The compensation provided for by European legislation in the event of unforeseen events (delay or sudden cancellation of the flight Helvetic Airways
Millions of travelers could legitimately claim compensation for a late or outright canceled Helvetic Airways flight. But, as almost no one does, due to lack of time or ignorance of the legislation. These compensations, which are never claimed, thus benefit Swiss airlines, which are careful not to offer these compensations automatically to injured travelers.
It is estimated that French passengers forfeit more than 440 million euros in potential compensation each year. A sum which is far from being negligible, all the same.
More than 1 million passengers have not claimed the compensation to which they were entitled according to startups specialized in the claim. The sums can range from 250 euros regardless of the ticket price. At least for now, because the European Union risks tightening the conditions for being entitled to compensation.
Everyone is concerned, however. We all had to wait a few hours late for an airplane or worse still wait on the tarmac for the plane to take off. Like millions of people, many of you have experienced this kind of annoyance. But only 7% of us have been compensated for this.
Obviously, the conditions are perfectly established to assert your rights and obtain compensation, in the event of a delay, cancellation or denied boarding for which the company is responsible (strike, mechanical breakdown, etc.) . If, however, these are “exceptional circumstances”, such as a good snowstorm for example (our Canadian friends will still make fun of us) or else “political instability” (who judges this to be a good question), the company is not obliged to make these compensations.
It is European law, since 2004, which has obliged air carriers to compensate their passengers in the event of a delay of more than three hours and more than 1,500 kilometers. The amount of compensation due for a delayed flight is based on the extent of the delay and the distance of the flight. Suddenly, the scale goes from 250 to 600 euros for a delay of more than 4 hours and more than 3,500 kilometers. If the Helvetic airways flight is delayed by more than five hours, passengers can cancel their seats and be reimbursed in full. For denied boarding and cancellation, this compensation comes in addition to the reimbursement of the plane ticket.
Too few passengers think of claiming compensation in the event of delay or cancellation of their flights. In a report published in August 2014, the compensation portal estimates that around 1.1 million passengers, traveling from Switzerland, did not make claims for compensation when they were eligible for them. A shortfall for travelers assessed by the company at 440 million euros per year.
To facilitate the process, several companies offer on its website to check instead of the passenger if he can claim a partial refund. In order to verify their eligibility, the traveler must simply enter the flight number as well as the date of take-off and tick the boxes corresponding to the reasons for the delay or cancellation.
Once submitted, the startup will check the merits of the request and notify the passenger of developments in the file. If the procedure is successful, the company will debit 30% of the amount paid by the airline. Otherwise, no fees will be charged. Supported by the European Commission, the site boasts of having already helped more than 400,000 travelers.
When can compensation be demanded?
Since 2004, the rules have been harmonized across the European Union by Regulation No. 261/2004. It provides that all delays of more than three hours can justify a request for compensation ranging from 250 to 400 euros if the flight distance is between 0 and 3500 km. Beyond this, the passenger can claim up to 600 euros in compensation if the flight is more than four hours late. Finally, travelers arriving more than five hours after the arrival time displayed at the time of booking have the right to request a full refund of their tickets.
These amounts are also valid in the event of cancellation of the Helvetic airways flight, except if the company has notified at least two weeks in advance or seven days with a re-routing proposal with less than four hours delay compared to the originally scheduled arrival time.
However, in extraordinary circumstances, airlines such as Helvetic airways are not required to compensate the passenger. This fuzzy concept concerns for example the eruption of a volcano or particularly difficult weather conditions. However, a technical problem on the plane cannot be considered an extraordinary circumstance.