China Airlines canceled your flight, is it possible to obtain compensation?
Good news for passengers. Against pressure from airlines, the European Court of Justice ruled once again in favor of passengers in the event of flight delays last week, reaffirming its desire to guarantee a high level of protection for passengers.
Endless delay at the airport before boarding, plane that does not run on the tarmac, the flight departure is suspended, … who has never suffered these little hassles during his vacation?
Know, in any case, that you have rights. For all flights departing from one of the 27 member states of the European Union, it does not matter the destination and nationality of the airline, even if it was Chinese like China Airlines, and for flights to a Member State when the air transport company is Community, passengers are entitled to automatic compensation in the event of cancellation, delay or overbooking.
For the other flights, the company applies the convention of Montreal of May 28, 1999 (more than 80 signatory countries) or Warsaw (for the non signatory countries): there is then no automatic fixed compensation but a compensation according justified harm.
China Airlines aircraft in overload or takeoff is impossible due to other circumstances
In the event of overbooking (or overbooking) or cancellation, the European company or one which operates a flight to Europe must compensate customers according to a fixed scale. It must also offer ground assistance while waiting: telephone or email communications, catering services, hotels, taxi costs (for example, in the event of a change of airport).
If the passenger has suffered damage (missed correspondence or important meeting), he may claim, in addition to the lump sum compensation, additional compensation.
Compensation in the event of overbooking, cancellation
– Flights up to 1,500 km : 250 € (125 € if the delay does not exceed 2 hours),
– Flights between 1,500 and 3,500 km + flights to overseas departments: 400 € (200 € if the delay does not exceed 3 hours),
– Long haul: 600 € (300 € if the delay does not exceed 4 hours).
If the airline chooses to upgrade a passenger, no additional costs can be claimed. If, on the other hand, she is traveling in a lower class, she must credit the passenger’s bank account with part of the ticket, depending on the distance traveled, in a maximum of one week.
China Airlines flight carried out, but is greatly delayed
When a European flight is simply delayed (from 2 hours for short flights, 3 hours for medium-haul flights, 4 hours for long-haul flights), European regulations provide that the passenger benefits from ground assistance services.
From 3 hours late, the passenger also has the right to the same automatic flat-rate compensation as in the event of cancellation or overbooking. From 5 a.m., the customer can demand reimbursement of the ticket or re-routing to the departure point if it is in transit.
You may have been the victim of compensable damage, but you do not know how to defend yourself, how to confront your operator who may make excuses or even false arguments to avoid giving you what he owes you, according to the regulations of consumer law in the European Union.
Fortunately, there are companies hiring full-time lawyers or even legal experts to defend the rights of air consumers, who are poorly respected by their carriers. They resolve these disputes against (25% of the sum of compensation obtained), otherwise their intervention is free.