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The Lawgality Team, October 4 2023

Client Question: Delayed Flight? Understanding Your Rights

Few things can be as frustrating as a delayed flight, especially when it disrupts your travel plans. However, passengers have rights and legal protections when it comes to flight delays in the United Kingdom and the European Union. In this blog post, we will explore the legal rules surrounding flight delay compensation and provide guidance on how to claim compensation for a delayed flight.

EU Regulation 261/2004: Passenger Rights

In the European Union, flight delay compensation is governed by Regulation (EC) No 261/2004. This regulation sets out the rights of air passengers and the obligations of airlines in the event of flight disruptions, including delays.

Key Provisions of EU Regulation 261/2004:

Eligibility: Passengers are eligible for compensation if their flight departs from an EU member state or if they are flying with an EU-registered airline to an EU destination.

Minimum Delay: To claim compensation, your flight must be delayed by at least three hours.

Circumstances Beyond the Airline's Control: Airlines are not obligated to pay compensation if the delay is due to "extraordinary circumstances" beyond their control, such as extreme weather, security threats, or strikes.

Compensation Amount: The amount of compensation depends on the flight distance and the length of the delay. It ranges from £250 to £600 per passenger.

Right to Care: Passengers are also entitled to care and assistance during the delay, which may include meals, refreshments, hotel accommodation, and transportation to and from the airport.

Making a Compensation Claim

If you experience a flight delay that meets the criteria outlined in EU Regulation 261/2004, you can take the following steps to claim compensation:

Contact the Airline: Inform the airline about the delay and ask for information on your rights, including compensation eligibility.

Keep Documentation: Document the delay by keeping your boarding pass, ticket, and any communication with the airline.

Submit a Claim: Submit a compensation claim to the airline, either through their website or by email. Be sure to include your flight details, booking reference, and a description of the delay.

Be Persistent: Airlines may not always readily accept claims. Be prepared to follow up and provide any additional information requested.

Use an Alternative Dispute Resolution (ADR) Scheme: If the airline does not respond or rejects your claim, you can escalate the matter to an ADR scheme or the relevant national enforcement body for further assistance.

Time Limit for Claiming Compensation

It's important to note that there is a time limit for claiming compensation for a delayed flight. In the UK, this limit is typically six years from the date of the disrupted flight.

Conclusion

Passengers in the UK and the EU have legal rights and protections when it comes to flight delays. EU Regulation 261/2004 outlines the eligibility criteria and compensation amounts for delayed flights. If you experience a qualifying delay, follow the steps outlined in this blog post to claim compensation from the airline. Remember to keep all relevant documentation and be persistent in pursuing your claim. Understanding your rights as a passenger can help you receive the compensation you deserve when your travel plans are disrupted by flight delays.

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The Lawgality Team

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