The Flight Delay Compensation Regulation came in to effect in February 2005 and its primary focus is on ensuring that all passengers flying within the EU, or with an airline company based in the EU, are protected in the event of delays, cancellations or other issues. The regulation was passed by the Council of the European Union, along with the European Parliament and is enforced by them via appropriate national enforcement bodies in each of the EU countries who are involved with the treaty.
It is important to understand that this law only applies in certain circumstances and that is when you are either departing from an EU country or arriving in Europe on an airline based in the EU. If neither of these conditions apply to you, then you won’t be able to make a claim for compensation in line with this particular law; although the airline you use may have its own compensation procedures. In order to be entitled to make a claim against your airline you need to have been denied the right to board your plane; have your flight cancelled on the day you’re due to depart; find the airline has overbooked and therefore cannot offer you a seat; or your flight is delayed by more than 5 hours.
The normal form of recompense in these situations is for the airline company to offer you alternative transport to get to your destination or refund your ticket and, where applicable, you should be returned to the place that you originally departed from, which is usually your home country – if you accept a refund in the event of long delays, then the operator is not obliged to assist you in getting to your destination. If the airline is helping you to get to your next destination, or in the event of a long delay, you can expect them to provide access to food, drink and overnight accommodation, if applicable. You may also be entitled to financial compensation of between 250 and 600 Euros, depending on the distance you have left to travel and your destination. In order to make a claim you need to fill in and return a copy of the Air Passenger Rights EU Complaint Forms to the airline you used. These forms can be confusing, but Flightright are experts in this area and will be more than happy to handle the process for you on a success-fee basis, ensuring that you receive all the compensation you deserve.
It is important to note that even though you have certain rights under the Flight Delay Compensation Regulation, you do need to have fulfilled your obligations as a passenger to be entitled to compensation should anything go wrong. This means that you need to ensure that you have arrived at check-in at the appropriate time and are available and responsive to the staff should changes need to be made and appropriate alternative flights offered – not doing so can risk your right to help and compensation.
AirlineRatings.com strongly recommends that passengers check out www.flightright.co.uk to find out your compensation payment estimate, more about your rights and where you can get help.
