Compensation for a delayed flight - when are you entitled to it?

Air travel has become one of the most popular ways to travel and discover new places in Europe and around the world. Aircraft are an extremely comfortable and fast means of transport. Unfortunately, flight delays happen quite often, which can mean unpleasant consequences for passengers. Fortunately, in the event of a flight disruption that is not caused by extraordinary circumstances, you can obtain compensation from the airlines up to €600 per person.

Below we explain when passengers are entitled to compensation for a delayed flight and how you can obtain it.

The legal basis for claiming flight delay compensation

The legal basis for claiming compensation for a delayed flight are the provisions of civil law and European Union law. Flight delay compensation is awarded on the basis of Regulation (EC) No 261/2004. It lays down Community rules on the liability of carriers for cancelled, early-departing or delayed flights, as well as for denied boarding.

How much was the compensation for the delayed flight?

The amount of compensation for a delayed flight depends on the length of the route, as well as the location of the final destination. For example, in the case of flights longer than 1500 km, you are entitled to 400 Euros in compensation. Detailed amounts are presented in the table below.

When are passengers entitled to flight delay compensation?

The air carrier is obliged to pay flight delay compensation if the following conditions are met:

• The flight delay was the direct fault of the airline, and not caused by extraordinary circumstances.
• The delay in reaching the destination was more than 3 hours. This is very important, because despite the longer waiting time at the airport, the plane can make up for the delay whilst it is airborne.
• Not more than a year has passed since the unlucky flight.

When do passengers have the right to compensation for a delayed flight?

The right to obtain compensation for a delayed flight occurs only in cases where the delay is the fault of the airline.

You are therefore entitled to compensation for a delayed flight in a situation where the flight disruption is due to operational, technical, logistical and other problems faced by the airline.

Operational problems

The flight delay was caused by the airline's poor crew scheduling.

Technical problems

The flight was delayed because the aircraft had a technical fault that was not due to a manufacturing defect.

Rotation problems

The previous flight was delayed, so the plane did not arrive on time, which caused successive flight delays.

Strike action by airline staff

Compensation for a delayed flight also occurs in situations in which the delay is caused by protesting airline staff.

Other

The airline may also encounter other unforeseen difficulties which caused the flight to be delayed.

When do airlines NOT have any obligation to pay compensation?

The rights of airline passengers also determine in which situations compensation for a delayed flight is not awarded. These are the so-called “extraordinary circumstances”, the occurrence of which excludes the liability of the carrier for the delay or cancellation of the flight, thus closing the possibility of liquidating the damage by the passenger. Such circumstances are events that airlines cannot prevent despite taking all reasonable measures. Among the most common emergency circumstances are:

• Unfavourable weather conditions (e.g. heavy snowfall);
• Riots (e.g. revolution in Egypt);
• Industrial action by airport staff;
• A technical breakdown which the carrier was not in a position to prevent.

Please note that the burden of proving the existence of extraordinary circumstances rests with the operating air carrier.

What obligations do airlines have in the event of a delayed flight?

n the event of a flight delay, airlines are obliged to take care of passengers staying at the airport. The air carrier's obligations include, above all, the need to inform passengers about the delay, but also:

• Arranging drinks and snacks for passengers;
• Ensuring the availability of using the telephone or sending an email;
• Guaranteeing accommodation and transport between the airport and the hotel, if the delayed flight will not leave until the following day.
• If the carrier does not meet this obligations, keep all receipts and invoices associated with waiting for the delayed flight. They will constitute the basis for claiming back any additional costs.

Due to a flight delay I missed a connecting flight. Do I have the right to compensation?

Of course, in this case you will also be entitled to flight delay compensation. The basis for its investigation is the length of the delay in reaching the final destination, which is at least 3 hours.

To be able to claim compensation from the airline, the condition that the tickets for both flights are covered by the same booking reference number (so-called booking reference number) must be met.

What to do if your flight has been delayed?

The information that your flight has been delayed always causes us to feel unpleasant emotions. In this stressful situation, however, try to stay calm, remember what rights you have, and take the following actions.

• Try to get some information about the reasons for the delay.
• Collect any information that may be evidence of a delay, i.e. correspondence from the carrier, photos of the departure board, etc.
• Don't sign any documents or accept any offers that the airlines make you, because you can waive away your rights in that way.
• In a situation where a delayed flight causes additional costs for you, keep all of your receipts.

Documents needed to submit a claim for flight delay compensation

In order to be able to claim flight delay compensation from the air carrier, it is necessary to have the appropriate travel documents. Filing a claim is possible on the basis of the following data:

• The flight number;
• The names of the departure and arrival airports;
• One of the following documents: boarding pass, ticket or (possibly) online flight booking confirmation.

How do I obtain compensation for a delayed flight with AirCashBack?

Entrusting us with your flight delay compensation claim saves you time and money. To claim financial compensation from the airline, all you have to do is fill in the claim form available on our website and we'll take care of the rest.

On your behalf, we send a request for payment to the carrier.

Our effectiveness results from many years of experience - we have been operating on the market uninterrupted since 2013.

If the air carrier refuses to pay compensation, we will put your case on the path to starting court proceedings.

We operate according to a no win, no fee principle. If we are unable to win your case, you haven't lost anything. We cover all the costs.