Can I receive compensation if my flight is delayed?
September 26, 2022 | 30,00 EUR | answered by Fred Kock
Dear attorney specializing in travel law,
My name is Sebastian Krüger and I recently took a flight where my flight was significantly delayed. The flight was scheduled to depart at 2:00 PM, but it was only processed at 6:00 PM. As a result, I missed my connecting flight and had to spend the night at the airport.
I am very upset about this situation, as it has caused me to lose both time and money. My question to you is: Do I have a right to compensation for the delayed processing of my flight and the resulting inconvenience?
I have already tried to complain to the airline, but I was informed that the delay was due to extraordinary circumstances and therefore no compensation could be provided. However, I am not sure if this is correct and if I may still be entitled to financial compensation.
I would greatly appreciate it if you could assist me and provide possible solutions to help me assert my rights. Thank you in advance for your support.
Sincerely,
Sebastian Krüger
Dear Mr. Krüger,
Thank you for your inquiry regarding your flight delay and the resulting inconvenience. As a lawyer specializing in travel law, I am happy to assist you and provide information on your potential rights and solutions.
First of all, it is important to know that passengers in the EU have certain rights under Regulation (EC) No. 261/2004 on air passenger rights when their flight is delayed. According to this regulation, passengers are entitled to financial compensation of up to 600 euros in case of a delay of more than three hours, depending on the distance of the flight.
In your case, where your flight was delayed by four hours, you would generally be entitled to compensation. However, it is important to note that the airline may be exempt from compensation in certain cases if the delay is due to extraordinary circumstances.
Extraordinary circumstances are events that are beyond the control of the airline and could not have been avoided even if reasonable measures had been taken, such as strikes, extreme weather conditions, or security risks. In your case, it is crucial to determine whether the delay was actually caused by extraordinary circumstances or if the airline has failed to fulfill its obligations.
If the airline has informed you that the delay was due to extraordinary circumstances, you should inquire about the specific reasons for the delay and assess whether they can indeed be considered as extraordinary circumstances. If you have doubts, I recommend seeking advice from a lawyer specializing in travel law who can further examine the situation and assist you in enforcing your rights.
To claim your rights, you should gather and keep all relevant documents, such as flight tickets, boarding passes, booking confirmations, and correspondence with the airline. With these documents, you can then file a claim for compensation with the airline or take legal action to enforce your rights.
I hope this information is helpful to you and supports you in your endeavor. If you have any further questions or need legal assistance, please feel free to contact me.
Best regards,
Fred Kock
Lawyer specializing in travel law
