Compensation for a Delayed or Cancelled Flight

Regulation (EC) No 261/2004 establishes common rules on compensation and assistance to passengers in the event of denied boarding, cancellation or long delay of flights. Whether compensation is due depends on the route, the operating air carrier, the duration of the delay and the reason for the disruption.

Passenger rights

Depending on the circumstances, passengers may be entitled to care, meals and refreshments, hotel accommodation, rerouting or reimbursement of the ticket. Standard monetary compensation may also be payable when the legal conditions are met.

Cancellation and long delay

The carrier must inform passengers about a cancellation and offer the alternatives required by the Regulation. A delay in arrival at the final destination may also give rise to compensation. The exact departure and arrival times, booking confirmation, boarding documents and all notices from the airline should be retained.

Extraordinary circumstances

The carrier may be exempt from standard compensation if it proves that the disruption was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. This exception is assessed on the facts of each case.

How to pursue a claim

A written claim should first be submitted to the operating air carrier. If payment is refused, the passenger may consider a complaint before the competent authority or court proceedings. Limitation periods and jurisdiction should be checked for the individual case.

This article is general information and does not constitute legal advice.

For legal assistance, contact attorney Mihail Tomov.