Claiming Compensation under EU 261

Are you eligible to claim EU 261 compensation?

You can receive compensation for the delay under the following circumstances.

• Your flight must have arrived three or more hours late at its destination.
•  If you are notified of cancellation fewer than 14 days before your departure,
• Your aircraft was overbooked, and you were denied boarding.
• You arrive at your final destination three hours or more later and miss your connecting flight, as long as your ticket is valid for both parts of the travel. The same applies if the connecting flight was operated by another airline.

Some European countries, such as Norway and Switzerland, have chosen to implement the regulation as it provides a benefit to their citizens. Likewise, despite the UK's exit from the European Union, the UK Government enacted Regulation No. 261/2004 to amend the Air Travel Organisers' Licensing Regulations.

The rights of UK passengers have remained the same since the UK enacted its version of the regulation. But, depending on where they're flying, they may be protected by the EU version or the UK law.

Individuals, regardless of their nationality or age, can claim compensation under the regulation if and when:

• The flight took off within the previous six years.
• The flight had been delayed for over three hours.
• The delay does not constitute an "extraordinary circumstance."

You can file a claim under the UK version of the statute if your flight:

• Departed from the United Kingdom
• Arrived in the UK on a British or European airline
• Arrived entered the EU on a British airline

If you travel in Europe, the EU Version of EU 261 may apply to you. Flights departing from the EU and arriving in the UK or from the UK and arriving in the EU may qualify for compensation.

How much can you claim?

If you're a passenger whose flight has been delayed for more than three hours, you can claim compensation of up to £600.

How to file a claim?

If you are entitled to compensation or reimbursement, you should file a claim and speak with the airline directly.

Before you begin the claim procedure, ensure you have thoroughly gathered all the relevant data about the incident. This will enable you to obtain the necessary proof to file a claim. Another critical step is to go over the airline messages sent to you,

Some airlines are cooperative and will usually send you the necessary information about the claim, such as the amount you are eligible to receive.

There are times when you need to do the work yourself. Before filing a claim, ensure you fully comprehend the regulations and the procedures that the airlines follow. Keep detailed narratives of the incident so that you can be sure you are receiving the correct amount of compensation.

 Fill out the standard claim form, which you can find here. The form must be printed, signed, and mailed or emailed to the airline. If the airlines don't take your complaint seriously, you should keep a copy of the form for yourself so that you may bring it with you.

Some airlines don't respond to complaints handled through agencies like claims consulting firms because there are clauses in the regulation that specify that passengers should address their complaints directly with the carrier.

After you have submitted the complaint form, wait for the airline's response. If they do not respond within two months, you should start the next step of the compensation claim.

How to deal with a denied claim or a lack of response from the airline

If your claim was rejected by the airline, they are required by law to tell you why. The airline may be exempt from compensating passengers for delays or cancellations if "exceptional circumstances" were the root cause. The authorities can assist you if you and the airline can't come to terms.

You can appeal the decision to a higher authority if you think the claim was wrongly denied or if your airline refuses to respond to your claim. Consider using an ADR (Alternative Dispute Resolution) service to work through your problems. These mediators, arbitrators, and conciliators are all neutral third parties who can help you find a way to settle your dispute. You can also use the free EU online dispute settlement site. This service will also try to help solve the issue.

When everything fails, you can sue your airline at a European Small Claims Court.

What more can you do to determine if you are qualified for EU 261 compensation, and how do you claim it?

Whether you want to know more about your rights as a passenger on an airline in Europe or feel that you need to be compensated fairly, feel free to contact us.

You can contact us alternatively for advice and assistance regarding EU 261 on any questions about your rights as an air flight passenger.