Passenger Rights For Flight Delay Compensation Claims
If you are flying and the flight is delayed, you could be able to claim compensation from the airline. The compensation that you are able to claim will vary depending on where you are flying and the rules that the airline has to follow. It is important that you know what your rights are and how you can claim the compensation that you are entitled to for any delayed flights.
Are You Entitled To Compensation?
Before you look at how you can claim compensation for a delayed flight, you need to know what the criteria for eligibility are. All airlines will have terms and conditions which tell you about your rights if the flight is delayed. However, most people do not take the time to read these terms and there are other underlying rules and regulations that impact eligibility.
There are 2 primary factors that make up eligibility for compensation. The first and most important is the cause of the delay. If the delay was caused by extraordinary circumstances which are outside of the airlines’ control, you will not be able to claim compensation. However, if the delay could have been avoided by the airline or was caused by the airline then you can claim compensation.
The second factor is how severely you have been inconvenienced by the delay. In many cases, this will translate into the amount of time you have spent delayed and not able to fly to your chosen destination. If you are flying with the European Union, you are able to claim compensation if you are delayed for 3 hours or more.
Who Can You Claim From?
When you make a claim for compensation, you need to know who to claim from. This will vary depending on the flight that you are taking and the airline you are using. In most cases, you will be able to claim compensation from the airline. However, if you are on an international flight that does not stop in the EU you may have to claim through your travel insurance.
If you are flying within the United States of America, the US regulations do not have much to say about delay compensation. You will need to rely on the terms and conditions provided by the airline. This is similar to what you would need to look at when on an international flight. The EU has specific rules regarding the compensation that airlines have to pay for any delays in a flight.
Flights From And Within The USA
While passengers in the USA do not have as many legal protections for delayed flights as their EU counterparts, there are some regulations that you need to be aware of. In most delayed flight cases, the passenger is left to the airline’s discretion when it comes to compensation with the only exception being tarmac delays.
If you have boarded the plane and your flight remains on the ground at a US airport, you could be entitled to compensation based on the US regulations. During this delay, the airline must provide water, food, access to toilets and any needed medication attention within 2 hours of the start of the delay. They will also have to provide status updates every 30 minutes and this must include stating what is causing the delay if it is known. If the delay lasts longer than 3 hours or 4 hours for international flights, the plane must be returned to the gate to allow you to disembark. Of course, there are some exceptions to this rule such as times when the flight crew determines it is unsafe to disembark.
If your flight has been delayed and you have not been able to board, you need to keep all travel documents such as boarding pass or booking references. This documentation will provide proof that you were meant to be on the delayed flight when you claim compensation. If your flight has been delayed for a number of hours, you should contact the airline for compensation for your inconvenience.
While the airline is not obligated to provide you with compensation, there is no harm in talking to them about it. In some cases, you will be able to get something for the inconvenience particularly if you are a frequent flyer or preferred customer. If your flight was to the EU or certain other countries, you can look at claiming compensation through the EU regulations or the Montreal Convention.
Compensation Claims For International Flights
The Montreal Convention has been in place since 2003 and provides certain rights to passengers on international flights between more than 120 participating countries. Most of the major airline markets have signed up to the convention with a few notable exceptions such as Russia, Sri Lanka, Vietnam and Thailand. The convention applied to flights from one country to another and internal flights in participating countries.
All travel issues are covered by the convention including flight delays. In terms of flight delays, only the damages resulting from the disruption will be covered. This means that you can claim compensation to cover the expenses and losses which were caused by the delay such as additional hotel bookings or lost reservations. To claim these losses, you will need to provide documentation of the incident and proof of the additional costs.
As with all flight regulations, you can only claim compensation when the delay is the fault of the airline. Extraordinary circumstances such as medical emergencies, Air Traffic Control restrictions, political unrest and labor strikes will not be covered. Additionally, the airline cannot be held liable for the delay if they have taken every reasonable measure to avoid the delay.
Compensation For Flights Within The EU
If your flight is within the EU, under European Law the airline is required to compensate all passengers for lengthy delays. The amount of compensation that you can claim under this law will vary depending on the flight type and to get more info about claim process contact with www.flightdelayclaims4u.com that describes you every thing. It is important that you know the different criteria for claiming because this will impact what you are entitled to.
The EU law covers all flights inside the EU as well as flights from the EU to a non-EU country. If you are flying from a non-EU country to the EU on a non-EU airline, you will not be covered by these regulations. Flights outside of the EU will also not be covered.
To claim compensation, the flight will need to be delayed for 3 hours or more. The arrival time for the regulations is not the time when the plane lands at the destination, but the time when the plane is parked at the gates and the doors open. While extraordinary circumstances are not covered by the law, technical difficulties and operational circumstances are covered and you will be able to claim compensation.
To determine the amount that you are entitled to claim, you need to look at the travel distance, if the flight was within the EU and the length of the delay. If you are on a short haul flight of less than 1500km, you are entitled to €250 compensation for delays more than 3 hours and if the flight never arrived. If you are on an internal EU flight that is over 1500km, you will be entitled to €400 for delays of 3 or more hours and if the flight did not arrive.
If the flight is between 1500km and 3500 and not an internal EU flight, you are eligible for €400 compensation for 3 or more hours and if the flight did not arrive. A non-internal EU flight that is over 3500km will entitle you to €300 for a delay of 3 to 4 hours and €600 for a delay of more than 4 hours or if it does not arrive.