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Air passenger rights

Air passengers are entitled to financial compensation according to the “Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 ", if the flight is delayed, cancelled, or if boarding is denied.

Long delays, denied boarding or cancellations of flights cause serious troubles and inconvenience. The EU Regulation is adopted in order to strengthen the right and to ensure a high level of protection for air passengers in the event of problems caused by long waiting times and cancellations. The outcome of the regulation is also that it is encouraging the air carrier to do what is in their authority to prevent excessive deviations from the original itinerary, which in the long run benefits the air passengers as well.

The level of compensation for a flight disruption is determined by the EU Regulation and depends on a couple of factors. Air passengers are entitled up to EUR 250-600 in financial compensation due to the circumstances and whether the criteria for compensation are fulfilled. For your claim to be eligible for compensation, your flight must:

  • Depart from and arrive at an airport located in the EU
  • Depart from an airport located in the EU
  • Depart from an airport located outside of the EU and arrive at an airport located in the EU - and the air carrier is registered in the EU, Iceland, Norway or Switzerland

The distance of the flight and the duration of the delay, will affect the air passenger compensation. When an incident such as a flight delay occurs, the regulation also obliges the operating air carrier to provide assistance, adequately service and to keep their passengers informed of their rights.

You are entitled to compensation in the following cases:

  • Delayed flight – if your flight arrives at its final destination with a delay of more than 3 hours after the scheduled time of arrival.
  • Missed connecting flight – if your flight arrives at its final destination with a delay of more than 3 hours after the scheduled time of arrival due to a missed connecting flight. All flights must have the same reservation number and not been purchased separately.
  • Cancelled flight – if your flight is cancelled and you are notified about this less than 14 days prior to the scheduled time of departure.
  • Denied boarding – if your flight is overbooked and you are denied boarding.

The cost of the airline ticket does not affect your right to compensation, but you are not entitled to any financial compensation if you travelling free of charge or at a reduced fare not available directly or indirectly to the public. However, the regulation applies to air passengers having tickets issued under a frequent flyer programme or other commercial programme. You must also have a confirmed reservation on the flight concerned. You must also present yourself for check-in as stipulated and at the time indicated in advance and in writing (in general, except in the case of cancellations, not later than 45 minutes before the published departure time if no time is indicated).

For more information about the EU Regulation No 261/2004, please read here.

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Force majeure

Force majeure happens when the operating air carrier has no control over the circumstances and cannot prevent its occurrence. When such unexpected situations occurs, so-called "extraordinary circumstances", the operating air carrier is not obliged to pay any compensation if the situation could not have been avoided even if all reasonable precautionary measures had been taken. Such exceptional circumstances beyond the air carriers responsibility includes, for example:

  • Closure of the airport or the air space
  • Political instability
  • Bird strike
  • Strike (caused by third parties)
  • Unavoidable security risks – such as severe weather conditions, inadequate security and unexpected safety failures
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Limitation period

The place where the operating air carriers head office is located determines which legal authority that has the jurisdiction regarding matters concerning the air carrier. In order to be entitled to compensation, the claim against the operating air carrier must be made within reasonable time. The limitation period varies from country to country, flights can be claimable up to two years or even more. This means that after the incident with the delayed, cancelled or overbooked flight, a claim must be made within that time at the latest. If you, within that period, have been in contact with the operating air carrier to file a complaint and they does not reply, you can enlist the services of CollectorRobot.com to legally represent you in all contacts with the air carrier and make a claim for compensation on your behalf. If so, you still will be considered to have made your claim in time.

If you have questions concerning this matter, we will be happy to assist!

Contact us

Postal address

Mailbox 593
114 11 Stockholm
Sweden

© Copyright 2019 CollectorRobot.com

Postal address

Mailbox 593
114 11 Stockholm

© Copyright 2019 CollectorRobot.com

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