Chasing compensation for flight cancellations seems to be a common issue with us and rarely is there a time when I am not chasing up at least one claim. This is partly because one of our more recent claims took around 2-years, with 47 pages of case notes, before receiving a partial refund. It almost doesn’t seem worth it. Again this is partly my fault as I normally book through agents rather than directly through the airlines themselves which just complicates the whole situation.
Chasing Compensation for Cancelled Flights
In general, refunds for cancelled flights have been relatively straightforward, especially when it comes to flight compensation EU region. However, on occasions, this may not be the case. One of the more annoying examples (that took 2-years to resolve) was when our flights to Bangkok were cancelled and I accepted the refund through the booking agent website. The refund was pending for a while, then it was delayed, then we receive the message. “Your flights operated as usual on your selected travel dates. For this reason, we unfortunately cannot issue a refund for your ticket. We apologise for the error in our previous communications to you.”
Not only did they wrongly stop us from boarding the flight we were desperate to travel on but the booking agents also refused the refund saying they are unable to because the airline would not refund them. This is just one example of a handful of cancellations we had to chase that was down to errors of the booking agent.
Fortunately we were compensated, at least partially for all these flights, the booking agents make it as hard as possible to make complaints and to claim for cancellations. In the end your probably better of outsourcing the work to companies like AirHelp.
Are Regulations for Flight Compensation all the Same?
Flight regulations will vary worldwide although many countries and region will follow the guidelines set by international organizations like the Montreal Convention for air travel compensation. Otherwise it’s important to check the regulations applicable to their specific flight and for accurate information based on location and the airline’s operating jurisdiction.
Otherwise most of our flights are either to or from the UK or the EU which the EU has specific regulations outlined in Regulation (EC) No 261/2004. However, for flights departing from non-EU countries to the EU you need to check the regulations of the country where the flight originates.
Flight Compensation in the EU (Regulation 261/2004)
In the EU, Regulation (EC) No 261/2004 establishes rules for flight compensation so passengers may be eligible for compensation in cases of flight delays, cancellations, or denied boarding, depending on the circumstances and the distance of the flight. Compensation amounts will vary, and passengers may also be entitled to assistance, such as meals and accommodation.
Under what circumstances does article 261 not apply in the EU?
However there are circumstances/exemptions where passengers may not be compensated for flight cancellations EU Regulation 261/2004 as below:
1. Extraordinary Circumstances: The regulation does not require compensation if the flight disruption is due to “extraordinary circumstances” beyond the airline’s control, such as severe weather, natural disasters, political instability, or security risks.
2. Passenger Consent: If passengers voluntarily accept alternative arrangements offered by the airline, they may waive their right to compensation.
3. Notification and Re-routing: If passengers are informed of a flight cancellation well in advance, and the airline offers re-routing that does not significantly impact their travel plans, compensation may not be required.
4. Flight Cancellation by Choice: If the airline cancels a flight for operational reasons but offers an alternative flight that departs around the same time, compensation might not be mandatory.
As always it is important to check the specific circumstances when it comes to flight cancellations and compensation as interpretations can vary.
Does the UK Follow the Same Regulations as the EU?
Yes and no. The UK had implemented the same EU regulations while they were part of the Union and since Brexit the EU Regulation 261 was added to UK Law. This means that UK passengers still have the same rights as before. However, depending on where they are flying to/from they are protected by either the UK law (when flying outside of the EU), or the existing EU Regulations when travelling within the EU.
Does the EU Flight Compensation Apply to Flights Out of the EU?
Yes, the EU Regulations on flight compensation (Regulations 261) applies to flights departing from any EU member state regardless of the airline’s nationality. It also covers flights arriving in the EU when operated by an EU carrier.
However the same regulations generally do not cover flights travelling between non-EU countries even if the airline is EU-based. For example an Air France flight travelling between Dubai and Bangkok may not be covered under these regulations.
Does EU Flight Compensation Apply to Flights into the EU?
No, the EU flight compensation regulations generally do not apply to flights into the EU operated by non-EU based airlines. These regulations typically cover flights departing from EU airports or flights operated by EU-based carriers. If your flight is with a non-EU airline into the EU, you may need to check the specific compensation policies of that airline or refer to any international agreements that might apply.