Airlines strive for on-time flights, but delays are sometimes inevitable. Reasons can vary from airline issues and airport problems to unforeseen circumstances. Passengers may be entitled to compensation depending on the cause, location, and specifics of the delay.
Flight delayed? You may be entitled to compensation of up to EUR 600
An airplane ticket is a contract between you and the airline. If the flight is disrupted, the airline is obligated to get you to your destination or compensate you for losses. If your flight is delayed, remain calm and follow these steps:
If you experience additional costs due to the delay, keep all receipts for reimbursement. Avoid signing any documents or accepting vouchers that might waive your right to financial compensation.
Delayed scheduled flights may entitle you to financial compensation, food, drinks, and even hotel accommodation if the delay extends overnight. The airline covers transportation to and from the hotel.
Compensation varies based on the delay’s length and whether the airline is responsible. For instance, while airlines are generally not liable for weather-related delays, they are responsible for delays caused by their employees’ strikes.
Similar rules apply to charter flight delays. To determine the compensation you may receive, consider:
Don’t hesitate to ask airline staff for communication access to inform those awaiting your arrival about the delay.
Depending on the delay’s duration and the flight distance, you may be entitled to:
The airline might offer an alternative flight to your destination. If you miss a connecting flight due to a delay, they should provide a direct flight to your final destination. You can also cancel the flight and request a refund. While you can agree to the airline’s alternatives, avoid signing documents or accepting vouchers that might forfeit your right to financial compensation.
Here’s a breakdown of passenger rights based on delay durations:
Request to make a call or send an email. Inquire about the reason for the delay and follow the steps outlined earlier.
Drinks and cold snacks should be provided. Parents with young children should have access to a mother and child room. Communication facilities should still be available.
The airline must provide meals and drinks and offer rebooking on another flight to the same destination.
Free use of airport services, two calls or an email/fax, and access to the mother and child room (for parents).
The airline may offer a full ticket refund within seven days or return you to your departure point if continuing the journey is no longer feasible.
The airline must provide a hotel room and free transportation.
Hotel accommodation and reimbursement for expenses incurred for essential purchases (keep receipts).
Compensation for flights originating in Ukraine is determined by Ukrainian aviation regulations, including the Air Code of Ukraine, the Order “On Approval of the Rules of Air Transportation of Passengers and Baggage,” and individual airline rules. For international flights, including those operated by Ukrainian airlines, the Montreal Convention generally applies.
Specific compensation details for delays within Ukraine are provided, including refreshments, meals, hotel accommodations, and financial compensation up to half the ticket price.
In Europe, flight delay compensation is governed by EC Regulation No. 261/2004 and the Montreal Convention. EC No. 261/2004 applies to flights within, departing from, or arriving in Europe on EU-registered airlines.
The regulation outlines passenger rights, including refreshments, meals, hotel accommodations, and financial compensation ranging from €250 to €600, depending on the delay and distance. It also addresses overbooking and flight cancellations.
Please note: These regulations provide for different types of compensation, and you can claim them simultaneously. Non-pecuniary damage is not compensated.
Key points about compensation for delays in Europe are summarized, including eligibility criteria and compensation amounts.
Compensation for international flight delays depends on the airline and the countries involved. Ukrainian Aviation Rules apply to domestic flights within Ukraine. Flights between Ukraine and the EU are subject to both Ukrainian rules and the Montreal Convention, with the latter taking precedence. Flights within the EU and from the EU fall under the Montreal Convention and EU 261/2004.
To claim compensation under EC No. 261/2004, you’ll need to meet specific criteria, including a delay of three hours or more, a flight originating or ending in the EU, timely check-in, and a delay attributable to the airline. The process involves gathering flight information, booking details, and your boarding pass or ticket, then filing a claim with the airline.
Contrary to common belief, compensation for flight delays during business trips belongs to the passenger, not the employer, regardless of who paid for the ticket. This principle is enshrined in EU Air Passenger Rights Regulation and applies to flight cancellations, delays, and overbooking.
The article clarifies passenger rights during delays, including the right to food, drinks, communication access, and hotel accommodation. It also explains the right to a refund or transfer to another flight in case of significant delays and the rules regarding upgrades and downgrades.
Obligation to inform air passengers of their rights
Airlines must inform passengers of their rights under EC No. 261/2004. This information should be available at check-in counters.
The full text of the regulation is available here.
Airlines may offer vouchers as compensation for flight delays. While tempting, ensure that accepting a voucher doesn’t waive your right to claim further compensation. EU law mandates that compensation be paid in cash, bank transfer, or check unless the passenger explicitly agrees to vouchers.
However, it is worth finding out what you can claim if you refuse the airline’s offer and insist on financial compensation.
Many passengers are unaware of their compensation rights.
Flight delay is calculated based on the arrival time at your final destination, not the departure time. The European Court of Justice defines “time of arrival” as the moment the aircraft reaches its destination and a door is opened, allowing passengers to disembark.
Airlines may be exempt from paying compensation if the delay is caused by exceptional circumstances beyond their control, such as severe weather, strikes, political unrest, or security threats. However, the airline must demonstrate that it took all reasonable measures to prevent the delay.
If you miss a connecting flight due to a delay, the airline is responsible for finding you an alternative flight to your final destination. You may also be entitled to compensation if you arrive at your final destination more than three hours late. This applies only if the flights were booked together as a single journey.
To claim compensation, gather the necessary documentation, including flight information, booking number, and boarding pass or ticket. Then, file a claim with the airline. In Ukraine, ensure your boarding pass is stamped to indicate the delayed departure.
Passengers are entitled to refunds for flights canceled due to COVID-19 quarantine, despite airlines often pushing for vouchers or re-routing. The European Commission has affirmed passengers’ right to a refund in these situations.
Flight delays can be frustrating, but understanding your rights and the compensation you may be entitled to can make the experience less stressful. Keep records of all relevant information, including flight details, communication with the airline, and any expenses incurred due to the delay. If you believe you are eligible for compensation, don’t hesitate to file a claim with the airline. Services like Compensair can assist you in navigating the process and ensuring you receive the compensation you deserve.
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