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31 May. 2024

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Types of compensation for flight delays/cancellations and the procedure for obtaining them: what should tourists know about?

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Types of compensation for flight delays/cancellations and the procedure for obtaining them: what should tourists know about?

In the closed airspace over Ukraine, passengers use the services of European air carriers. Most travelers do not know that they are entitled to certain compensations in the event of a flight delay or cancellation, and unfortunately such situations do happen. Find out what rights passengers have when a flight is delayed and how to get compensation from the carrier

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Due to the fact that Ukraine's airspace is closed, most Ukrainians and foreigners actively use the services of European air carriers when traveling to the country. However, when planning to move, it is worth remembering that there is a risk of flight delays or cancellations. We talked about how common this problem is here. Today we will talk about the rights of passengers, which are important for travelers to know before traveling.


What are my rights if my flight is delayed or cancelled?


The rights of passengers in the European Union are regulated by Regulation (EC) No. 261/2004 of the European Parliament and the Council of February 11, 2004. It establishes general rules for compensation and assistance to passengers in the event of a flight delay.

According to Regulation (EC) No. 261/2004, if your flight is delayed or cancelled, you have the following rights as an air passenger:

- The right to financial compensation for the inconvenience caused by the cancellation or delay of your flight.

- The right to receive a refund or change the route.

- The right to free care (hotel accommodation, food and soft drinks, transportation between airports and the place of accommodation, etc.).


In what cases can I get compensation for flight delay or cancellation?


According to the Regulations, you are entitled to compensation for flight delay or cancellation if:

1. Your flight was delayed - the flight is considered delayed if your regular flight arrived at the final destination later than 3 hours;

2. The flight was canceled and you were not notified of the cancellation at least 14 days before departure.

3. Your flight was to/from/within the EU – You took off from an airport in an EU country and landed anywhere in the world, or your flight was operated by an air carrier registered in the EU and arrived at an airport in the EU.

4. The flight was delayed due to the fault of the airline (operational problems, technical problems with the aircraft, problems with flight planning, etc.).




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When are you not entitled to flight compensation?


There are several circumstances in which airlines are not responsible for problems with a flight and such a flight is not eligible for compensation:

1. Less than 3 hours late – Your flight was delayed but arrived at your destination less than 3 hours late.

2. Flight canceled more than 14 days in advance – Your flight was cancelled, but you received a warning at least 14 days before the scheduled departure.

3. Strikes and Incidents – Airline or airport strikes, as well as other incidents beyond the control of the airline, may be considered as extraordinary circumstances for which a canceled flight is not eligible for compensation.

4. Bad weather conditions – if the weather conditions at the airport of departure or at the destination make the operation of the aircraft unsafe, passengers on the affected flight are not entitled to compensation.

5. Aircraft Manufacturing Defects – When an aircraft fails due to a manufacturing defect (rather than negligent maintenance), it is considered an extraordinary circumstance. In this case, the canceled flight is not subject to compensation.

6. Non-EU flight/airline – if the flight is operated in the EU by an airline that is not registered in the EU, the passengers of this flight are not considered for compensation.


What is the amount of compensation for flight delay?


The amount of compensation you will receive for a delayed/cancelled flight depends on the distance your aircraft would have traveled along the route:

- Compensation of 250 euros applies to flights up to 1,500 kilometers away.

- For flights within the European Union (flights within the Community) exceeding 1,500 kilometers, as well as flights from 1,500 to 3,500 kilometers, the compensation is 400 euros.

- Flights that do not fall under the previous categories (a) or (b) are entitled to a compensation of €600.


How to get compensation for a delayed or canceled flight?


In general, the procedure for receiving compensation is quite complicated, especially considering that according to statistics, only 20% of airlines pay compensation directly to passengers. Usually, it takes several months, and sometimes even several years, to prepare documents and wait for money.


In order to file a claim against the airline, the passenger must collect the following documents: flight itinerary, airline tickets, boarding pass, information about the notification from the airline related to the failure, as well as any other documents that support your claim. This is important as it will serve as proof of any delay or cancellation that occurred. Then you need to contact the airline as soon as possible and inform it of the malfunction and your desire to claim compensation.


It is especially difficult to pay compensation if you have to prove your rights in court. In this situation, the passenger also needs to pay court fees and attorney's fees. Given that the amount of expenses may exceed the amount of possible compensation, such actions are not at all beneficial for passengers.


That is why experienced travelers usually entrust all the hard work to a special company that specializes in communication with air carriers, because the experts' experience can guarantee receiving compensation. Skycop is an intermediary that demonstrates high standards of service. Another important advantage of cooperation with specialists is that you do not need to pay anything in advance, intermediary companies take a commission only if the airline agrees to the reimbursement. If the airline refuses to compensate the passenger for damages, then the service (negotiations with the carrier, etc.) will be free for you.


Photo: Depositphotos


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