Flight delayed or canceled by Royal Air Maroc: Victim compensation rules
Is your flight delayed on departure or canceled while you were impatiently waiting to go on vacation? Find all the useful information to obtain a refund and / or compensation.
You arrived at the airport just in time to learn that your flight with Royal Air Maroc had just been canceled or delayed. Do not panic, air passengers have rights that they can assert in order to claim reimbursement and compensation. These rights are governed on the international level by the Montreal Convention, signed in 1999. On the European level, it is the regulation which entered into force on February 17, 2005 which is authoritative. All so-called European flights, departing from and coming from a member country of the European Union, whether purchased in an agency or directly from the Moroccan company, obey the following rules. Otherwise, the law of the country of departure applies.
First of all, be aware that all airlines including RAM have an obligation to inform their passengers of their rights in terms of cancellation or long flight delay. In this, it must post the conditions of compensation and reimbursement in the registration area and distribute a written notice to all the victims of the disturbances.
Flight cancellation: what to do?
The worst thing for all travelers is facing a canceled flight once they arrive at the airport. An always painful misadventure which nevertheless gives you the right to continue your journey to its final destination as soon as possible under comparable transport conditions or to the full refund of your ticket, regardless of the reason for the cancellation. And on the condition that you give up taking your flight … For so-called “European” flights, the rights of travelers are reinforced by the 2005 regulations. The carrier thus has the obligation to offer you one of the following possibilities:
Re-routing by another flight to your final destination under equivalent conditions as soon as possible or, if you wish, at a later date. In all cases of cancellation, you have the right to be reimbursed. However, European regulations set the limits for damages. If the departure was prevented by force majeure (neither the strike nor the plane damage is one), the company must prove that it was an external event, unpredictable that it was impossible for him to overcome.
Refund of the ticket at the price purchased within seven days. If your flight has been canceled during its course, the carrier must redirect you to your departure airport. If the airport is different, he must take care of the transfers.
When your plane is canceled and you have not been informed in time, you are eligible, in addition to the consideration offered by the airline of the Maghreb country, to a lump sum indemnity whose amount varies between 250 euros for a flight up to 1,500 kilometers and 800 euros per passenger for a flight of more than 3,500 kilometers with certain carriers such as RAM. To be able to benefit from these indemnities, your canceled flight must however meet certain criteria: it must be departing from a member country of the European Union, regardless of the nationality of the operator. All companies, regular, charter or low-cost, are affected, but only if the incident is attributable to them. Your appeal will not be followed in the event of bad weather conditions or a strike by air traffic controllers …
You can start by entering into an amicable negotiation with your airline. Do not hesitate to get help from a consumer association, they are used to dealing with this type of problem. Or by a specialized company (who will take a commission on the way). If you cannot reach an agreement with your carrier, you can file a complaint against the airline and request compensation from the court at the carrier’s head office, or the place of the destination you are traveling to. You have two years after the dispute (according to the Montreal Convention) to file a complaint regarding delays in passengers or baggage.
Late flight: Benefit from assistance to be quickly compensated
The extent of the delay suffered by passengers on a flight is calculated from the time of arrival of the aircraft. In a judgment of September 4, 2014, the Court of Justice of the European Union clarified that this concept designates arrival when at least one of the doors of the plane opens. In the event of delay, European regulations do not expressly provide for a right to compensation, unlike flight cancellations.
However, the “Sturgeon” judgment of 19 November 2009 delivered by CJEU strengthened the rights of air passengers. In fact, travelers victims of a flight delay of three hours or more are entitled to a lump sum compensation identical to that provided in the event of flight cancellation:
– 250 euros for flights up to 1500 kilometers,
– 400 euros for journeys between 1,500 and 3,500 kilometers
– between 600 and 800 euros beyond 3500 km, provided you have minus 4 hours late (300 euros for a delay between 3 and 4 hours).
If the damage you have suffered as a result of the delay in your international flight is greater than the lump sum compensation provided above, you can invoke the 1999 Montreal Convention which provides for general liability of airlines in the event of flight delay. To claim compensation to compensate for the loss actually suffered, you must provide proof of your loss (unused hotel night, loss of salary, missed meeting, etc.) and the link with the delay in your flight. Please note: the Montreal Convention limits compensation to a maximum of around 5,000 euros depending on the route and the price of your plane ticket.
The regulation provides better protection for users of European flights. Indeed, the carrier has the duty to take care of travelers if the delay exceeds:
– two hours for a 1,500 km flight,
– three hours for intra-Community flights of more than 1 500 km and other flights between 1 500 km and 3 000 km,
– four hours for other flights.
For delays of five hours or more, the airline company must then offer to continue your trip, postpone it or give it up and thus obtain reimbursement of air tickets for the part or parts of your trip not performed.
In all cases, assistance must be offered by Royal Air Maroc to delayed passengers. In the event of a delay of more than 2 hours compared to the initially scheduled departure time, meals and refreshments must be distributed free of charge while waiting.
The carrier must also give its travelers the possibility of making two telephone calls free of charge, or of sending two faxes or two e-mails. If the flight is postponed until the next day, accommodation must also be provided, including liaison transport.
Claims can be sent to companies specializing in remote dispute resolution in two clicks.