Claiming compensation against your airline
If you have been a victim of flight delays, there is a fair chance that you could receive money back in compensation.
When claiming compensation with airlines, it can be tricky and most of the time, they can often reject your claim or put it on hold. However, just because the airline has rejected your claim doesn’t mean they are correct.
If you feel you have a claim, it must be for a legitimate reason so why not take your case to the relevant regulator or the alternative dispute resolution service who will gladly investigate this for you.
Some things that you may need to know before trying to claim compensation against your airline are;
- Claiming compensation is only for EU regulated flights. Which means that you can only claim if your airline departed or landed in an EU airport. Iceland, Liechtenstein, Norway & Switzerland are also included in this rule. This doesn’t mean that if you were on a non-EU regulated flight that you can not claim. It just means that you can not claim under the EU rules, there are many other ways that you could claim if you think you have a case.
- You can only claim for any flight that you have taken in the last 6 years. Flight delay solicitors believe that airlines will more than likely refuse your claim if it is anything over the 6-year mark. This is due to the Statue of Limitations in England, Wales & Northern Ireland, if you need to take your airline to court to get the cash, they will only allow you to go back 6 years. If you are taking the airline to court in Scotland, they will only go back 5 years.
- Thirdly, you cannot claim compensation for just anything. If you are looking to claim compensation for a flight delay, then the delay must be something that the airline was in control of. g. if the flight was over booked or had a shortage of staff, that would be something within their control meaning you would have a claim. If it was an issue such as; strikes by the airport staff, baggage handlers etc, this is something that is not within the airlines control and this would not be a claim.
Being delayed is never fun, even if its not a long delay. If you are flying long haul and have to catch various flights, then a short delay could make you late for the next flight, which can cause you a lot of un-needed stress. Unfortunately, if you are delayed on a flight, you will only have a claim if the flight is arriving or arrived three hours plus late. The length of the delay is relevant to the amount of money you might be entitled to through the claim.
One of the main things you should know about the 3 hours delay time is that it is calculated by the time you arrive, not your departure. Which means if you take off 3 hours and ten minutes later than scheduled, but land in 2 hours and 55 minutes at your destination, then you will not be entitled to compensation. It must be a 3 hour + delay on the landing and remember it’s not timed until the plane touches down, its timed right up until the airline opens the aircraft doors.
Here are a few examples of what your compensation claim could look like for a flight delay:
|Delay Time||Distance Travelled||Compensation Due|
|3 Hours +||Under 1.500km||£220|
|3 Hours +||Between 1.500km & 3.500km||£350|
|3 Hours +||Within the EU & 1.500km||£350|
|3- 4 Hours||Between EU & Non-EU & 3.500km +||£260|
|4 Hours +||Between EU & Non-EU & 3.500km +||£530|
Something to remember is that this compensation is only for delays on your flight, not to claim a refund for your flight ticket. The amount you could be due is always fixed; depending on the delay length and the distance travelled.
When making a compensation claim against your airline, remember that you are claiming per person. If there are two of you travelling, then you can double it. Another reminder to this rule is that, if a passenger is flying free of charge, then they will not be eligible to claim compensation.
When your flight is cancelled
A different scenario to claiming compensation against your airline could be that they cancelled your flight altogether.
In this situation there are a few different things that you can do.
Now, no matter the reason for your flight being cancelled you are always entitled to a refund or a new flight. These rules apply needless of how long before the flight you were told about the cancellation and what it was that caused the cancellation of your flight.
When trying to claim compensation regarding your cancelled flight, your flight would have to have been either departing or arriving to an EU destination and the flight must have been cancelled within two weeks of your departure date. Depending on the arrival time of a re-scheduled flight you will be able to claim additional compensation which could be anywhere between £125 and £600.
You’ve probably heard of the many stories where people have been overbooked on flights and have been told there’s nothing they can do, they have missed their flight; maybe you have been one of those people? We all know that it isn’t right and certainly not fair on those who have missed the beginning of their well-deserved holidays.
Unfortunately, it’s a very common thing that the airlines do, just to make sure that their flights are full, because more often that not, not every seat is taken, and even if it was, not every single person turns up. Travellers are then left to sort out alternative travel arrangements off the back of the original airlines problems.
See more about flight compensation by clicking the links below: