What are my rights as an air passenger if my flight is cancelled or delayed? Peter was delayed for 8 hours during his recent trip to Switzerland, and even more recently lots of people were stranded due to the bankruptcy of Thomas Cook. What are your rights as a traveller?
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Delayed en route to Switzerland
When Peter recently flew to Switzerland, he was delayed eight (!) hours. He didn't so fun when you only have a few days to experience the Swiss Alps. Instead of seeing the spectacular Mauvosin Dam in the Verbier he was able to familiarise himself with Schiphol Airport in Amsterdam.
Flight cancellations after Thomas Cook's bankruptcy
Just a few days ago, the large company Thomas Cook in bankruptcy and shortly afterwards all flights with the subsidiary Ving were cancelled. Worried travellers were reassured the night before, and it was only when they reached the airport that the cancellation was announced. How fun is it when you've saved money, taken a holiday and sorted out all the practicalities to be able to spend a week abroad?
What are my rights when my flight is cancelled or delayed?
What are your rights when your flight is cancelled or delayed? Actually, you have a lot of rightsbut only in certain situations. It is simply a matter of knowing when you can claim compensation!
EU regulation on air passenger rights
Back in 2004, the EU introduced a regulation to protect air passengers from major disruptions to air traffic. The regulation covers severely delayed flights, missed connections and other flight changes that cause major inconvenience.
Who does the EU Regulation apply to?
The EU regulation applies to you if you have checked in on time, have a valid ticket and booking confirmation, and
- starting your journey from an airport in the EU or
- landing in an EU country with an airline based in the EU.
When am I entitled to compensation under the EU Regulation?
You are entitled to compensation in the following cases, provided that the airline company is responsible for the disruption:
- Delayed flight - if you arrive at your destination three hours late or more
- Flight cancelled - if you were informed of the cancellation less than 14 days before departure.
- Overbooked flight - if you are denied a seat because the airline overbooked the plane
- Missed connecting flight - if you arrive at your final destination 3 hours or more late, due to a missed connecting flight (this also applies if the connecting flight was operated by another airline, provided the ticket is valid for all routes).
What compensation am I entitled to?
The amount of compensation you are entitled to under the EU regulation depends on how far you have flown, and is not related to the price of the ticket. You may be entitled to:
- Short haul flights (up to 1500 kilometres) - €250
- Middle distance flights ( 1500 - 3500 kilometres - 400 euros
- Long-distance flights (more than 3500 kilometres) - €600
When have I not right to compensation?
There are (of course!) exceptions when you are not entitled to compensation. If the cause of the delay is beyond the airline's control (so-called "extraordinary events"), you are not entitled to compensation. The following reasons may mean that you are not entitled to compensation:
- Unavoidable security risks
- Closure of airport or airspace
- Birds flying into the engine
- Bad weather conditions
- Strikes
- Political unrest
Men ... if the problem could have been avoided by 'reasonable measures' - then you may be entitled to compensation anyway!
More rights under the EU regulation
In addition to financial compensation, delays may also entitle you to free food and drink while you wait at the airport. Read more about EU rules and rights for air passengers at Flightright.
Flightright is a company that helps you pursue compensation claims if you don't want to do it on your own. They keep track of what compensation you are entitled to, contact the airline and even take the matter to court if necessary. If they succeed, they deduct 29.75 per cent commission and if they fail, there is no charge.
So, what applies in Peter's case ... and for Ving travellers?
Although Peter was delayed by far more than 3 hours, the delay was caused by a strike. Strikes are considered an "extraordinary event" beyond the airline's control = no compensation.
What about Thomas Cook and Ving? If a company goes bankrupt, you have to see if you have an insurance policy that covers it, or make a claim to the bankruptcy administrator. But Ving has not gone bankrupt, and the flights started again after one day. If you have booked a package holiday, the travel guarantee entitles you to rebook or get your money back.
But surely in some cases you must also be entitled to compensation? Right? It could be, for example, that you have taken a holiday and are unable to use your holiday days. In that case, I would not be satisfied with just getting my money back ...
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Helena from Finland says:
We have booked (and paid) for a week's autumn holiday in Gran Canaria. Travelling with Tjäreborg from Finland. Hope and believe that the flights take off in October.
25 September 2019 - 6:52
Helena says:
It now feels like there should be no problem! Lovely with an autumn holiday to look forward to! 🙂
25 September 2019 - 9:39
Ama de casa says:
A nuisance with delays and cancelled flights. Of course it's good that you can be entitled to compensation, but the lost time is still lost, that's the worst thing I think. The "eternal" wait when you could have done something much more pleasant than sitting in an airport.
But, of course, it's still an in-country problem. Much worse things can happen to you.
25 September 2019 - 18:18
Helena says:
Being delayed can be seen as an in-country problem. I was discussing this the other day in connection with the bankruptcy of Thomas Cook. Those who are hardest hit may be those who work at the final destinations and are dependent on the tourists for their survival. In comparison, waiting time (or missed holidays) is an in-country problem. At the same time, I think people should be allowed to worry about their everyday problems. Comparison is good sometimes to gain perspective. But you also need to have feelings in relation to what is happening in your own life, and in our society, stress is something that affects many people.
25 September 2019 - 21:08
BP says:
It's an energy-intensive jungle, so I would definitely leave the 'case' to Flightright.
I get to my destination and back home anyway, albeit X number of hours late. The money I get for that is a compensation. I even think it is quite generous.
25 September 2019 - 20:23
Helena says:
I would also consider dropping the case. At least in some cases. I know that I am bad at making these kinds of demands. So then maybe it would happen! Of course, you can also do it yourself, if you feel you have the time and energy for it.
25 September 2019 - 21:12