Significant flight delay: What Iberia owes to its passengers
In the event of delay, the passenger is entitled to reimbursement including refreshments and meals + communications, where applicable one night’s accommodation and reimbursement of transfers between the temporary accommodation and the airport. He must also be able to make two free telephone calls, faxes or e-mails.
Delay which passes the threshold of five hours
If the delay is at least five hours, it can be considered as a cancellation.
The passenger has the choice between re-routing and reimbursement of his ticket, with, if applicable, taking charge of the return flight to his initial point of departure. On flights operated by the national company of Spain, the European company owes its passengers an indemnity fixed at 250, 400 or 600 euros, if the unjustified delay exceeds three hours, respectively for the following distances:> 1500, <3500 ,> 3500
Financial compensation: All about compensation for delayed passengers:
European regulations do not provide compensation for passengers whose flight is delayed. However, the Court of Justice of the European Union grants a lump sum compensation equivalent to that applicable in the event of cancellation if the flight is delayed by more than 3 hours. Its amount varies according to the duration of the delay.
The companies refuse to apply this case law, there is to date only the justice which can compel the carrier to settle the compensation.
Additional compensation may be granted to the passenger who suffered damage as a result of the delay
(wedding cancellation, absence from a job interview, missed correspondence, paid and unused hotel night …)
The delay must reach three hours or more for flights between 1,500 km and 3,500 km and all intra-Community flights over 1,500 km, or four hours or more for other flights over 3,500 km.
Make a complaint: Who to contact?
It is preferable to turn to a firm responsible for resolving disputes arising from the flagrant delays experienced by the flights served by the various air operators.
The delay recorded on your departure flight made you miss your connection?
It therefore allows you to lose losing a day of stay because the plane should leave the next day at the same time. On what basis can you be compensated and under what law?
Iberia can only be exonerated if it can prove force majeure which can be an unforeseeable, irresistible and external event. The strike of air traffic controllers or bad weather is also considered as force majeure.
You must send a complaint to a firm specializing in compensation
The remedy must be brought against the carrier. The applicable texts do not change if the operating company is Spanish or belongs to a member state of the European Union.
For example, for a flight Iberia from a member country of the European Union to Mali with a stopover in Morocco, the Warsaw Convention and Regulation No. 261/2004 of February 11, 2004 apply. Articles 19 and 20 of the Warsaw Convention make the air carrier liable, unless it provides proof that it took all the measures which could reasonably be required to avoid the damage or that it was impossible to take them. If he does not succeed, he will be obliged to compensate the passenger for the damage suffered (loss of a day of vacation for example). Article 6 of the European regulation of February 11, 2004 provides that the carrier must provide assistance to passengers (in the event of a delay of more than 2 hours, the passenger can also waive his trip and request reimbursement of his ticket. with support for the return to its initial point, and support for the waiting period (accommodation in the event of waiting for one or more nights, transfer between the accommodation and the airport, refreshments, possibility to eat enough given the waiting time, two phone calls or fax or email).
In addition, for a delay of more than three hours and a flight of more than 3,500 km, the lump sum compensation will be € 600. In addition, a complaint should be made to the carrier to request compensation and, failing a satisfactory response, to seize the court concerned.
It is important to remember that the passenger is supposed to keep the supporting documents including contracts or confirmation of reservation, ticket, boarding pass, costs incurred, …