Flight Delay Compensation: 4 Things You Should Know

At AirHelp we think that if you’re stuck and inconvenienced at an airport due to a fault of the airline, you shouldn’t be the one out of pocket. That’s why we’re on a mission to help air passengers. Both by educating passengers on the rights in case they are entitled of a flight delay compensation, and building technology to make claiming easier.

• Flight Delay Regulations in Europe: EC 261
• Delayed Flight Rights for UK Citizens
• Flight Delay Compensation — What About Brexit?
• Global Regulations on Delayed Flights: The Montreal Convention

Flight Delay Regulations in Europe: EC 261

If your delayed flight was into or out of Europe, you could be entitled to up to €600 in flight delay compensation. That’s because Europe has strong regulations on passenger rights.

EU law EC 261 says you can file a delayed flight claim for cash compensation if…

Delayed Flight Rights for UK Citizens

No matter where you live, if you’re flying from a European airport, or flying into Europe on a European airline, you can make a delayed flight claim for flight delay under EC 261. This chart makes it clear:

Flight Delay Compensation — What About Brexit?

The UK’s flight delay rules fall under the regulations for flight delay compensation. Consequently, they apply until the UK officially leaves the union in March 2019.

Time will tell what impact Brexit will have on air passenger rights. Like much in the Brexit negotiations, the effects are not currently clear. You can read our blog to learn about the possible effects of Brexit on air passenger rights.

But until the UK leaves the EU, the EC 261 regulations stated above are the current law.

Global Regulations on Delayed Flights: The Montreal Convention

120 nations, including the USA, are signed up to the 2003 Montreal Convention. This sets out air passenger rights for several types of flight disruption, including flight delays.

The convention addresses “damages” resulting from flight disruption. An example is financial damages. If your delayed flight meant you had to pay for an additional night in a hotel, you should be reimbursed for this. You can read more about the Montreal Convention here.

• • Delayed Flight Compensation  – How Much you’re Owed when your Flight is Delayed
  • Flight Delay Compensation – How Flight Delay is Calculated
  • Flight Delay Compensation – Compensation for Business Travellers and Public Officials
  • Right to Care: Food, Refreshments and Accommodation
  • Other Rights that come with EC 261
  • Cash Compensation or Flight Vouchers

Delayed Flight Compensation EU – How Much you’re Owed when your Flight is Delayed

For flights covered by EU law EC 261, any flight delayed for longer than three hours entitles you to financial compensation.

The amount of Europe flight delay compensation you’re entitled to depends on a couple of factors, including how long you have been delayed, and the distance of your flight. This chart breaks down how much you’re owed for delayed flight compensation EU:

Flight Delay Compensation – How Flight Delay is Calculated

Flight delay is based on the time you arrive at your final destination. This is important because even if your flight takes off late, the airline may still be able to make up time in the air.

But what exactly is a flight’s “arrival time”?

In September 2014, the European Court of Justice (case C-425/13) defined “arrival time” to be the moment at which the aircraft has reached its final destination and one of its doors is open.

This is based on the assumption that, at that moment, the passengers are permitted to leave the aircraft.

This can sometimes be a difference of 15 minutes or more from the time you landed, so it’s important to be precise if you are claiming for your flight delay.

Flight Delay Compensation – Compensation for Business Travellers and Public Officials

Many people think that their employer will be entitled to any compensation for a delay during a business trip but thats not the case.

In fact, it is the passenger who has suffered the inconvenience that is entitled to flight delay compensation, not the person who paid for the ticket.

This is the general principle set out in the EU Air Passenger Rights Regulation for major flight delays, cancellations and cases of overbooking. It doesn’t matter whether you’re an employee of a private-sector company or a public official.

Right to Care: Food, Refreshments and Accommodation

When you’re stuck waiting for the airline to get you back on track toward your destination, European law EC 261 says you’re entitled to a number essentials, depending on your flight details.

