Has your plane flight turned into a hassle?
Delay, flight cancellation, loss of luggage, overbooking … Traveling by plane can sometimes take an unpleasant turn.
A canceled flight or lost luggage, and your vacation is ruined. However, like any other traveler, the air passenger benefits from protection in the event of a problem: Here are the main rules to know in order to be compensated.
European regulation n ° 261/2004 on compensation and assistance for passengers fixes the rights of the air passenger and the liability of the carrier in the event of denied boarding, cancellation or flight delay.
Note that this also applies to dry flights, i.e. plane tickets sold without any other service (neither hotel, nor circuit).
Plane nailed to the ground, the flight is canceled
The plane you have to take remains stuck on the ground because there is a breakdown, because the flight attendants have decided to go on strike, or because an epidemic is raging in the country of destination. What are you entitled to when the airline decides to cancel your flight? It all depends on whether this flight was European or not (whatever your nationality).
Flights departing from an airport located in a Member State of the European Union as well as in Norway, Iceland or Switzerland, regardless of the airport of arrival (same State, other member of the Union or third country ) and regardless of the nationality of the carrier.
Flights to an airport located in a Member State of the European Union as well as in Norway, Iceland or Switzerland, regardless of the departure airport, as long as the carrier is considered to be “Community”, c that is, he has a license issued by a state of the European Union.
Domestic flights are therefore always European flights
Also be aware that some countries such as the United States or Canada offer similar protections to those in force in Europe. Ask before leaving.
Did you have to take a European flight or one served by a European company such as Lufthansa?
When your departure is postponed, Lufthansa owes you one:
– Refund the ticket at the price you purchased it. It must be paid to you in cash, by bank transfer or by check (or as a credit note, but only if you agree);
– Re-routing by another flight under comparable transport conditions and as soon as possible;
– Compensation if you arrived at your final destination with three or more hours after the operator’s scheduled time
You are entitled to a fixed compensation, calculated according to the distance of the flight and, in the event of re-routing, the delay in arrival. Its amount is:
– 250€ (or 125€ if you arrive within two hours of the original schedule) for flights of up to 1,500 km;
– 400€ (or 200€ if you arrive within three hours of the schedule originally planned) for intra-Community flights of more than 1,500 km;
– 400€ (or 200€ if you arrive within three hours of the original schedule) for other flights of 1,500 to 3,500 km;
– 600€ (or 300€ if you arrive within four hours of the original schedule) for other flights.
Please note that Lufthansa reserves the right to deprive you of compensation if:
– you have been informed of the cancellation at least two weeks before departure, or if you have been informed later. but that you were offered a replacement flight with schedules close to those of departure;
– in the event of extraordinary circumstance, that is to say if the cancellation is due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. For example in the event of a cyclone or an epidemic in the country of destination).
It is important to note that: If you are stuck at the airport while waiting for a replacement flight, the carrier must bear the costs of catering, allow you to make calls and, if there is location, take charge of your hotel accommodation as well as transportation between the airport and the accommodation.
Take a non-European flight with Lufthansa
Cancellation entitles you to a full refund of your ticket, unless you are offered a re-routing on another flight and you accept it Your right to financial compensation depends on the delay on your connection (calculated on arrival) .
In terms of compensation, you are entitled to it if you can demonstrate that you suffered particular harm as a result of the cancellation. However, in any case, you cannot claim any compensation if the theft has been prevented by a proven case of extraordinary circumstance.
The specific case of strikes
If the flight is canceled due to a strike outside its staff, the carrier must compensate the victims of the cancellation. Unless he proves that this is a case of extraordinary circumstance, that is to say that, on the one hand, the strike was not foreseeable on the date of sale of the tickets, and that , on the other hand, he did not find a redirection solution.
If the flight is canceled due to the strike of its own staff, the German carrier must compensate the traveler and cannot invoke the case of extraordinary circumstance, since it is not an event external to the company.
