Delayed flight – passenger rights in the event of a delayed flight:
• You are entitled to compensation after 3 or more hours of delay
• Compensation ranges from €250 to €600
• After a delay of 2 hours the airline should provide you food and drinks
• If your flight is delayed overnight, the airline is obliged to provide hotel accommodation.
The first steps towards compensation
• Ask the airline to tell you the cause of the delay when you are at the airport
• Collect relevant documents such as receipts and vouchers for expenses incurred by the delay
• Use our application to claim compensation
Compensation for delayed flight
Under European Regulation 261/2004 and the Montreal Convention, compensation for delayed flights is calculated according to the distance of the flight. All flights that are delayed for at least 3 hours and qualify under the legal regulations are entitled to full compensation.
Here is an explanation of the compensation plan, calculated on the basis of flight distance:
| Short distance up to 1500 km | Average distance up to 3500 km | Distance longer than 3500 km |
|---|---|---|
| Bucharest- Wien | Bucharest- Rome | Bucharest- Montreal |
| 250 € | 400€ | 600 € |
Note: the cost of the ticket has no bearing on the total amount of compensation and as such you will be able to claim for flights with low-cost airlines. It is also possible to make claims for flights up to 3 years. However, for your claim to be eligible for compensation, the flight must depart from the EU or if it lands in the EU, the airline must be based in the EU.
It is important to note that delays are calculated according to the time of arrival and not the time of departure.
In September 2014, the European Court of Justice (case) defined “arrival time” as the time
when the aircraft reaches its final destination and at least one of its doors opens.
This is based on the assumption that this is the moment when passengers are allowed to
disembark.
If your flight is delayed for business, you will receive
compensation, not the employer. Also if you are travelling as a civil servant,
the regulation considers that you will be the one entitled to compensation from the airline. The one who has suffered the inconvenience of being delayed is the one who receives compensation – regardless of who paid for the ticket.
Even if you are offered airline vouchers for meals and drinks, you are still in
still eligible for the full amount of compensation.
Delayed flight compensation procedure
The first thing to do is to have confirmation that you are indeed eligible for compensation. This is not a simple process: getting access to flight databases, comparing your situation with other similar cases, checking whether European Regulation 261/2004 or other international regulations applicable to air transport apply to you.
In fact, for a person without aviation expertise and the necessary technological means, this can prove to be very complicated.
However, the simple alternative is to claim compensation with DELAY.AERO. To do this, simply enter your flight details into the “GET COMPENSATION” application on our website for free. The DELAY.AERO team will check the details entered and determine whether you are entitled to make a claim against the airline. From then on, DELAY.AERO takes over the case and you are notified when the airline grants you compensation. The DELAY.AERO tool analyses hundreds of thousands of flights, has access to a wealth of meteorological data and is able to check whether your claim can be settled under EU law or other legal provisions applicable to your case.
The verification of the eligibility of your request is carried out by DELAY.AERO free of charge
Our network of experts and our experience in the aviation sector, as well as the partnerships we have, allow us to negotiate with airlines on an equal footing. In 98% of open cases, our clients have won the case and received compensation/refunds. Regardless of the outcome, we take all the financial risk. If we are unsuccessful in your case, for whatever reason, we alone bear the costs. When we win, we receive a service fee according to the Price List from the amount recovered. This protects you, the client, from any lost expenses and investment.
Rights in the airport, in the event of a delayed flight
If you have experienced a long delay in departure, you are entitled to more compensation, regardless of whether the airline is responsible for the delay or not.
Below, you can see your rights, based on the length of the delay and the distance of your flight:
– Short distance – up to 1500 km: delayed departure over 2 hours – free food and drinks and 2 phone calls, emails or faxes
– Medium distance – between 1500 and 3500 km: delayed departure over 3 hours – free food and drinks, and 2 phone calls, e-mails or faxes
– Long distance – Over 3500 km: delayed departure over 4 hours – free food and drinks and 2 phone calls, e-mails or faxes
If your flight is delayed more than 5 hours
If your flight is delayed for more than 5 hours, you can cancel your flight and the airline will be obliged to refund your ticket price. Alternatively, you have the right to ask the airline to organise the fastest possible alternative form of transport. The airline may also transfer you back to your original point of departure, for example, if you missed a business meeting because of a missed connecting flight, you have the right to get a transfer back to your original point of departure.
If your flight is delayed until the next day
If your departure is delayed until the next day, you can take advantage of one night’s accommodation and return transport from the airport. Airlines usually organise the overnight stay and transfers themselves and inform you of the planned arrangements. Before you decide to book anything, it is always best to check directly with the airline.
‘Extraordinary circumstances’ in cases of delayed flights:
Sometimes the delay or cancellation of a flight does not qualify for compensation because the reasons behind the disruption have been deemed to be “extraordinary circumstances”. There are factors beyond the responsibility or control of the airline. These circumstances include:
– Closure of airports and airspace
– Political instability
– Unavoidable security risks
– Strikes
– Birds flying into the engine
– Adverse weather conditions
Please be aware that there are exceptions to the rule – for example, if it is shown that the problem could have been avoided by the airline.