Flight Delays: Claim Compensation

Plasticky food, Z-List Movies and DVT; there are many things about airlines which can really get your goat. But now it seems that there may be at least one way to get our own back.

In a nutshell, if you don't fly on the flight you booked, at the time you booked it for, you've a shot at compensation and assistance. However, the most important factor is whether it's the airline's fault; if it can be put down to 'extraordinary circumstances', the airline's exempt from paying out (see below).


Any overbookings or cancellations by airlines will require a payout of up to €600, depending on the length of time your flight was cancelled before you were due to fly, the distance of the booked flight and the delay suffered in reaching your final destination. The legislation applies to all flights which have an EU airport as either their departure point or final destination.

When a flight is cancelled you also have the right to either a refund or transportation to your destination as soon as possible. This is on top of the compensation payout.

Flights which are subject to late take-off times should also become mildly more bearable thanks to the regulation. Airlines will be required to provide free meals, drinks and two phone calls, emails, telexes or faxes to all passengers on flights subject to long hold-ups.

To qualify for this assistance, passengers must experience delays of 2 hours for flights up to 1,500km, 3 hours for journeys between 1,500 and 3,500 km, and at least 4 hour delays for flights over 3,500km.

Any postponements of longer than 5 hours will also make passengers eligible for reimbursement of the ticket (if they decide not to travel), and if it continues into the night, hotel rooms, and transfer to it, must also be provided for poor weary customers.

In the event of either a cancellation or flight delay, the first thing you must do is contact the airline directly, and make it known that you'll be claiming the compensation. If the flight operator doesn't resolve the matter, you should then contact the Air Transport Users Council.

What's the catch?

If you have a legitimate claim, there isn't a catch; airlines that don't pay up will be hit with hefty $5,000 fines for every single passenger that they haven't compensated. However, the claim must be pursued through the authorities within the country of departure, meaning you may have to communicate with foreign agencies to get your hands on the cash.

The only possible stumbling block occurs within the confusing definition of the kind of delays that are or aren't within the airline's control. Airlines are exempt from paying out compensation if cancellations are due to ‘extraordinary circumstances'. Basically this covers unpreventable occurrences such as extreme weather conditions, security risks and worker strikes.

A Dec '08 test case went some way to making the law clearer by ruling that technical faults, unless they stem from 'events which, by their nature or origin, are not inherent in the normal exercise of the air carrier', DO NOT count as examples of extraordinary circumstances. In the past, airlines have routinely cited them as such to excuse themselves from paying out, so this is great news for consumers.

How do I put it into practice?

These are rights, and legitimate expectations. Regardless of interpretation, being aware of your rights gives you power. This legislation is officially called “EU Regulation 261/2004”. Remember this name, you may well need it. Even if it doesn't always apply, knowing it and bandying it about is power.

For full details, see the Airport Transport Users Council guidelines

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