Get compensation from Air India: The procedures necessary to get compensation
Imagine that you have planned in great detail a trip of paramount importance. After weeks of preparation, you will arrive at the airport on D-Day two hours in advance. But when you look at the boarding board, you see that your flight is delayed, or worse, canceled. What to do ?
Each year, many people find themselves in this scenario. Be aware that regulations exist to do you justice and ensure that you get your compensation from Air India or other companies.
Air India is an airline which operates flights inside and outside the South Asian country, and this, on four continents. Despite its 3rd place as the largest airlines in Asia, you can nevertheless fall into situations of delay or cancellation of flights of this company.
February 11, 2004 saw the entry into force of European regulation 261/2004. It, enriched by the Sturgeon judgments in 2009 and Nelson in 2012, brought about a profound change in aviation. These regulations provide that in the event of a flight delay of more than three hours, you are now entitled to compensation for delayed flight. However, this amount is subject to certain conditions, up to 600 euros in certain cases.
Besides the monetary compensation that the company must pay back to its passenger for the canceled or delayed flight, the company has other obligations. It must in particular ensure that you come back into possession of all your rights. Thus, if you have suffered a particular damage following the delayed flight or a canceled flight, or if you have additional costs (which are consequences of the flight delay) it must reimburse you. You should also be aware that payment for compensation for a delayed flight is on a lump sum basis, and is based on the distance of the flight.
Thus, for a flight of a distance of less than 1500km, compensation for a flight delay is 250 euros per passenger. In the case where the flight distance is between 1500km and 3500km, compensation is 400 euros per passenger. Finally, if the flight distance is over 3500km, the compensation is 600 euros per passenger.
Flat-rate compensation: Is one still eligible for compensation regardless of the situation?
Absolutely not, any delay in your flight with the Indian company does not necessarily give rise to compensation for a long flight delay. The regulations have provided for specific situations. Indeed, there are three cases in which you will not be entitled to it.
First, your flight delay must be caused by an exceptional situation. Clearly, these are events that are not within the control or control of the company, and which it could not have avoided. Of course, provided that the company has taken all the appropriate steps upstream to ensure that the flight does take place, and in good conditions.
Then remember that this regulation was made by the European Parliament. It is therefore only applicable to companies for their flights to European destinations, or departing from Europe. Likewise, it is also applicable for flights within European territory. Therefore, if the flight route is outside of Europe, then you are not entitled to compensation for a delayed Air India flight.
Finally, if you have been offered a seat on another replacement flight, the compensation will no longer be effective. Apart from these situations, any flight delay entitles you to compensation for delayed flight.
File a claim for any flight delayed or canceled by Air India
You can make a complaint in the event that you are denied boarding due to overbooking or if luggage is damaged or even lost during the trip. Denial of boarding is called when a traveler has received confirmation of the flight to be taken and, unfortunately, no place is available for him on the plane.
Air India must then keep its commitments to the injured traveler, in accordance with European law. The solution is then simple: Find a voluntary traveler ready to leave his place against compensation. Sometimes it happens that there are several injured travelers. We therefore need an equivalent number of travelers ready to leave their place voluntarily. If this number is insufficient, then the company has no other choice than to deny the boarding of travelers who have not found a place. They will then be compensated according to the points set out above. However, they must first send a complaint either online or by post to the above-mentioned address.
As for baggage, when one or more is lost or damaged, you must report the incident to the Indian company once you arrive at your destination, and then make a claim. This allows travelers who have lost their luggage to contact the airport concerned. In addition, the claim must be made within 21 days of the loss or damage to the baggage.
Do legal experts have an important role in quickly resolving the dispute?
It may happen, as part of a claim with the national carrier of India, that a customer prefers to contact an intermediary structure which will make the arrangements for him with the Irish company. This scenario occurs especially when there are more or less important allowances at stake.