723|Civil Aviation Authority]]
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 http://www.airpassengerrights.eu/ http://www.airpassengerrights.eu/
 +
 +https://claim.flight-delayed.co.uk/
 +
flights/delayed_flights.1484314744.txt.gz · Last modified: 2020/07/15 09:30 (external edit)
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