In 2005 the European Commission introduced the EU Regulation 261/2004 to protect travellers from ill-treatment for flight delays, flight cancellations, overbookings and even being denied to board.
The Regulation 261 applies to flights departing and arriving to and from EU airports. It was put into place originally to stop the airline over booking their flights, on the thought that not all passengers would show up, which meant denying passengers on boarding. The cancellation of flights was introduced to this Regulation to allege the flight company to operate as effectively as possible. Not long after this, the Regulation decided to incorporate flight delays, as flights would change their flight status from cancelled to delayed for long periods of time.
It is known that claiming compensation on delays and denied boarding is much easier than claiming for a cancelled flight. See below on how we here at Lansdown can help you on claiming against different types of cancelled flights.
Compensation rules have been put into place and can be quite complicated to understand, which generally stops most people from claiming compensation against airlines.
When looking at flight cancellations, the rules, as well as the compensation amounts can vary compared to flight delays for example. The criteria are different, which can affect your qualifications to be able to claim compensation.
When a flight has to be cancelled, many times it is due to bad weather conditions and it’s not generally the airline who cancels these flights but the Air Traffic Control (ATC). The cancellations can happen from either the departure airport or the arrival destination. If a plane has been allowed to take off and then hits bad weather conditions, its most likely that the plane will be delayed, it might even have to land at a closer airport, which means the next flight out will have to be cancelled. If your flight has been cancelled due to bad weather conditions, you may be able to claim compensation.
Even with bad weather conditions there are rules, as to what criteria you come under to be able to place a claim. If for example the weather has been an irregular circumstance, then you may not come into the criteria of being able to claim as it is out of the control of the airlines.
If the flight has been cancelled due to Air Traffic Control, it also may be difficult to claim compensation. However, you may be able to speak to the airline to see if there may be any entitlement to care assistance, overnight accommodations and meal deals.
It has been known of compensation claims to be won due to extreme weather conditions.
When you are looking to claim compensation for a cancelled flight, it depends on different factors. The actual amount that you can claim can depend highly on the airports that you are flying from and too, as well as the notice the airline gave you for the cancellation.
If you are flying between EU airports, there is a chance that you could be entitled up to €600, of course this will also depend on what has happened for the flight to be cancelled.
If you were given notice about the cancellation within more than 14 days of the departure date, there will be no possibility of claiming compensation. However, you would be due a refund on your ticket. If you were given notice anywhere between 7 and 14 days before the scheduled departure date, you would be entitled to claiming compensation against the airline, as well as a reroute and a refund on your original flight.
With these types of cancellations, you could be looking at anywhere between €125 & €600 in compensation.
What if your flight was cancelled in less than 7 days before the scheduled departure date?
Well, this could depend highly on how big the inconvenience was for you. It doesn’t matter why the airline cancelled the flight, whatever the reason, you will be entitled to a full refund on your ticket as well as a reroute. If you are not able to get a new flight to the destination you wanted with the airline who cancelled the flight in the first place, you are eligible to claim compensation.
People who claim compensation against the airlines under these particular circumstances could win anything between €125 & €600.
Flight cancellations that have happened because of Air Traffic Control strikes and airport staff strikes could be accepted for a compensation claim. However, this has not yet been accepted into the Regulation, so there is not a certainty on clients winning this type of claim. Never say never, it could always depend on the reasoning of the strike and could go on and be heard in court for a decision to be made.
Have you ever thought about the companies that roll the stairs up to the plane to let you on and off, the food companies that deliver the food to the planes, and all the other companies it takes to make sure the flight runs smoothly? What happens when they don’t all work together? Things definitely go wrong.
We call these companies, third party companies and even though they are a third-party company, which means they have nothing to do with the airline, and something happens between them and the airline, which means the airline is delayed or has to cancel the flight, then you could again be eligible for compensation.
Airline staff and crew issues can be a huge factor when it comes to making the aircraft run smoothly and on time. Many times, the crew are forced to work through their breaks, especially if there have been delays and/or problems, they work day in and day out on planes full of people who are ill, and not forgetting the change in temperatures throughout the flight. All these factors can make the crew ill, which can leave the airline understaffed. If the airline is too understaffed, this is considered a safety issue, and the airline can be forced to cancel the flight. Generally, the airline should have crew on standby but if they cannot get replacements and the flights are cancelled then you will be eligible to claim compensation.
When catching any flight, we should know that there is always a chance for technical difficulties. Technical difficulties on an aircraft have been accepted under the 261 Regulation, which means that at any time a plane has to be cancelled due to a technical difficulty, the clients will be able to put in a claim for compensation.
Being put on a different airline, after your plane has been cancelled, can be a great relief for many
customers. Even if you are going to be delayed reaching your destination, at least you are getting there. This however doesn’t mean that you should just be grateful to be getting your holiday, if you have been messed around like this from your airline then you are entitled to claim compensation. As long as your new flight is arriving 3 hours later than your original flight was supposed to land at your destination.
Lansdown Financial are happy to help any clients who may be struggling to know if they are entitled to claiming compensation on their cancelled flights.
Call us now on 01483 478 251 or visit www.LansdownFinancial.co.uk