Have you gotten your flight delay compensation of up to 600 Euro on your last flight? – Flight Delay Compensation Regulation – purpose, benefits, the good and bad.
In cases where passenger rights were violated by Airlines due to flight cancellation, long delays or denied boarding were not clearly regulated by law or regulation up until 2004. Most of these situations were solved on an “ad hoc” basis, and the solution completely depended on the agreement between the airlines and passengers. If the passenger failed to receive sufficient compensation, the only Institutions to which he could appeal, was the same airline that caused the problem in the first place, except of course in some extreme situations when it came to civilian courts. The trend of consumer protection in the EU has brought this status under attention and has clearly pointed out the need for clear rules to regulate conduct and obligations of airlines in these three situations.
On 11 February 2004, Flight Delay Compensation Regulation (EC) No 261/2004 was accepted by the EU Parliament, which regulates all types of obligations in the form of compensation and assistance that Airlines must provide when it comes to the situations of cancellation, long flight delays or denied boarding. This regulation became active on 18 February 2015, and starting from that moment it is possible to achieve compensation if you have experienced any of these three uncomfortable situations.
What is important to note before we move on is that the most common reasons for any kind of flight delay are meteorological conditions that require postponement of takeoff or landing. Any delay of less than two hours is considered normal in the air transport and is legally acceptable. Airlines in this case do not have any obligations towards passengers.
This regulation brought with it some really good opportunities, especially for those that have been inconvenienced, so they can achieve adequate compensation for all of the incurred stress and discomfort that these situations carry with them. In this way are not only the basic rights of passengers being ensured, but airline companies are also punished for providing incomplete or inadequate service.
This regulation only applies to EU flights, meaning that it is necessary for the starting point of the flight to be one of the airports in the European Union or in one of the countries that have accepted this legislation. In this situation it does not matter whether the Airline itself comes from any of the EU countries. If the starting point of the flight is a non EU airport, and the destination is inside EU, it is important for the airline to be from an EU country (you can read more on this topic here).
What is also important to note is that you cannot get compensation for cases prior to 18 February 2005, when the law actually became active. Of course, if this kind of request happens to reach any of the civilian courts, then it will be regulated by the laws of limitations of the country in which the litigation takes place.
Cases in which a request for compensation goes to court are rare, and certainly one of the reasons why such clear rules are adopted at EU level is to regulate these kind of situations. As already mentioned, these regulations clearly state what kinds of situations are eligible for compensation, as well as the obligations of airlines towards the passengers.
Every year, the airlines pay out more and more money because of the requests for compensation that have been submitted by aggrieved passengers. The number of requests for compensation is increasing year after year, and there is a growing number of those who are positively resolved, i.e. in favor of the passengers. The most convenience way to get your personal flight compensation is to check if you have a right for compensation at www.claimflights.com.
Forcing airlines to pay compensation has a positive impact on the increase of quality of services. It increases the cost for faulty airlines and decreases the cost for correct airlines which are able to deliver the service in time.
From the viewpoint of the passengers, there are certainly far more positive aspects of such regulations, and the EU parliament plans to include additional rules that will regulate more precisely all the rights of passengers and the obligations of the airlines.