Flight canceled, return home
Accident, death of a loved one, vacations canceled … You cannot leave. Or you no longer want to go to your destination, believing that there is now a risk of leaving for the country for which you had reserved: riots, epidemics … But this is not the opinion of the company, which has decided to maintain his flight. The latter’s safety obligation vis-à-vis passengers is limited to transport operations. What solutions are available to you so as not to lose the money spent?
Give your ticket to someone else
Someone around you is interested in your plane ticket. Unfortunately, you cannot give it to him directly, as the tickets are nominative. However, you can request a change of passenger from the airline. If it is done far enough in advance, it will likely succeed … but you will probably have to pay fees, which vary from company to company.
Ask for reimbursement or postponement, but pay attention to the conditions
Most often, reduced cost tickets are only valid on a specific flight, and therefore neither refundable nor exchangeable. This is for example the case for commercial tickets of large companies, tickets with prices including discounts, tickets on a charter flight … You then have no recourse.
On the other hand, transport tickets on a regular line, without any special reduction, are traditionally valid for one year from their date of issue. Postponement is therefore possible within this period. If you definitely want to cancel the trip, you can request a refund no later than thirty days after the expiry date. However, application fees will no doubt be retained.
Regardless of the type of ticket involved, you should at least recover airport taxes, as recommended by the International Air Transport Association (IATA).
Your plane takes off late
Passengers over three hours late at the final destination airport may claim compensation identical to that provided in the event of a canceled flight. This is what the Court of Justice of the European Union has estimated. The amount of compensation is as follows:
250€ for all flights up to 1,500 km;
400€ for intra-Community flights of more than 1,500 km;
400€ for other flights of 1,500 to 3,500 km;
600€ (or 300 € if the delay is between 3 and 4 hours) for other flights.
To claim it, send your file online to a compensation startup, indicating the precise references of the theft (a model letter is available on the Conso.net site).
However, the company can always release its responsibility if it can prove that the delay was due to extraordinary circumstances: severe weather, collision between the plane and birds, etc. On the other hand, invoking a technical breakdown or a strike planned in advance is an insufficient argument.
Important: if the delay is at least five hours, the company must offer reimbursement of the ticket + compensation, while for connecting passengers, the ticket for the flight already made and no longer required; as well as, if applicable, the return flight ticket to the departure destination.
It is important to remember that
Beyond a certain delay, Lufthansa must take care of refreshments, catering, communications, but also accommodation if the departure is postponed until the next day. This assistance is applied from:
– Two hours late for a flight distance of up to 1,500 km,
– Three hours for flights of 1,500 to 3,000 km,
– Four hours for others.
For all domestic, regional and international flights, Lufthansa is supposed to compensate you:
The airline is responsible if the delay caused you damage. It must therefore compensate you, except in cases of extraordinary circumstance
But beware: it will not be enough for it to invoke difficult weather conditions, a technical incident or security requirements to refuse to indemnify you. It must justify having taken all measures to avoid the damage you have suffered, or have been unable to take them. Otherwise, you can request compensation for your loss, without this compensation being able to exceed a certain amount (€ 600).
What counts above all, in order to have a chance of being compensated, is the extent of the damage you have suffered (if you missed a connection for example), more than the number of hours of delay.
The company ignores your rights, use the lawyers
First step: send a claim to legal experts to try to settle the dispute amicably by electronic means. In the form, carefully enter your booking data and the type of damage.
If the carrier is still reluctant to compensate you, some firms are ready to help you without charging you any cost (unless successful). You can use it. They take care of all the procedures and fight to defend your interests.
Speak to legal experts
Your flight has been canceled or delayed. However, the company refuses to reimburse or compensate you, contrary to what is provided for by European regulations. You can then contact claims specialists. They play the role of mediator between passengers and airlines, but under certain conditions. You no longer need to contact your carrier.
Your complaint can be sent in a few seconds on this site, by attaching a copy of all the supporting documents in your possession even if your complaint relates to a flight made from or to a non-European country.