flights:delayed_flights
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| flights:delayed_flights [2017/01/13 14:20] – peter | flights:delayed_flights [2022/03/15 11:38] (current) – peter | ||
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| <WRAP info> | <WRAP info> | ||
| EC regulation 261/2004 covers extraordinary circumstances where 'the impact of an air traffic management decision gives rise to a long delay, an overnight delay, or cancellation of one or more flights by that aircraft' | EC regulation 261/2004 covers extraordinary circumstances where 'the impact of an air traffic management decision gives rise to a long delay, an overnight delay, or cancellation of one or more flights by that aircraft' | ||
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| + | See: https:// | ||
| </ | </ | ||
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| ===== How does compensation work for delayed flights? ===== | ===== How does compensation work for delayed flights? ===== | ||
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| The amounts available start from €250 (£212) for flights of less than 1,500km long which are delayed by at least three hours and go up to €600 (£509) for flights of more than 3,500km between an EU and non-EU airport, delayed by at least four hours. | The amounts available start from €250 (£212) for flights of less than 1,500km long which are delayed by at least three hours and go up to €600 (£509) for flights of more than 3,500km between an EU and non-EU airport, delayed by at least four hours. | ||
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| ===== What exactly are my rights? ===== | ===== What exactly are my rights? ===== | ||
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| You should also state that under Article 5, airlines are able to not pay compensation in accordance with article 7 in the case of ' | You should also state that under Article 5, airlines are able to not pay compensation in accordance with article 7 in the case of ' | ||
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| ==== What you're entitled to if your flight is delayed ==== | ==== What you're entitled to if your flight is delayed ==== | ||
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| |When the delay is five hours or longer|Passengers may opt for reimbursement of the full cost of the ticket together with, when relevant, a return flight to the first point of departure.| | |When the delay is five hours or longer|Passengers may opt for reimbursement of the full cost of the ticket together with, when relevant, a return flight to the first point of departure.| | ||
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| ==== How much compensation you're entitled to if your flight is delayed ==== | ==== How much compensation you're entitled to if your flight is delayed ==== | ||
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| **WARNING**: | **WARNING**: | ||
| </ | </ | ||
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| ===== When would you not receive compensation on cancelled flights? ===== | ===== When would you not receive compensation on cancelled flights? ===== | ||
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| * < | * < | ||
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| ===== What if Extraordinary Circumstances do occur ===== | ===== What if Extraordinary Circumstances do occur ===== | ||
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| If you have been left stuck and out of pocket by your airline, then you will need to keep a record of what you have spent, including receipts and try to reclaim from airline using the EU rule. | If you have been left stuck and out of pocket by your airline, then you will need to keep a record of what you have spent, including receipts and try to reclaim from airline using the EU rule. | ||
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| ===== How to claim ===== | ===== How to claim ===== | ||
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| If you still don’t get the answer you believe is right it is possible to take the airline to the small claims court. | If you still don’t get the answer you believe is right it is possible to take the airline to the small claims court. | ||
| + | See: https:// | ||
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| ===== How far back can I claim? ===== | ===== How far back can I claim? ===== | ||
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| There are reports of airlines trying to fob off passengers, denying they are issuing reimbursements or claiming that this is not the law. That is untrue and while you may need to be persistent, you should get your money. | There are reports of airlines trying to fob off passengers, denying they are issuing reimbursements or claiming that this is not the law. That is untrue and while you may need to be persistent, you should get your money. | ||
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| ===== What can't I claim? ===== | ===== What can't I claim? ===== | ||
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| Although, if you have taken the simplest and best-value route you may be covered and if you had been advised to get yourself home and that you would be reimbursed by the airline, then you should state this and claim. | Although, if you have taken the simplest and best-value route you may be covered and if you had been advised to get yourself home and that you would be reimbursed by the airline, then you should state this and claim. | ||
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| ===== Legal ===== | ===== Legal ===== | ||
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| * (i) the assistance specified in Article 9(1)(a) and 9(2); and | * (i) the assistance specified in Article 9(1)(a) and 9(2); and | ||
| - | * (ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and | + | * (ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)< |
| * (iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a). | * (iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a). | ||
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| 2. In any event, the assistance shall be offered within the time limits set out above with respect to each distance bracket. | 2. In any event, the assistance shall be offered within the time limits set out above with respect to each distance bracket. | ||
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| ==== Article 7 Right to compensation ==== | ==== Article 7 Right to compensation ==== | ||
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| * (a) EUR 250 for all flights of 1500 kilometres or less; | * (a) EUR 250 for all flights of 1500 kilometres or less; | ||
| * (b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres; | * (b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres; | ||
| - | * (c) EUR 600 for all flights not falling under (a) or (b). | + | * < |
| In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger' | In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger' | ||
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| * (a) by two hours, in respect of all flights of 1500 kilometres or less; or | * (a) by two hours, in respect of all flights of 1500 kilometres or less; or | ||
| * (b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or | * (b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or | ||
| - | * (c) by four hours, in respect of all flights not falling under (a) or (b), the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %. | + | * < |
| 3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services. | 3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services. | ||
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| 4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method. | 4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method. | ||
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| ==== Article 8 Right to reimbursement or re-routing ==== | ==== Article 8 Right to reimbursement or re-routing ==== | ||
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| * (a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger' | * (a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger' | ||
| - | - a return flight to the first point of departure, at the earliest opportunity; | + | |
| * (b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; | * (b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; | ||
| - | * (c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger' | + | * < |
| 2. Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under Directive 90/314/EEC. | 2. Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under Directive 90/314/EEC. | ||
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| 3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger. | 3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger. | ||
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| ==== Article 9 Right to care ==== | ==== Article 9 Right to care ==== | ||
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| * (a) meals and refreshments in a reasonable relation to the waiting time; | * (a) meals and refreshments in a reasonable relation to the waiting time; | ||
| - | * (b) hotel accommodation in cases\ | + | * (b) hotel accommodation in cases |
| - | - where a stay of one or more nights becomes necessary, or\ | + | - where a stay of one or more nights becomes necessary, or |
| - | - where a stay additional to that intended by the passenger becomes necessary; | + | - where a stay additional to that intended by the passenger becomes necessary; |
| - | * (c) transport between the airport and place of accommodation (hotel or other). | + | * < |
| 2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails. | 2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails. | ||
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| 3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children. | 3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children. | ||
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| ==== Article 14 Obligation to inform passengers of their rights ==== | ==== Article 14 Obligation to inform passengers of their rights ==== | ||
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| 3. In respect of blind and visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means. | 3. In respect of blind and visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means. | ||
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| ==== Important rulings ==== | ==== Important rulings ==== | ||
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| This Regulation is applicable to all worldwide airlines when departure takes place within the EU and, in the case of flights from outside the EU to a destination within the EU, only to airlines licensed in a Member State of the EU. | This Regulation is applicable to all worldwide airlines when departure takes place within the EU and, in the case of flights from outside the EU to a destination within the EU, only to airlines licensed in a Member State of the EU. | ||
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| ===== Sample reclaim letters ===== | ===== Sample reclaim letters ===== | ||
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| [passenger name] | [passenger name] | ||
| </ | </ | ||
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| ==== Delays or cancellations classed as extraordinary circumstances ==== | ==== Delays or cancellations classed as extraordinary circumstances ==== | ||
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| [passenger name] | [passenger name] | ||
| </ | </ | ||
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| ===== References ===== | ===== References ===== | ||
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| + | https:// | ||
| [[http:// | [[http:// | ||
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| http:// | http:// | ||
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flights/delayed_flights.1484317202.txt.gz · Last modified: 2020/07/15 09:30 (external edit)