Flight Compensation
Companies or airlines have specific roles and responsibilities when it comes to flight compensation for air passengers, particularly in the context of regulations like EC 261/2004 in the European Union. Here are the key aspects of their role:
Right to Compensation:
If your flight is canceled, delayed, or you are denied boarding, you have the right to financial compensation from the airline. This compensation is determined by the distance of the flight and the length of the delay, with specific amounts set for different scenarios.
Conditions for Compensation:
To be eligible for compensation, you must meet certain conditions, including having a confirmed reservation, checking in on time, and not being subject to safety or security concerns that justify denied boarding without compensation.
Compensation Amounts:
The compensation amounts are as follows:
€250 for flights up to 1,500 kilometers.
€400 for flights between 1,500 and 3,500 kilometers.
€600 for flights over 3,500 kilometers.
Right to Care During Delays:
In the case of a flight delay exceeding a certain threshold (usually two hours for short-haul flights, three hours for medium-haul flights, and four hours for long-haul flights), you have the right to receive “care” from the airline. This includes meals, refreshments, accommodation (if necessary), and communication facilities.
Right to Alternative Travel Arrangements:
If your flight is canceled or you are denied boarding, the airline must offer you alternative travel arrangements to your final destination. This may involve rebooking on the next available flight or providing other suitable transportation options.
Right to Choose Between Compensation and Re-routing:
In cases of flight cancellation or denied boarding, you generally have the right to choose between receiving compensation and accepting an alternative flight. If you choose an alternative flight, the airline must provide necessary assistance, such as meals and accommodation.
Right to Information:
Airlines are obligated to inform you about your rights in the event of flight disruptions. Clear and comprehensive information must be provided, outlining the compensation process, alternative travel options, and other relevant details.
Exemptions for Extraordinary Circumstances:
Compensation may not be applicable if the flight disruption is caused by “extraordinary circumstances” beyond the airline’s control, such as severe weather, air traffic control restrictions, or security threats.
Applicability of EC 261:
EC 261 applies to flights departing from an EU airport or arriving at an EU airport with an EU-registered airline. It also covers flights departing from Iceland, Norway, and Switzerland.
Legal Recourse:
If your rights under EC 261 are not upheld:
- you can submit your claim directly to airline and that is a process with no financial cost but can be time consuming, limited experience and knowledge and you face the high risk that airlines reject your claim.
- Authorize Attorney to represent you and that involves high financial risk, long and expensive process and high risk for limited experience with similar cases
- You can be submit your claim to www.flycop.com, the process that takes only three minutes and our team of experts will review your claim eligibility and work closely with airlines and authorities to fulfill your rights as a flight passenger under EC 261.
Our policy is:
No win – No service fee
After we receive the compensation for your disturbed flight, we will transfer the compensation amount minus our service fee and you don’t pay if we don’t win.
If your case ends to the court, we apply the same policy that if there is no win there is no service fee.
The flight compensation is per passenger that had booked seat on the disrupted flight.
When is not applicable the compensation for disrupted flight
While passengers generally have rights to flight compensation under regulations like EC 261/2004, there are specific circumstances where compensation may not be applicable. Here are some common scenarios where passengers may not be entitled to flight compensation:
Extraordinary Circumstances:
Compensation may not be applicable if the flight disruption is caused by “extraordinary circumstances” beyond the airline’s control. This can include severe weather conditions, natural disasters, air traffic control restrictions, political instability, and security threats.
Passenger’s Willful Misconduct:
If a passenger’s behavior on the flight leads to denial of boarding or other disruptions and is deemed willful misconduct, they may not be entitled to compensation.
Safety and Security Concerns:
Passengers may not be entitled to compensation if denied boarding is based on safety or security concerns, such as unruly behavior, intoxication, or other issues that pose a risk to the flight.
Operational Decisions:
If the airline makes operational decisions, such as schedule changes or aircraft substitutions, and these decisions do not result in a delay or disruption exceeding certain thresholds, compensation may not be applicable.
Advance Notice of Flight Cancellation:
If the airline provides sufficient advance notice of a flight cancellation (typically 14 days or more), compensation may not be required. Passengers are usually entitled to reimbursement or re-routing in such cases.
Missed Connecting Flights Not Caused by the Airline:
If a passenger misses a connecting flight due to factors beyond the airline’s control (e.g., delays with a different airline or immigration issues), compensation may not be applicable.
Voluntary Re-routing:
If the airline offers the passenger the option of voluntary re-routing, and the alternative flight departs within a certain timeframe and arrives close to the originally scheduled time, compensation may not be applicable.
Airline Jurisdiction:
The applicability of compensation may vary depending on whether the airline is based within the European Union (EU) or outside the EU. If your flight departed from EU airport or landed to EU airport.
Understanding these entitlements provides you, as a passenger, with the confidence to effectively manage disruptions, guaranteeing that you obtain the compensation and support rightfully due to you.
Flycop is here to serve you with professionalism, expertise, and responsibility.