Air Algérie has not respected its transport contract … it must compensate you
Delay, strikes, overbooking … when leaving, these unforeseen events can spoil an airplane trip. In this situation, users have rights that they can exercise: what are the conditions for receiving compensation? For what amount? What steps to take?
Your plane does not run on the tarmac, the flight is necessarily canceled:
A flight is considered to be canceled if elements initially planned for the journey have been modified: different flight plan, unplanned or modified stopovers, change of flight number or passengers directed to another flight. However, it is specified that this definition depends on the alternative solutions proposed by the airline. Thus, if one of the elements of the initial programming is modified like the flight plan or the stopover … and an airplane leaves with only a few hours of delay, it will be considered as canceled.
In what situation does one become eligible for compensation?
Numerous international, European and national texts frame the compensation arrangements in the event of the cancellation of his flight. At European level, it is Regulation (EC) n ° 261/2004 of February 11, 2004 establishing common rules for compensation and assistance to passengers in the event of denied boarding and cancellation or delay important theft. It improves the protection of air passengers in the event of denied boarding against their will, cancellation or long delay of a flight.
This is the reference text on which it is advisable to rely to assert your rights. It applies to passengers departing from an airport located in the territory of a Member State of the European Union (EU), or to passengers departing from an airport located in a third country and bound for an EU airport.
This text specifies that in the event of cancellation, the passengers concerned see themselves:
Offer by the air carrier reimbursement of the ticket within 7 days, a return flight to the initial point as soon as possible or a re-routing to the final destination under comparable transport conditions,
– Offer free refreshments, the possibility of dining and accommodation at the hotel in case a waiting stay of one or more nights is necessary with the support of transport from the place of accommodation to at the airport. Passengers get two free phone calls and two emails,
– Receive compensation.
Flight canceled, what is the amount of compensation?
The amount of compensation in the event of cancellation
The amount of compensation is set by the Court of Justice of the European Union (CJEU). It concerns EU companies as well as those which have made journeys in this territory. It depends on the length of the flight:
– 250 euros for all flights of 1,500 kilometers or less
– 400 euros for all intra-community flights over 1,500 kilometers and for all other flights from 1,500 to 3,500 kilometers
– 600 euros for all other flights
In the event that a re-routing is offered to the final destination on another flight, the amount of compensation paid may be reduced by 50%. For this, the new arrival time must not exceed:
– Two hours from the original time for all flights of less than 1,500 kilometers,
– Three hours for all intra-Community flights of more than 1,500 kilometers and for all other flights between 1,500 and 3,500 kilometers
– Four hours for all other flights
Compensation is usually paid by bank transfer.
Air Algerie may offer compensation in the form of travel vouchers provided that the passenger gives his consent.
In some cases, it is not possible to obtain compensation:
– If passengers have been informed of the flight cancellation at least two weeks before the scheduled departure time,
– If the passengers have been informed of the flight cancellation between two weeks and seven days before the departure time and if a re-routing allowing to reach the final destination less than four hours after the initial arrival time has been planned,
– If passengers have been informed of the cancellation of the flight less than seven days before departure, provided that a re-routing offer is offered and that this makes it possible to reach the final destination with less than two hours delay,
– This compensation is not paid in the event of “exceptional circumstances” such as the eruption of a volcano or meteorological conditions of rare violence.
What if the plane takes off late?
Regarding flight delays, When is a plane considered late?
If no element of the flight changes: same number, same stopover and same flight plan but the plane leaves after the time indicated on the ticket, it is then considered to be late. Several limits exist from which the flight is considered to be delayed:
– Two hours or more for all flights of less than 1,500 kilometers,
– Three hours or more for all intra-Community flights over 1,500 km,
and for all other flights from 1,500 to 3,500 km,
– Four hours or more for all other flights.
If the delay is five hours or more, the passenger can choose to continue their flight, postpone it or even simply give up their trip. In the latter circumstance, Air Algérie is obliged to reimburse its ticket.
This compensation will be paid, unless this delay is due to extraordinary circumstances such as snowfall or a storm.
And if air traffic is disrupted by:
A strike:
The payment of compensation depends on the circumstances of the social movement. If the strike is internal to a company, it is not considered an exceptional circumstance. In this case, passengers will be able to benefit from the same compensation as in the event of cancellation or delay of a flight. If it’s not the airline staff but the airport staff who are on strike like the air traffic controllers, it’s much more difficult to get compensation. The carrier must however demonstrate that it has “taken all necessary measures to avoid the damage” and that it has made every effort to find an alternative solution. He must also prove, that at the time of booking the tickets, it was not possible to know that there could be a social movement.
Adverse weather conditions:
If, for example, due to a flooding of the airport, flights have been delayed or canceled, the ticket is refunded but it is not possible to benefit from lump sum payments or the reimbursement of hotel nights lost. The Algerian company must however ensure the assistance of the passengers by providing in particular what to drink and what to eat if the passengers remain stranded in the airport.
Overbooking:
If, due to overbooking, not all passengers can embark, the company must first call on volunteers agreeing to renounce their reservation in exchange for certain services (reimbursement of the ticket, re-routing under similar transport conditions, payment compensation)
In the event that the number of volunteers is not sufficient, Air Algerie is entitled to refuse the boarding of certain passengers, even against their will. He must then provide them with the same type of compensation as for the cancellation of a flight. To benefit from this, it is recommended to request proof of overbooking from the company.
If you do not, the carrier may say that you did not get your plane because you showed up late. In this case, it will be your word against hers. It is therefore better to keep all supporting documents showing that you were on time at the airport as a receipt if you made purchases at the airport or in the departure lounge at the times concerned.
Request compensation: The steps to follow
To help passengers obtain compensation, many websites offer to take steps for them.
To obtain compensation, it is necessary to provide your flight number. From there, these sites tell you if you are eligible for possible compensation. If so, he takes care of the procedures for you. If you succeed, a commission is deducted from the amount of compensation. The amount varies from site to site. It is often around 20%. Before choosing the website, it is recommended to look at the general conditions of use, in particular to know the percentage of the commission levied.