The carrier must provide you with meals and refreshments during the delay as well as access to communications, including two telephone calls, telex or fax messages, and emails.

If overnight accommodation is necessary, they must provide you with a hotel room, and transportation to and from the airport.

Other Rights that come with EC 261

Right to reimbursement or re-routing

In addition to compensation for your loss of time, if your delay exceeds five hours, you are entitled to a full or partial refund of your original ticket and a return flight to your point of departure, if needed.

Upgrading and downgrading

If you are offered an alternative flight and are lucky enough to get an upgrade, the airline isn’t allowed to charge you anything extra. On the other hand, if the class of the alternative flight is lower, you can get a reimbursement of between 30-75% of the price you originally paid.

Further compensation

Even if you are compensated under EC 261, this doesn’t affect your right to request further compensation.

This rule doesn’t apply in cases where passengers have voluntarily surrendered their reservations. But bear in mind that the amount you are entitled to under EC 261 may be deducted from whatever additional compensation you receive.

Cash Compensation or Flight Vouchers

When your flight is delayed, your airline may offer you compensation in the form of flight vouchers. Of course when you’re tired and frustrated and someone is offering you a voucher for a new flight, it’s very hard to say ‘no’.

However, you should check that by accepting a voucher, you’re not waiving your right to claim for the compensation you’re legally entitled to. EU regulations clearly state that compensation should be paid in cash, electronic transfer or checks, unless the passenger chooses to accept travel vouchers instead.

Essentially, it’s your choice as to whether to accept the vouchers or not. The data says that most people do.

But you must remember that it’s worth finding out what you might be entitled to if you refuse the airline’s offer and insist on cash instead.

Most people don’t know their rights on what compensation they’re owed. We surveyed European air travellers and found that 85% don’t know their rights, and globally 13 million passengers do not receive the compensation they are entitled to.

• Delayed Flight Claim – Are All Delayed Flights Covered by EC 261?
• Airlines Do Not Have to Pay Compensation in “Extraordinary Circumstances”
• If you Miss a Connecting Flight Because of Flight Delay

Delayed Flight Claim – Are All Delayed Flights Covered by EC 261?

Almost all routes within Europe are covered.

This includes not only EU airspace, but also Iceland, Norway, Switzerland and the so-called “outermost-regions” (French Guiana and Martinique, Guadeloupe and La Réunion, Saint-Martin, Madeira, the Azores, and the Canary Islands).

A common misconception is that EC 261 only applies to flights within Europe, but that’s not the case.

If your flight departs from any airport in the EU, you are able to make a delayed flight claim. You are also covered if your flight departs from outside the EU but is with an EU airline.

Airlines Do Not Have to Pay Compensation in “Extraordinary Circumstances”

The regulations in EC 261 state that an airline can avoid liability if the delay is caused by “extraordinary circumstances”.

These include situations like lightning strikes, medical emergencies, air traffic control strikes, serious adverse weather conditions, airport employee strikes or air traffic control strikes, air traffic control restrictions, sudden malfunctioning of the airport radar, acts of sabotage, political unrest, acts of terrorism… you get the idea.

Does snow count as a serious adverse weather condition?

It depends whether or not the airline could have prevented the problem.

If, for example, the airline failed to ensure that there were sufficient supplies of de-icer before the onset of winter, it could be held responsible for the delay – especially if flights operated by other airlines were able to depart on time.

Airline strikes do not fall under extraordinary circumstances

In April 2018, the European Court of Justice made a ruling stating that internal ‘wildcat strikes’ by flight staff do not constitute extraordinary circumstances.

Therefore, airlines must now compensate air passengers for flight delays and cancellations, when an airline strike is to blame.

If You Miss a Connecting Flight Because of Flight Delay

With travellers flying further afield than ever, it’s not unusual for a flight to have one (or more) stops, or connections, on the way.
And if any one of those flights are delayed it can cause you to miss your connection and throw the whole journey into chaos.

