In the context of air travel, flight delays and cancellations can create not only inconvenience and frustration for passengers, but also significant financial losses. However, international and European legislation has strengthened passengers' rights, giving them the possibility to seek compensation and recover claims resulting from such unpleasant situations. In this article, we explore how passengers can obtain compensation in the event of delays or cancellations of air flights.
1. Applicable law:
Passengers' rights in the event of flight delays or cancellations are governed by Regulation (EC) No 261/2004 of the European Parliament and of the European Council. This Regulation protects passengers when flying within the European Union (EU) or when European airlines operate flights to or from the EU.
2. Passenger rights:
Under Regulation (EC) No 261/2004, passengers are entitled to financial compensation in the event of flight delays or cancellations. This compensation varies according to the length of the delay and the distance of the flight, and can be up to €600 for flights over 3500 kilometres.
In addition to financial compensation, passengers are entitled to:
- Airport assistance: the airline must provide passengers with assistance such as drinks, food, accommodation and transport between the airport and the place of accommodation, depending on the length of the delay.
- Re-boarding or full refund: If the flight is cancelled or significantly delayed, passengers have the right to be rescheduled on another flight to their final destination or to receive a full refund.
3. Claims recovery procedure:
In order to recover claims resulting from flight delays or cancellations, passengers may follow the following steps:
a) Inform the airline: Passengers should contact the airline in writing and request financial compensation and other rights provided for in the regulation. It is important that the request is accompanied by relevant documents, such as boarding tickets and receipts for additional expenses incurred by passengers.
b) Contacting the regulatory authorities: If the airline refuses to provide compensation or does not respond within a reasonable time, passengers may contact the civil aviation regulatory authorities in the country where the delay or cancellation occurred.
c) Requesting legal assistance: If the regulatory authorities also fail to facilitate the recovery of claims, passengers may seek legal assistance specialising in passenger rights to help them enforce their rights in court.
4. Duration of the recovery process:
Recovery of claims arising from flight delays or cancellations can take a variable amount of time, depending on the complexity of the case and the airline's cooperation. It is important that passengers are patient and have documents and correspondence on file with the airline to assist the claims recovery process.
Finally, we believe that Regulation (EC) No 261/2004 has strengthened passenger rights and provided a strong legal framework for the recovery of claims resulting from delayed or cancelled flights. Passengers are now able to claim financial compensation and other rights, ensuring that they are protected against inconvenience and financial loss. It is important that passengers are aware of their rights and act appropriately to recover the claims to which they are entitled.
MC Recovery has turned its attention to all passengers whose rights have been violated by airlines. Thus, you can contact us at any time to initiate procedures to recover claims due by airline operators following the delay or cancellation of previously purchased flights.
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