Charter flight

Charter flights are a popular form of travel, especially during the holiday season. Although they often allow you to reach popular tourist destinations at an attractive price, there are situations in which the plane takes off with a long delay or does not depart as scheduled at all. In such cases, passengers have certain rights and options to obtain compensation for a delayed charter flight.

What is a charter flight?

A charter flight is an air connection organized by travel agencies and tour operators in agreement with charter airlines. They take place irregularly and are most often operated only to the most popular tourist destinations where travel agencies have their hotel offers.

The routes and dates of charter flights are usually tailored to the needs of the organizer of a specific trip. What is more, charter flights are generally not available throughout the year, but only on specific dates.

Differences between charter and scheduled flights

Charter flights and scheduled flights differ in terms of organization, availability, and the scope of the carrier's liability.

Scheduled flights are organized by regular airlines according to a fixed schedule available throughout the year. Tickets are purchased directly from the carrier or through online sales services. They are usually more expensive, but offer greater freedom of choice of dates and destinations. Furthermore, importantly, in scheduled flights, the airline is responsible for flight delays.

A charter flight, on the other hand, is ordered by a travel agency or other organization, most often during the holiday season. Passengers do not usually purchase tickets themselves—the flight is part of a tourist package. They are often cheaper, but offer less flexibility. Charter flights are flexible, with departure and arrival times subject to change depending on airport availability, aircraft availability, or weather conditions. Importantly, on charter flights, responsibility for flight disruptions is shared (depending on the circumstances) between the tour operator and the carrier.

What rights do charter flight passengers have?

Charter flight passengers have the same rights as those traveling on scheduled flights. They are covered by the same EU Regulation 261/2004. The document protects travelers in the event of delayed or canceled flights, as well as denied boarding.

In the event of a charter flight delay, passengers have the right to information. Airlines or tour operators are required to provide them with detailed information about the cause of the disruption and the next steps. Travelers also have the right to care. While waiting, the carrier should provide them with meals and drinks, and, if necessary, transportation and hotel accommodation.

Importantly, if the flight delay exceeds 3 hours or is canceled less than 14 days before departure, and the disruption was not caused by extraordinary circumstances, passengers are entitled to compensation of between €250 and €600.

Disrupted charter flight and replacement flight

In many cases, charter airlines are required to provide passengers with a replacement flight.

Passengers are entitled to an alternative flight if the original flight has been canceled, the delay is so long that the airline is unable to operate the flight on the same day, or the organizers are unable to guarantee departure on the original date of travel. In such a situation, the carrier should offer the passenger an alternative connection at the earliest possible date or a refund of the ticket price.

If the flight was part of a package tour, the obligation to arrange a replacement flight lies with the tour operator. They should provide a flight on another aircraft or with another carrier, and arrange meals, transport, and accommodation while waiting. They may also, in consultation with passengers, postpone the departure date or offer an alternative connection.

Who is entitled to compensation - passengers or the travel agency?

In the case of disrupted charter flights, passengers are entitled to compensation, not the travel agency or tour operator. The tour operator can only act as an intermediary in the complaint process. However, it is not entitled to receive compensation for the flight.

What is the travel agency's responsibility for a disrupted flight?

In the case of charter flights, responsibility for disruptions such as delayed or canceled flights may lie with both the travel agency and the charter airline, depending on the situation. The tour operator is responsible for the proper execution of the entire tour, and the carrier is responsible for the air transport itself.

If the delay caused the travel agency's customer to lose part of their vacation or incur additional costs, they have the right to demand a reduction in the price of the tourist event, compensation, and a refund of the costs incurred in connection with the flight disruption, e.g., for additional hotel accommodation.

The air carrier, i.e., the charter airline, is responsible for the actual delay or cancellation of the flight. It is to the carrier that the passenger must submit a claim for compensation. Importantly, the tour operator can only assist in submitting a claim to the carrier. It is not entitled to pay compensation for a delayed charter flight itself.

Am I entitled to compensation for a delayed charter flight?

Compensation for a delayed charter flight will be payable on the same terms as for scheduled flights, in accordance with EU Regulation 261/2004. The European Union regulations therefore apply to every passenger.

Compensation for a delayed charter flight from airlines is payable if:

• The flight delay upon arrival at the destination was more than 3 hours;
• The flight departed from an airport in the European Union or landed in the EU and was operated by an EU carrier;
• The delay was not due to extraordinary circumstances (reasons beyond the airline's control, which could not have been avoided even if all reasonable measures had been taken), such as natural disasters.

If the delayed flight was caused by factors that the carrier could not prevent (extraordinary circumstances), it will be exempt from the obligation to pay compensation. However, in such cases, travelers are still entitled to information and care.

Delayed charter flight - compensation and its amount

The amount of compensation for a delayed charter flight depends on the length of the route and the length of the delay after arrival.

The amounts of compensation are the same as for scheduled flights. Passengers may claim compensation from the airline in the following amounts:

• 250 euros - for flights up to 1,500 km;
• €400 for flights within the European Union over 1,500 km and other flights between 1,500 and 3,500 km;
• €600 for flights over 3,500 km.

How to obtain compensation for a delayed charter flight?

Obtaining compensation for a delayed charter flight does not have to be difficult, as long as you know what steps to take.

Prepare the relevant documents, such as your booking confirmation or contract with the travel agency, boarding pass, information about the actual departure and arrival times at your destination, and receipts for any expenses incurred if the delay forced you to incur additional costs. You can apply for compensation for a delayed charter flight directly on the carrier's website.

However, if you lack the time, determination, and legal knowledge needed to successfully claim compensation on your own, especially in court, trust the specialists at AirCashBack. Contact us and join the thousands of satisfied airline passengers we have helped. Submit your claim on our website or click the button below.