Firstly, if you do miss a connection because of a delayed flight, it is the airline’s responsibility to find you a replacement to the final destination on your ticket.

In addition you could be entitled to compensation under European laws. If the time you arrive at your final destination is over three hours later than your original flight, you could claim up to €600.

It’s important that your flights are booked together and part of the same journey. If you booked your own onward flight separately, that would not be covered.

You can read a lot more information on our missed connection advice page.

• What to Do When Your Flight is Delayed
• Flight Delayed Compensation  – How to Claim Flight Delay Compensation with AirHelp
• Documents You Need to Claim Flight Delay Compensation
• Tools to Help You Claim for Flight Delay

What to Do When Your Flight is Delayed

If you’ve just found out your flight is delayed, don’t stress, follow our easy step-by-step guide on how to make the best out of the situation.

Flight Delayed Compensation – How to Claim Flight Delay Compensation with AirHelp

We understand that many air passengers do not have the time, experience or inclination to fight with airlines in order to make a delayed flight claim for the compensation they’re owed.

AirHelp is able to submit claims on passengers’ behalf:

Documents You Need to Claim Flight Delay Compensation

Airlines have different procedures and required documents in order to make a delayed flight claim. The best advice is to hold on to all documents if your flight is delayed.

One of the advantages of filing a claim with AirHelp, is we know exactly what each airline will require. We’ll help you to find the right documents when you kick off your claim.

If you’re going to file directly with an airline, you can expect some pushback. Even with EC 261 on your side, they might not be enthusiastic – or quick – about paying you. To give your claim the best chance of succeeding, make sure you gather together all the documentation you can.

Tools to Help You Claim for Flight Delay

Online eligibility checker
With a few clicks of your finger, you can transform your delayed or cancelled flight into a reimbursement claim.

After you have gone through our eligibility checklist and qualify to seek compensation, the good news is you can make a delayed flight claim.

AirHelp app

We understand how frustrating it is to suffer a flight delay or cancellation and our app delivers real-time flight compensation eligibility decisions.

Boarding pass scanner

There is no need to manually enter or remember your flight details or booking numbers—just scan the barcode on your boarding pass. After this, our compensation calculator takes care of everything.

Free flight delay compensation calculator

Our free flight delay compensation calculator makes it quick and simple to find out if you’re eligible to make a compensation claim.

Using the online boarding pass scanner, you are able to check flight delay compensation eligibility instantly.

After you enter your flight details into our free compensation calculator, within seconds you are notified if you are eligible or not to make a claim for your delayed, cancelled or overbooked flight.

• How AirHelp Can Enforce Your Rights
• AirHelp’s Impact on Flight Delay Compensation Claims

How AirHelp Can Enforce Your Rights

AirHelp’s Impact on Flight Delay Compensation Claims

In 2012, a landmark ruling by the European Court of Justice declared that passengers were entitled to compensation for long delays, as long as certain conditions were met.

Following on from that ruling, the floodgates opened for flight delay compensation claims to be made by disgruntled passengers.

AirHelp’s team strives to ensure that passengers are relieved from the stress of making a claim.

We take on the responsibility of enforcing your right to compensation from the airline.

To date, we have helped over 10 million passengers process airline compensation claims.

I’m stranded on the tarmac – what should I do?

It’s important to take note of the time when the plane doors are closed. Then, if the wait feels like it’s getting a bit longer than normal, you can measure how much time you’ve been sitting on the tarmac.

If the wait is too long, there’s something you can do.

European tarmac delays are eligible for compensation just the same way a flight delay is eligible for compensation in Europe. However, if you’re not someone who likes sitting on a busy plane for longer than necessary, it’s a bad situation.

While supplying air conditioning, access to lavatories and water is mandatory, the law doesn’t require giving passengers the option to deplane until the tarmac delay reaches five hours.