Are we entitled to compensation if our flight is delayed or cancelled, and if there are problems with our luggage?

The global waning of the COVID-19 pandemic has predictably led to an increase in travel, including air travel. Despite the positive emotions they bring us, air travel is sometimes accompanied by less than pleasant experiences. Therefore, if you fall into one of the following groups of travelers, don’t stop reading because this article is for you:

• Have you ever waited for hours at the airport because your flight was delayed?
• Was your flight cancelled?
• Have you been denied boarding against your will?
• Has your luggage ever been damaged, delayed or lost on a flight?
• Or maybe you haven’t fallen into the above hypotheses, but you want to know how to act and what rights you have in case you ever do?

In 2004, the European Parliament and the Council of the European Union created Regulation 261 (or EC No. 261 for short), which establishes common rights for compensation and care for passengers in the event of a delayed or canceled flight and denied boarding. In this article, we will look at the most common problems when traveling by plane, our rights as passengers, including the right to receive monetary compensation, and the legal framework of this matter according to Regulation (EC) 261/2004.

1. Our flight is late. What are our rights and options?

One of the most common hypotheses when traveling by plane is the flight delay. Sometimes it may be minimal, but in case of a delay of more than 2 hours, a number of rights are provided for the benefit of passengers, which we will discuss below:

• A delay of more than 3 hours from the pre-scheduled arrival time of the flight gives you the right to receive compensation from the airline of up to €600, in accordance to Regulation (EC) 261/2004. The amount of compensation depends on the distance of the flight, namely: compensation of €250 for flights up to 1,500 km; compensation of €450 for flights between 1,500 km – 3,500 km; €600 compensation for flights over 3,500 km;
• Regulation (EC) 261/2004 provides that compensation should not be paid to passengers when the flight delay is due to extraordinary circumstances which could not have been avoided, even if all reasonable measures had been taken. Such circumstances include, for example, political instability, weather conditions incompatible with the operation of the flight concerned, security risks, unexpected defects in the flight safety system and strikes affecting the operation of the air carrier. It should be noted that a number of airlines refuse to pay compensation to passengers on the grounds of the existence of an extraordinary circumstance, even though such a circumstance does not actually exist. It is therefore important to seek the advice of a legal specialist, who can adequately and promptly protect your legal rights.
• If your flight is delayed by more than 2 hoursat departure, you are entitled to care provided by the airline, which includes:
• free drinks and food to match the duration of your stay;
• free hotel accommodation in cases where you have to stay for one or more nights, or where you have to stay for an additional period beyond the one originally planned by the passenger;
• the airline is obliged to provide you with free transport between the airport and your accommodation (hotel or other place);
• two free telephone calls, telex or fax messages or electronic messages.
• If your flight is delayed by more than 5 hours,you have the choice between re-routing or refunding the price of the ticket in case you decide not to travel. In addition, if your flight reaches its final destination with a delay of 3 hours or more, you may be entitled to the same compensation as that offered when the flight is canceled (€250 for flights up to 1,500 km; €450 compensation for flights between 1,500 km-3,500 km and €600 compensation for flights over 3,500 km), unless the air carrier can prove that the delay is due to extraordinary circumstances.

2. Our flight has been cancelled. What are our rights and options?

It is not uncommon for an airline to cancel a flight. Therefore, Regulation (EC) 261/2004 provides for compensation for your inconvenience by paying monetary compensation when you have been notified of the cancellation less than 14 days before the flight date. The amount of compensation is as follows: €250 for flights up to 1,500 km; €450 for flights between 1,500 km-3,500 km; €600 for flights over 3,500 km.

