Delayed flights, missed connections, cancellations, overbooking, are all risks of spoiling your holidays. Regardless of your nationality or the type of airline you choose, if one of these problems happens to you on a flight departing or arriving in Europe, you may potentially be entitled to compensation for the damage suffered. A little reminder of your rights in case of a problem.
Although the air traffic landscape has been turned upside down in recent years with the emergence of low-cost airlines, it is above all reservation practices that have undergone a profound change. Although it is fortunately still possible to visit his Air France agency around the corner, the web has taken over. The Skyscanner-type price comparators have considerably simplified the procedures for buying a plane ticket and, above all, have led to a much better visibility of the fares charged. And these new market players are subject to the same laws and obligations as their predecessors and competitors. The consumer information rules are the same as for any other sector, the first being to inform you clearly about the identity of the air carrier and any changes to it. Obviously, blacklisted companies are excluded from these platforms. Once the information has been given, any dispute (delays, cancellations...) will have to be settled directly with the airline company.
What are the basic principles of the European Regulation?
Since 2004, a piece of legislation has provided a framework for the rights of air passengers: Regulation EC261
It highlights the airlines' obligations towards their passengers in the event of flight cancellations, delays, missed connections or overbooking. To be able to apply this regulation, each case must meet at least 3 conditions: the eligibility of the flight, the nature of the incident and its circumstances. A flight is eligible regardless of the nationality of the operator if it departs from an EU member country. For flights arriving in the EU, the regulation applies only to European airlines. The passenger must then have suffered an undue delay, flight cancellation or denied boarding. Finally, the incident must be attributable to the company. Bad weather or a controllers' strike is, for example, exonerating.
What to do if the plane is delayed?
Once these basic principles have been established, what to do in the event of a long flight delay?
The Regulation provides, as a first step, for the passenger to be taken care of. In the event of a delay, the company is obliged to provide the passenger with free drinks, meals, means of communication and accommodation
This obligation to take charge shall be triggered as soon as the delay is
> more than 2 hours when the flight is less than 1 500 km long
> more than 3 hours for intra-Community flights (DOM) or a distance of between 1 500 km and 3 500 km
> more than 4 hours for flights of more than 3,500 km.
For an arrival delay of more than 3 hours and falling within the criteria of the European regulation, the company is obliged to pay a fixed compensation per passenger:
> 250€ for a flight of less than 1 500 km
> 400€ for a flight between 1 500 and 3 500 km or an intra-community flight
> 600€ for a flight of more than 3 500 km
Good to know: if your departure is delayed by more than 5 hours, you can ask the airline to cancel your trip and thus obtain a full refund of your ticket.
In case of overbooking or overbooking
This practice is sometimes used by airlines. The aim is to sell more seats than the number available, in order to anticipate possible defections at check-in. Some passengers, although present, are nevertheless denied boarding. They are usually the last to show up, but they are not usually late. In these cases and if proof of overbooking can be provided by the passenger, the passenger can be compensated by the airline on the same basis as the delays (250€, 400€ or 600€ depending on the distance of the flight)
Good to know: these refunds can be reduced by half if the airline places you on another flight with an arrival time of no more than 2 hours for short-haul, 3 hours for medium-haul and 4 hours for long-haul flights, compared to the originally scheduled arrival time. Otherwise, compensation and assistance apply as in case of delay (hotel, transfer, meals...). Of course, the refund will be full if you give up your flight.
In case of cancellation by the company
Finally, in the event of cancellation of your flight by the airline company, the same compensation as in the two previous cases will have to be applied. On the other hand, if the cancellation took place at least two weeks before departure, if the airline is able to offer you a flight with a similar schedule to yours, you will not be compensated.
A complaint?
In the event of a dispute, to file a claim, you can contact the Direction Générale de l'Aviation Civile (French Civil Aviation Authority) or directly with the company. However, it is important to know that in the face of increasing litigation and heavy administrative tasks, some companies can take charge of your case. air-indemnite.com, pioneer and leader in France since 2007, will simplify all the steps by taking charge of the entire procedure. Analysis and construction of the file, exchanges with the company, follow-up of the procedure, payment of compensation. They take care of everything and are successful in 9 out of 10 cases. Air-indemnite.com is only remunerated by a commission on the received indemnity. If the claim is unsuccessful, then nothing will be paid out!
This new type of service, added to the appearance of price comparators, offers a time saving, and a gain in all things, to travellers. An increasingly greater fluidity which allows a welcome democratisation of travel.
