Claiming Airport Delays: Know Your Rights And Get Compensated

If your flight is delayed or cancelled, you may be entitled to compensation. The amount of compensation you can claim depends on several factors, including the duration of the delay, the distance of your flight, and the reason for the delay.

If your flight is covered by UK law, you may be entitled to up to £520 in compensation if your flight arrives at least three hours later than scheduled and the delay was the airline's responsibility. You can also claim compensation for a cancelled flight, if you were involuntarily denied boarding, or if you missed a connecting flight.

In addition to compensation, you may also be entitled to refreshments, accommodation, and other assistance if your flight is delayed or cancelled. This includes food and drinks if the delay is two hours or more, and accommodation and transportation if the delay extends to the following day.

To make a claim for compensation or assistance, gather any relevant travel documents, ask the airline for a delay confirmation, and submit your claim online or directly to the airline.

What to do when your flight is delayed

If your flight is delayed, there are a number of things you can do to ensure you are compensated and your rights are protected.

Firstly, it is important to establish whether you are eligible for compensation. If your flight has been delayed by more than three hours and the delay was the airline's responsibility, you may be entitled to financial compensation. This can be claimed if your flight departed from or arrived at a UK or EU airport on a UK or EU airline.

If you are eligible for compensation, you should then gather evidence to support your claim. This includes asking an airline representative for the reason for the delay, collecting written documentation from the airline, taking photos of the departure board, and keeping your boarding pass and travel documents. It is also important to keep receipts for any expenses incurred during the delay, such as food and drink.

Once you have gathered this information, you can submit a claim to the airline. This can be done directly or through a specialist firm, and there are online tools available to help you calculate how much compensation you may be entitled to. If your claim is rejected, you can escalate your case to the relevant regulator or an alternative dispute resolution service.

In addition to financial compensation, you are also entitled to certain assistance from the airline during the delay. This includes providing food and drinks, accommodation if the delay extends to the following day, and reimbursement for additional expenses incurred as a result of the delay.

How to claim compensation for a delayed flight

Flight delays can be a frustrating experience, but you may be entitled to compensation if your flight was delayed. Here are the steps to follow to claim compensation for a delayed flight:

Understanding Your Rights

Before initiating a claim, it is important to understand your rights as an air passenger. In the United States, there is no regulation that mandates monetary compensation for delayed domestic flights. However, if your flight is significantly delayed, airlines are required to rebook you on the next available flight to your destination at no extra cost. Some airlines may also offer meal vouchers, hotel accommodations, or ground transportation to stranded passengers.

In the European Union, passengers may be entitled to receive up to $650 (€600) in flight delay compensation under EC 261 legislation. This applies to flights departing from or arriving in the EU, as well as flights operated by EU-based airlines. The amount of compensation depends on the duration of the delay and the distance of the flight.

Determining Eligibility

To be eligible for flight delay compensation, certain criteria must be met. Firstly, your flight must have arrived at your destination more than three hours later than planned. Additionally, the delay must have been within the control of the airline (e.g. technical faults, crew shortages) and not due to extraordinary circumstances such as severe weather conditions or air traffic control decisions. It is important to note that the delay is calculated based on the arrival time, not the departure time.

Gathering Information and Documentation

If your flight was delayed, make sure to collect relevant information and documentation to support your claim. Keep your boarding pass and any other travel documents, and ask the airline for confirmation of the cause of the delay. Take note of the arrival time at your destination and gather proof of the delay, such as photos of the departure board or communications from the airline. If your delayed flight resulted in additional expenses, keep receipts for meals, hotel accommodations, or other necessary costs.

Submitting a Claim

To submit a claim for flight delay compensation, you can contact the airline directly or use a specialist company that can assist with the claims process. When submitting a claim, you will need to provide the names of all passengers, details of the delayed flights, and any relevant expenses incurred. Some airlines may require additional information, such as booking references or signed letters of authority from all passengers included in the claim. It is recommended to review the specific requirements of the airline or claims company before initiating the claims process.

Following Up

After submitting your claim, follow up with the airline or claims company to ensure it is being processed. Some airlines may be reluctant to pay compensation, so persistence may be necessary. If your initial claim is denied, you can consider seeking legal representation or using a flight compensation company to assist you in enforcing your rights.

How much compensation you're entitled to

The amount of compensation you are entitled to depends on several factors, including the length of the delay, the distance of the flight, and the countries it is flying between.