• In the event that your flight is brought forward by more than one hour (the plane departures earlier than originally planned), this is considered a cancelled flight. You are therefore entitled to compensation as for the cancelled flight referred to above.
• Also in the case of flight cancellations, Regulation (EC) 261/2004 provides for hypotheses in which the liability of the airline is not engaged, namely in the presence of extraordinary circumstances – strike action, bad weather conditions, terrorist act, etc. We advise you to question such motives, as there are a number of known examples of unjustified denials of compensation by airlines based on some of these circumstances.
• Canceling the flight gives you the right to choose between re-routing or refunding the price of the ticket. In case you choose re-routing, you have the right to care, which means that the airline should provide you free of charge:
• food and drinks corresponding to the duration of your stay;
• two telephone calls, telex or fax messages, or electronic messages;
• hotel accommodation and transport between the airport and the accommodation if the replacement flight departs on the following day.

3. They deny us access to board the plane. What are our rights and option?

Although the percentage of such hypotheses is small, there are still enough such situations for us not to neglect considering the rights we have when it happens to us.

• We would only be entitled to monetary compensation from the airline if we turned up at the boarding gate on time and the crew refuses us access to board the aircraft, i.e. when we are fine as passengers but are still not allowed to board the plane. There are usually two main reasons for denial of boarding: operational error of the airline carrier or overloading of the aircraft. Regardless of the reason given, if you have fulfilled your obligations to be on time at the gate and have the relevant valid travel document and ticket, you are entitled to compensation for the inconvenience caused to you by being unreasonably denied boarding. It is extremely important that you keep your boarding pass and ask the carrier for a denied access document or other proof. These are your guarantees of receiving compensation.
• No monetary compensation is due to us for denied access when we voluntarily give up our seat. In some of these situations, airlines offer vouchers, points or money to passengers who voluntarily give up their seats and take a later flight. Of course, traveling with an invalid passport or without a visa (if one is required) are grounds for being denied boarding, with the result that passengers are not entitled to monetary compensation.
• In case of denied access on board the plane, we have the right to choose between refunding the price of the ticket or rerouting. If we choose rerouting, we are entitled to care provided by the airline, expressed as free of charge:
• food and drinks corresponding to the time of our stay;
• two telephone calls, telex or fax messages, or electronic messages;
• hotel accommodation and transport between the airport and the accommodation if the replacement flight departs the following day.

4. Problems with our luggage – it’s damaged, delayed or lost. What to do before and after finding the problem?

There is hardly a person traveling by plane who has not at least once encountered a situation with damaged, delayed or lost luggage – either as a personal victim or at least as a witness. That is why below we will give you valuable advice on what to do if you find yourself in one of the above scenarios with a luggage problem.

• Preventive measures – we advise you to take a photo or video of the contents of the suitcase, considering what items not to put in your checked baggage (such as a tablet, lap top, camera or other valuables that you should carry in your hand luggage). Remove tags from previous trips and put a badge on your suitcase with your name, address, email and phone number to make it easier for the airline to contact you if necessary. Also consider insuring your valuable luggage when traveling.
• After finding a problem with your baggage – once you have found that there is a problem with your baggage (it is damaged, did not arrive, etc.), you should immediately go to the Baggage Claims desk at the airport itself, where you need to fill in a so-called PIR – a special report describing the problem. You should also fill in a similar form on the airline’s website within 7 days of discovering the problem. If you purchase the so-called essential items, keep the receipts for them and you can later claim reimbursement from the airline. In any case, when your baggage does not arrive within 21 days, it is considered lostand you should submit a new form on the carrier’s website to claim compensation for your lost baggage. The maximum amount is regulated by the Montreal Convention and is up to about €1,600, depending on the actual value of the damage in the specific case. When submitting the form, you should send a copy of the tickets and baggage tags, the PIR originally filled in the airport counter, and photographs if you have them.

5. Professional legal assistance in case of flight problems

Each passenger has the opportunity to personally address the airline with a request for compensation. However, and in view of the frequent practice of carriers to unnecessarily prolong the process and/or refuse to pay monetary compensation, refund the value of tickets paid by passengers, etc., we advise you to seek qualified legal assistance to protect your rights and legitimate interests. In addition to largely guaranteeing your success, you save the time and unnecessary nerves that inevitably accompany the process of making a claim against the airline for payment of compensation. In case you need assistance in claiming compensation from an airline for a delayed or canceled flight, you can contact Fly Protect, which specializes in civil claims to airlines.