What could be more unpleasant than being overbooked, delayed or worse, canceled your flight? I unfortunately experienced this during my last trip to Mauritius. So if it happened to me, it can also happen to you, even for a trip to London or elsewhere in the world 🙁
The procedures are often little known or considered long and complicated for users. In the same way as for the article " Luggage arrived late or lost? How to get compensation? », My goal is to present your rights to you and to help you take the necessary steps to obtain your compensation!
Do we have the right to compensation in the event of cancellation, overbooking or delay of a flight?
The answer is undoubtedly YES! However, it often happens that the airlines only offer a refund for the ticket or carry it free on another flight. However, in the event of overbooking, long delay or flight cancellation, you are entitled to specific compensation. This depends both on the distance of the flight and the extent of the possible delay.
What compensation for overbooking or denied boarding?
If, following an overbooking, you have to give up your flight against your will, the airline must offer you compensation and assistance.
Compensation depends on the distance of the flight:
- 250 € per passenger for flights up to 1500 km
- € 400 per passenger for flights within the European Union over 1500 km
- € 400 per passenger for all flights between 1500 and 3500 km
- € 600 for flights over 3500 km
Depending on the waiting period, the airline must provide you with:
- refreshments
- one or more meals
- two telephone calls
- accommodation if the departure cannot take place until the following day
- transfers between the place of accommodation and the airport
What compensation for a flight delay?
Like a denied boarding, the airline will have to take care of:
- refreshments
- one or more meals
- two telephone calls
- accommodation if the departure cannot take place until the following day
- transfers between the place of accommodation and the airport
In addition, the passenger has the right to compensation as soon as he reaches the final destination with a delay of at least 3 hours.
In this case, the fixed compensation granted amounts to:
- 250 € per passenger for flights up to 1500 km
- € 400 per passenger for flights within the European Union over 1500 km
- € 400 per passenger for all flights between 1500 and 3500 km
- € 600 for flights over 3500 km
What compensation for the cancellation of a flight?
In case of cancellation of your flight, the passenger has the choice between two alternatives:
- re-routing by another flight
- the reimbursement of the ticket on the condition that he renounces his trip
Pending re-routing and depending on the waiting period, the airline must bear the following costs:
- refreshments
- one or more meals
- two telephone calls
- accommodation if the departure cannot take place until the following day
- transfers between the place of accommodation and the airport
As part of the cancellation of your flight, the amount of compensation is:
- 250 € per passenger for flights up to 1500 km
- € 400 per passenger for flights within the European Union over 1500 km
- € 400 per passenger for all flights between 1500 and 3500 km
- € 600 for flights over 3500 km
In which cases can one claim damages?
If the delay, overbooking or cancellation of the flight has caused you damage such as the loss of one or more working days, the cancellation of your vacation or the loss of a deposit on the reservation, you can request a additional compensation.
In which specific cases is compensation not compulsory?
The airline is not required to compensate you if it has warned you at least 2 weeks in advance or in the event of force majeure, namely a climatic event (storm, thunderstorm, etc.) or an unforeseeable strike.
Please note that a strike by airline personnel is not considered to be a case of force majeure.
Finally, these rules only work for airlines from the European Union, Norway, Switzerland and Iceland.
How to make a claim for compensation following a flight delay or cancellation?
To make a claim for compensation following a flight delay or cancellation, write to the airline company explaining the facts and asserting your rights. In addition, do not forget to send your mail by registered mail with acknowledgment of receipt.
What supporting documents to make a claim for compensation?
To assert your rights, attach the following documents to your letter:
- Certificate of delay (given by the airline before or after the flight)
- Boarding card
- RIB
Keep well a photocopy of all documents.
Refusal of compensation from the airline, what are the remedies?
Some airlines may refuse or partially accept compensation. This illegal practice is intended to discourage you in the steps which are long and tedious. Above all, do not be discouraged and assert your rights!
Following the letter from the airline certifying partial or no compensation, contact the Directorate General of Civil Aviation (DGAC). The latter is able to initiate administrative sanction procedures against an airline that does not comply with the (EC) regulation.
No. 261/2004.
The DGAC only processes complaints for flights departing or arriving in France and this free of charge.
What supporting documents must be sent to the Directorate General of Civil Aviation (DGAC)?
To assert your rights with the DGAC send:
- Photocopy of your reservation
- Photocopy of the courier you sent to the airline
- Answer of the airline
- Photocopy of the certificate of delay
- Photocopy of your boarding pass
- Proof of expenses incurred if care has not been provided to you
What is the address of the Directorate General of Civil Aviation (DGAC)?
Directorate General of Civil Aviation
Air Transport Directorate
Passenger rights mission
Air passenger office (MDP / P2)
50, rue Henry Farman
75720 15 PARIS CEDEX
You can also make a complaint online on the DGAC website by completing the form " Passenger complaints ».
Air Indemnité: a company that requests your compensation
If you do not have the time to do all these steps or they seem too complex to you, then assert your rights through Air Indemnity. This company will claim your compensation for you and take care of all the administrative procedures.
To do this, simply fill out a form specifying your travel date, flight number and airline name. You will also specify the nature of the incident: cancellation, delay, overbooking. If your claim is eligible for compensation, Air Indemnity will take the necessary steps for you.
The only counterpart is that if you receive compensation, the company will withhold 30% of the amount as compensation. It may seem like a lot but even if it means doing nothing as much to earn 70% of 600 € as nothing at all!
Finally, asserting your rights is showing airlines that passengers are not submitted as they wish.
Conclusion
If like me you have suffered a delay in your flight, assert your rights even if the task seems long and tedious. You are entitled to compensation even if the airline denies it. And if this is the case, contact the DGAC which will require the carrier to comply with European regulations. And if you don't want to go through these administrative procedures, go through a company such as Air Indemnity who will take care of asserting your rights.
