When to Take Your Compensation Claims to the Courts?

Posted on June, 9 2015 by Blueway Limited

A flight delay can be the most frustrating thing to happen to any traveller. It is because a lot of people are running on tight schedules and when an airline does not arrive or take off on time, it can lead to the passengers losing out. People may have connecting flights, appointments to keep or they may just be holidaying, all of which can get ruined with a delayed flight. While it is not the airline’s best interest to be late, they are at times, the only ones to be blamed for the delays. To compensate for the amount of time lost, which realistically cannot be returned, the EU has made a set of rules outlined in the Regulation (EC) No 261/2004, where the amount of money that the airlines have to pay in case of delays is mentioned.

Filing for flight delay compensation claims

If your flight has been delayed and if the airline is not giving you a satisfactory reason for it, you can file for flight delay compensation claims. If the reason giving by the airline falls under ordinary circumstances, something that could have completely been avoided had the operator been a little diligent, you can file a claim. Before you do, however, make sure that your claims cannot be rejected. Your flight will have to be delayed by a certain number of hours in its arrival (at the  destination) after the scheduled time period. You are eligible for flight delay compensation if the delayed was:

  • Over two hours for a flight covering 1,500 km.
  • Over three hours for a flight covering between 1,500 and 3,500 km.
  • Over four hours for flights covering any distance over 3,500 km.

However, to be eligible for it, you should have checked in at the airport by the time specified by the airline. Your ticket must have been paid for, reserved, and confirmed. The airline must be an EU registered and owned airline, flying within the community.

How to do it

The first thing to do is to contact your airline directly. Most airlines have a format provided on their websites on how to make claims. They will just be simple forms that you will have to fill out and submit along with a few details like your proof of travel. You may also have to write directly to the complaints and other grievances handling offices. The only issue with doing this is that for the most part, the airline will reject them.

Flight delay compensation claims professionals

There are companies that specialise in filing flight delay compensation claims. You can contact them and they will take your case to the court. Some companies will even provide legal assistance if needed and ensure that you get what is due to you. If your claim is a valid one and the airliner caused the delay with no incidence of extraordinary circumstances, the courts are also likely to rule in your favour and award you the money as outlined in the regulations.

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