7 June 2023

Flight delay compensation

Flight delay compensation

Flying is today one of the most popular means of transport. However, like everything in life, it is not free from risks. Flight delays can cause stress, additional hours spent waiting, and in some cases even missed important meetings or lost vacation days. For this reason, before you set off on a journey, it's worth familiarizing yourself with passenger rights to be prepared for such situations.

Delayed Flight: The Right to Compensation

According to Regulation (EC) No 261/2004 of the European Parliament and Council of 11 February 2004, flight passengers have the right to compensation in case of significant delays. Depending on the length of the route, compensation can be up to 600 euros.

Compensation Conditions

To claim compensation for a delayed flight, it must be delayed by at least 3 hours. The passenger has the right to compensation if:

  • At least one of the airports - departure or arrival - is located within the European Union, and the flight is operated by a carrier registered in the EU,
  • The departure airport is located within the European Union, and the flight is operated by a carrier not registered in the EU,
  • The cause of the delay is within the responsibility of the airline.

Passengers in Poland have 1 year to claim compensation for a delayed flight from the date of the disrupted flight. It's worth mentioning that in other countries, e.g., in the United Kingdom, this period is as long as 6 years.

Airline Liability and Alternative Offer

Airlines are obliged to pay compensation if the flight delay is more than 3 hours and is due to reasons for which they can be held responsible. However, in the case of extraordinary circumstances such as bad weather conditions, a terrorist threat, or a collision of the plane with a bird, airlines are exempt from the obligation to pay compensation.

Passengers should remember that in case of receiving an alternative offer from the airlines, such as vouchers or another flight, and accepting it, they lose the right to compensation for the delayed flight.

What to do when your flight is delayed?

If you experience a flight delay, you should keep all travel documents such as a boarding pass, booking confirmation, e-ticket, delay notification, and evidence of additional expenses related to the delay, such as taxi, accommodation, meals, drinks, etc. Additionally, you should note detailed flight information such as flight number, flight schedule, length of delay, and try to find out what the cause of the delay is.

How to claim compensation for a delayed flight?

There are two ways to do this. The first is to take action on your own and file a complaint with the airline. The second is to claim through a company specializing in such matters, such as ours.

Using a company specializing in this type of claim has many advantages. Firstly, you save time, and secondly, you can be sure that all formalities will be correctly completed. Such companies also have the expertise and data necessary to verify the legal basis of the claim. If the airline rejects your claim, air claims specialists are ready to help you and, if necessary, to take legal action. An important aspect is also that filing a claim is completely free, and fees are only charged in case of winning the case.