When is the EVA Air plane delay compensable?
Passengers on flights delayed by at least three hours are entitled to compensation from airlines, said the Advocate General of the European Court of Justice.
Airlines challenged a November 2009 Court of Justice ruling equating passengers on delayed flights with passengers on canceled flights with regard to their right to compensation.
Passengers on delayed EVA Air flights can invoke the right to compensation when they suffer, due to a delayed flight, a loss of time equal to or greater than three hours, that is to say when they reach their destination. final three hours or more after the arrival time originally scheduled by the air carrier.
Consumers therefore benefit from the same protection, whether their flight has been canceled or delayed. He does not need to prove anything via cumbersome procedure, since the simple acknowledgment of his delay will be sufficient to allow his compensation.
The regulation drawn up by the European Parliament specifies the amount of compensation provided, which varies according to the distance of the flight:
– Less than 1500 km = 250 euros;
– Between 1500 and 3000 km = 400 euros;
– Greater than 3,500 km = 600 euros.
By refusing to give in to requests from companies such as EVA Air and to reverse this judgment, the Court of Justice intends to guarantee passengers a “high level of protection, that they are in a situation of denied boarding, flight cancellation or delay, since they are all victims of similar serious difficulties and inconveniences.
This is an important position for air passengers, because even if the opinion of the Advocate General is not binding, judges follow this advice in 80% of cases.
It should be recalled that MEPs also called on the Commission to strengthen the rules on assistance and compensation for passengers.
What recourse in the event of a missed connection?
Transport problems, canceled rentals, accidents abroad … The opinions of specialists so that summer holidays do not rhyme with annoyance.
Your plane left late, so you missed a connection and you did not arrive on time for your vacation. What are your remedies? “You must write to the Taiwanese airline EVA Air, and prove that you have suffered damage, the redemption of a ticket to take another flight for example, or the loss of a hotel night.
According to Law 261CE, excessive flight delays lead to injuries, so passengers deserve to be compensated financially.
This compensation will only be refused if the carrier demonstrates that the delay was linked to a case of force majeure, such as the strike by air traffic control technicians, infrastructure breakdowns at airports, etc.
Passenger handling is also part of the rights of passengers extending their waiting time at the airport, with, in particular, the possibility of eating for free.
In the event of a flight cancellation or overbooking, European regulations provide compensation linked to the distance to be traveled: 250 euros up to 1,500 kilometers, 400 euros up to 3,500 km, and 600 euros beyond. We can of course also ask for compensation for the damage suffered, as in the case of delay.
Request compensation online?
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