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How to claim compensation for a delayed or canceled flight?

Imagine arriving at the airport and discover that your flight is late. You left work early to be at the airport two hours before and even checked in online. But none of that matters, because unless you know your rights, you most likely have to endure the tremendous inconvenience of a delay and the respective consequences. This is a scenario that affects millions of passengers every year and, therefore, the European Parliament adopted Regulation 261/2004, to establish and regulate the right to claim compensation. We will explain what you have to do to claim your compensation, which can range from 250 to 600EUR.

    Am I entitled to compensation?

  1. To qualify for compensation, the following conditions must be met:
  2. 1. Origin of the flight

  3. The flight must have as a starting point a city of an EU country (and also of Iceland, Liechtenstein, Norway and Switzerland), or alternatively a country outside the EU but that has landed in an EU country and have It was operated by an airline based in the EU. For example:
    • Flight from Munich to Toronto: YES
    • Flight from Toronto to Munich operated by Lufthansa: YES
    • Flight from Munich to Toronto operated by Air Canada: YES
    • Flight from Toronto to Munich operated by Air Canada: NO
  4. 2. The airline company should be responsible for the delay

  5. The airline is not responsible if your flight has been delayed due to the eruption of a volcano or a fire at the airport since these types of factors are considered "extraordinary circumstances". However, even if the airline tries to convince you otherwise, "technical problems" do not fit into the concept of "extraordinary circumstances".
  6. 3. Duration of the delay

  7. Have you reached your final destination how long after the scheduled time? If you have reached your final destination 3 or more hours later than scheduled you may be entitled to receive compensation.
  8. How can I submit my compensation request?

    Yourself

  9. Of course, nothing prevents you from contacting the airline and claiming compensation. However, if you do, it is best to make sure that you have plenty of determination and patience, but above all that you know your rights as a passenger. In general, airlines try to offer alternatives instead of paying what is established by law (eg, prepaid credit cards for certain stores or travel credit that you can use under certain conditions). If the airline refuses to comply with the stipulations of the law, the next step will be to claim together with the competent authorities of its country and take the case to the courts.
  10. Through an intermediary

  11. Alternatively, you can ask for your compensation with the help and services of a professional intermediary. Right Claims, a UK commission based claims agency, is in charge of all aspects of the management and execution of the Regulation: preparation and presentation of a compensation request from the legal point of view, communication with the airline, verification of all the details regarding the delay, and if necessary, legal representation in the courts.
  12. By yourself vs. through an intermediary: pros and cons

    Yourself

    Pros:

    • Not having to pay commission

    Cons:

    • Having to prepare and make the compensation request for yourself
    • Procedural complications and time needed to solve them
    • High probability that your order will be ignored or receive an offer lower than what is entitled by law
    • Total and exclusive liability for court costs if the case ends in the courts

    Through an intermediary

    Pros:

    • Highly simplified procedure with minimal participation on your part
    • Not having to make any payment in advance
    • No liability for court costs in the unlikely event that we do not win the case
    • No administrative cost (most intermediaries charge a fixed administration fee)
    • Free access to lawyers specialized in European Aeronautical Law

    Cons:

    • 25% commission, deducted from the total value of the compensation paid by the airline

    Where do I begin?

    If you decide to do it yourself, then the first step is to contact the airline's customer service. Write a detailed letter quoting the relevant section of the Regulation, send it by fax or email, and wait for a response. Be prepared to provide all relevant information (reference / reservation number, date and flight number, reasons for delay, etc).

    If you choose to do so through intermediary, then the procedure is limited to the following steps:

    • Fill the Compensation Calculator to know the value of the compensation to which you are entitled. You will need the reservation reference and the flight number, as well as the reasons for the delay: time of departure and arrival of the flight
    • Indicate your email address and create a password - which will allow you to check the status of your compensation request at any time
    • Once you send us your compensation request, you will receive a confirmation email
  13. Your air ticket is a contract between you and the airline. If he himself has been violated, the law is in his favor!

How to claim compensation if your flight is delayed or cancelled?

Any passenger within the European Union enjoys protection in the event of a delay with your flight. After two hours of delay, passengers are entitled to receive assistance from the airline and after three hours can receive financial compensation. Flight compensation for the delay varies from 250 to 600 euros per passenger provided that the airline is responsible and has not put all the necessary means to avoid it.

Even so, the administrative procedures and waiting lines to carry out this kind of procedures can throw us back and make us resign ourselves to arrive later at our destination and miss a meeting, a hotel reservation or a transport booked in our destination. Notwithstanding the tactical “wear you out until you get tired” approaches the airlines use to push their passengers around to avoid paying out compensation.

Self submission of claims are often crucial and easy to do, however, it is proven in many cases to be unsuccessful as passengers may usually not have the nerves of steel to chase up their compensation until the end and often relent in the middle of it, or not claim at all. Right Claims, a UK commission based claims agency could be the necessary evil to handle such claims on affected passengers on no win, no fee basis and ensures to get to the bottom line of the process.

INDEMNIFICATION FOR DELAY

  1. Flights with less than 1,500 kilometers that accumulate a delay of two hours or more are compensated with a maximum of 250 euros. Those who have a journey between 1,500 and 3,500 kilometers and a delay of at least three hours allow compensation of up to 400 euros, while those that exceed the 3,500 kilometers of travel and are delayed four hours or more provide a compensation of 600 euros. These amounts also apply to cancelled flights.
  2. If the delay is more than five hours, passengers have the option to claim a refund of the ticket and a return flight if applicable. In addition, passengers have a period of up to six years to make these claims.
  3. In addition to compensation, the regulations determine that, if the delay is more than two hours, the company must provide sufficient food and drinks, depending on the time it is necessary to wait, as well as free telephone calls or other means of communication. It is also worth knowing that, if the new flight is the next day or later, passengers have the right to receive free accommodation in a nearby hotel as well as transportation between the airport and the place of accommodation.
  4. According to the Court of Justice of the European Union, passengers who suffer a delay of at least three hours in arriving at their destination are comparable to the customer who suffers a cancellation, therefore, the company must offer an alternative means of transport and also the passenger has the right of compensation.

CANCELLATIONS

  1. According to the rights of air passengers of the European Union, if a flight is cancelled, you are entitled to a refund of the ticket, alternative transport or a return trip, in addition to assistance and compensation.
  2. You are entitled to compensation if they inform you less than fourteen days before the scheduled departure date. The airline has to show that it has personally informed you of the cancellation and when it did. Otherwise, you can contact your national administration for help.

help@rightclaims.co.uk


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