You may be one of the lucky ones in a hurry to get to their holiday destination for the holiday season. Sometimes the trip is more complicated than expected, especially at Christmas when there are many departures. While you can already see yourself on a sunny beach or on snow-covered slopes, your eyes stop at two words so dreaded on the airport notice board: delayed flight... Don't worry, there is a European regulation protecting passengers who have experienced a flight problem: do you know your rights?
During the school holidays, it happens that an unwanted person joins your holiday program: for example, a flight delay. This type of unexpected event can cause panic when you don't know what the airline company is claiming: fallback solution, reimbursement, compensation... While the airline is required to inform passengers of their rights, in reality, all too often it fails to do so. However, a European regulation regulates the rights of passengers who are victims of a delayed, overbooked or cancelled flight
Compensation is possible in the event of a delayed flight
Among the rights defined by this European text (CE 261/2004): compensation. This must be paid to each passenger who has suffered the damage (delay, cancellation, denied boarding, missed connections). Whether it is a package tour (online or in a physical agency), or a dry flight, it doesn't matter. The right to compensation is the same for passengers of a regular, charter or low-cost airline. In addition, the indemnity is a lump sum. It does not matter, therefore, how much you have paid for your flight ticket, only the distance covered: for a short, medium or long haul you can, in the event of a problem, receive 250, 400 or 600 euros respectively in compensation.
However, in order to receive compensation, the flight concerned by the delay or cancellation must meet the eligibility criteria provided for in this famous EC Regulation 261/2004. First of all, if it is a flight delay, it is the delay on arrival at the final destination that is taken into account: the latter must be at least 3 hours. Secondly, the flight must depart from a Member State of the European Union regardless of the nationality of the carrier operating it. If the airline is a European airline, the flight may be eligible for compensation both on departure and arrival in the EU. Finally, to be compensated for flight delays, the latter must not be due to "exceptional" reasons beyond the airline's control; for example, bad weather, an air traffic control strike or an airport staff strike.
Making a claim for compensation: instructions for use
Unfortunately, the potential compensation in the event of a flight problem is not automatically paid by the company. It's up to the passenger to claim it! Less fun to write than a letter to Santa Claus, the claim following a flight disruption can be addressed directly to the air carrier responsible for it. It is often necessary to be patient and have the best pen when making a claim. Some companies have a reactive customer service, others less so... Sometimes this even requires writing in English and/or sending a registered letter. In short, this is enough to discourage the most reluctant to take on administrative tasks and the most impatient...
However, there are sites specialising in air passenger compensation, such as Air Indemnité, the French leader in this field, which offers a turnkey service, from the creation of the file to the receipt of the claim. These trusted third parties save time and energy by avoiding tedious procedures. Glazing on the log: this service costs nothing, only a commission is charged if the compensation is obtained!
In any case, for any claim, it is important to keep your travel documents (boarding pass, electronic reservations, nominative certificate of delay if the company provides them, etc.)
Mandatory pick-up at the airport
While waiting for (possible) compensation, you have to be patient at the airport! Several hours waiting for the actual departure of your flight can seem long, even very long when you go with your family and the children start to get impatient...
The good news is that the air carrier has an obligation to provide assistance to its passengers. This is one of the other duties set out in European Regulation EC 261/2004. Whatever the reason for the delay or cancellation of its flight, the airline is therefore not supposed to abandon its passengers to their fate!
It must provide access to two communications (telephone, emails), provide drinks and meals and even accommodation and transport to and from the airport if the flight initially scheduled is to be postponed until the next day. Depending on the distance of the flight, this assistance must be available for a delay of 2 hours (flights of 1 500 km or more), 3 hours (flights of 1 500 to 3 500 km) or 4 hours (flights of more than 3 500 km).
Another important information to know: if the company is at least 5 hours late compared to the original schedule, you are not obliged to wait, you have the right to claim reimbursement of your flight ticket! But be careful, if you choose this option you will have to buy another ticket at your own expense (not necessarily easy or economical in the middle of the holiday period), which means giving up any coverage from the company until your next flight (food, drinks, etc.). On the other hand, the reimbursement of the ticket does not prevent the claiming, in addition, of compensation for the damage suffered. Good news for the wallet!
