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 Flight delay compensation entitlement    Article posted by FRENCH INFO

How does it work?

In a nutshell, if you don't fly on the flight you booked, at the time you booked it for, you've a shot at compensation and assistance. However, the most important factor is whether it's the airline's fault; if it can be put down to 'extraordinary circumstances', the airline's exempt from paying out.

The legislation applies to all flights which have an EU airport as the departure point or those with an EU airport as the final destination if you've travelled on an EU airline.

Cancellations

When a flight is cancelled you have the right to either a refund or transportation to your destination as soon as possible.

Any overbookings or cancellations by airlines within 14 days of your journey, subject to a crucial exception, will also require a payout of up to €600, depending on the length of time your flight was cancelled before you were due to fly, the distance of the booked flight and the delay suffered in reaching your final destination (if you choose to take a refund this will be the delay from the alternative flight offered).

Delays

Flights which are subject to late take-off times should also become more bearable thanks to the regulation and since Nov 2009 some passangers can get compensation too.

Depending on the flight distance and length of delay airlines must provide passengers with: free meals, drinks and two phone calls, emails, telexes or faxes; and/or compensation up to €600.

Any postponements of longer than 5 hours will also make passengers eligible for a refund of the ticket (if they decide not to travel), and if it continues into the night, hotel rooms, and transfer to it, must also be provided for poor weary customers.

So how do you get it?

In the event of either a cancellation or flight delay, the first thing you must do is contact the airline directly, and make it known that you'll be claiming the compensation. If the flight operator doesn't resolve the matter, you should then contact the Air Transport Users Council.

What's the catch?

If you have a legitimate claim, there isn't a catch; airlines that don't pay up will be hit with hefty £5,000 fines for every single passenger that they haven't compensated. However, the claim must be pursued through the authorities within the country of departure, meaning you may have to communicate with foreign agencies to get your hands on the cash.

The only possible stumbling block occurs within the confusing definition of the kind of delays that are or aren't within the airline's control. Airlines are exempt from paying out compensation if cancellations are due to ‘extraordinary circumstances'. Basically this covers unpreventable occurrences such as extreme weather conditions, security risks and worker strikes.

A Dec '08 test case went some way to making the law clearer by ruling that technical faults, unless they stem from 'events which, by their nature or origin, are not inherent in the normal exercise of the air carrier', DO NOT count as examples of extraordinary circumstances. In the past, airlines have routinely cited them as such to excuse themselves from paying out, so this is great news for consumers.

How do I put it into practice?

These are rights, and legitimate expectations. Regardless of interpretation, being aware of your rights gives you power. This legislation is officially called “EU Regulation 261/2004”. Remember this name, you may well need it. Even if it doesn't always apply, knowing it and bandying it about is power.

For full details, see the Airport Transport Users Council guidelines