Printed on February 10, 2019 |
by Andrea Guerriero
In keeping with analysis ordered by GIVT and performed by SW Analysis*, as many as 56% of Poles are usually not conscious that they’re entitled to monetary compensation for a cancelled or delayed flight, as much as the quantity of EUR 600, and 72% have no idea that they’re entitled to a reimbursement of the ticket prices. Beneath is a recap of the passengers’ rights within the occasion of a cancelled or delayed flight
Cancelled flight – what are your rights?
To begin with, it should be saved in thoughts that compensation for a cancelled flight is likely to be relevant if the cancellation came about from two weeks to 7 days previous to the deliberate flight date, if the airline supplied various transportation that can take off no sooner than 2 hours earlier than the deliberate journey time and arrive on the vacation spot no later than four hours after the deliberate touchdown (whether it is precisely four hours, compensation doesn’t apply), and lower than 7 days previous to the deliberate flight date, if the airline supplied various transportation that can take off no sooner than 1 hour earlier than the deliberate journey time and arrive on the vacation spot no later than 2 hours after the deliberate touchdown.
You might be additionally entitled to, amongst others, lodging, if the choice flight is to happen not less than on the following day. On the similar time, in such state of affairs, in case your various flight is to take off not less than 2 hours after the deliberate journey time, you’re additionally entitled to transport from and to the airport, meals and beverage. You may additionally select between a reimbursement of the ticket worth (if it is a switch flight, the reimbursement of the ticket worth applies to the finished leg of the journey and to the leg of the journey that didn’t happen, if persevering with your journey doesn’t serve any objective), an various flight on the earliest potential time or the proper to vary your itinerary and return to the purpose of origin, if the cancellation considerations a switch flight.
Delay and compensation – when does it apply?
The important thing info within the occasion of a delayed flight is that this: with a view to qualify for compensation calculated in proportion to the size of your journey, the delay needs to be not less than three hours. How is that this time calculated? From the time of deliberate take-off to opening the airplane doorways on the level of arrival. If the delay is lower than this, for instance 2 hours, the airline operator has the obligation to tell passengers on an on-going foundation about how the state of affairs is creating and what the deliberate procedures are. Furthermore, whereas we wait, the airline operator should present us with free meals and drinks, in quantities ample to the ready time, and allow us to make two free cellphone calls and to ship two e-mails. In case your various flight, which needs to be supplied by the airline, is scheduled for the following day, you’re entitled to lodging and transport to and from it.
Typically delays exceed 2 or three hours. In case your delay is of not less than 5 hours, you’re, as a passenger, entitled to a reimbursement of the ticket worth or, within the case of switch flights, reimbursement for the leg of journey that you’ve already accomplished and for the leg that you simply missed because of the delay and that you simply don’t must take any extra. Furthermore, you possibly can demand a return flight to your level of origin.
Circumstances that exclude the airline operator’s obligation to pay compensation
The airline operator has the precise to not pay compensation in conditions the place extraordinary circumstances had been the explanation for flight disturbance, even when the foregoing circumstances are met. The extraordinary circumstances could also be: Antagonistic climate, surprising technical issues (resembling a airplane failure), political destabilization within the nation the place the flight was to happen, safety threats or air site visitors controllers’ strike. Fortunately for passengers, neither authorized nor unlawful strikes of airline operator workers don’t exclude its legal responsibility and in such occasions compensation could also be sought and the operator has no recourse towards it.
What does the compensation quantity rely upon and the way it may be obtained
The minimal quantity of compensation that may be acquired is EUR 250 and it applies to flights on distances of as much as 1500 km. Compensation of EUR 400 applies to all flights inside the European Union on distances over 1500 km and to different flights on distances between 1500 and 3500 km. EUR 600 is the utmost compensation quantity and it applies to all different flights on distances longer than 3500 km. When looking for compensation, you must also just be sure you know the airline and the territory of the flight:
- compensation doesn’t apply to flights outdoors of the EU territory, no matter whether or not the airline is registered within the European Union. It additionally doesn’t apply if the flight route was from a non-EU nation to an EU nation by an airline not registered within the European Union.
- compensation does apply in case your flight was from a non-EU nation to an EU nation by an airline registered within the EU, and when you fly from an EU nation to a non-EU nation. It additionally applies in case your flight route was totally inside the EU territory, no matter the place the airline is registered.
Authorized foundation: Regulation EC 261/2004
*Analysis was carried out in September 2018 at GIVT’s fee.