EU Regulations

If your flight departs from an airport in the EU or is operated by an EU airline and arrives at an airport in the EU, you may be entitled to compensation under EU regulations. According to European Regulation No. 261/2004, compensation for flight delays is calculated based on the distance of the flight. For short-distance flight delays of up to 1500km, passengers are entitled to €250 in compensation. Medium-distance flight delays between 1500km and 3500km entitle passengers to €400, while long-distance flight delays of over 3500km entitle passengers to €600. It is important to note that the cost of the ticket does not affect the compensation amount, and claims can be made up to 6 years after the flight.

UK Law

Under UK law, if your flight is delayed for more than 3 hours and it is the airline's fault, you may be entitled to compensation. The amount of compensation depends on the distance and destination of your flight and how late it arrived. For example, you can claim up to £520 in compensation for a delayed flight within the UK. Additionally, if your flight is delayed, the airline has a duty of care to provide you with food, drink, accommodation, and access to communication.

US Regulations

In the US, there is no federal law requiring airlines to compensate passengers for delayed or cancelled flights. However, each airline has its own policies and may offer compensation or amenities such as meal vouchers or hotel accommodations.

What are extraordinary circumstances?

"Extraordinary circumstances" refer to situations that are beyond the airline's control and fall outside of their ability to foresee or avoid. These events can include natural disasters, extreme weather, political unrest, strikes, or other unforeseen issues that affect air travel.

To be considered "extraordinary", circumstances must meet four criteria:

• Unforeseeable: Was the cause of the disruption outside of anyone's control, such as natural disasters like wildfires or floods?
• External: Did the issue occur outside the airline's sphere of influence, such as labour disputes or air traffic control delays?
• Unavoidable: Were all necessary precautions taken to prevent the disruption?
• Unexpected: Was the cause unpredictable, such as COVID-19 or other unforeseen events?

It's important to note that not all situations are classified as "extraordinary circumstances". For example, technical problems, airline staff sickness, or airline staff strikes are typically not considered extraordinary and do not exempt the airline from providing compensation to affected passengers.

The determination of whether a circumstance is "extraordinary" can vary depending on specific details of the situation. For instance, in the case of bad weather, if an airline failed to ensure sufficient supplies of de-icer for winter and other airlines were able to depart on time, they may still be held responsible for the delay.

If you believe your flight delay or cancellation was not caused by extraordinary circumstances, you can seek assistance from a claims management company or legal professional to help pursue compensation. It is essential to gather relevant information and documentation to support your claim, such as boarding passes, flight tickets, and any communication with the airline.

How to challenge extraordinary circumstances

Extraordinary circumstances is a term often used by airlines to deny compensation claims for flight delays or cancellations. However, passengers have the right to challenge these circumstances and seek the compensation they are owed. Here are the steps you can take to challenge extraordinary circumstances:

• Understand your rights: Familiarize yourself with the relevant regulations, such as Regulation 261/2004 in Europe and the Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019 in the UK. These regulations outline your rights as a passenger and the circumstances under which you are entitled to compensation.
• Determine eligibility: Check if your flight meets the criteria for compensation. In general, you may be eligible if your flight was delayed by three hours or more, and the delay was within the airline's control.
• Gather evidence: Collect as much evidence as possible to support your claim. This includes travel documents, such as boarding passes and receipts, as well as information about the delay, such as written confirmation from the airline and photos of the departure board.
• Request compensation: Contact the airline directly and submit your claim for compensation. Provide them with the evidence you have gathered and explain why you believe you are entitled to compensation.
• Seek legal assistance: If the airline rejects your claim or fails to provide a satisfactory response, consider seeking legal assistance. You can reach out to organizations like EUclaim, Bott and Co, or AirHelp, which specialize in helping passengers with flight delay compensation claims. You can also consult a lawyer or legal advisor to explore your options for further legal action.
• Appeal the decision: If you are not satisfied with the airline's response, you have the right to appeal their decision. In some cases, you may need to pursue alternative dispute resolution schemes or take the airline to court to seek compensation.

It is important to note that the definition of "extraordinary circumstances" may vary depending on the specific regulations and court interpretations. Some examples of extraordinary circumstances include severe weather conditions, security risks, air traffic control strikes, and medical emergencies. However, each case is unique, and it is essential to carefully review the specific circumstances of your flight delay to determine if they qualify as extraordinary.

Frequently asked questions