Flight delayed or canceled by Montenegro Airlines: claim more compensation
If the disruption of a flight causes you significant harm, such as the loss of part of your salary, you are entitled to claim compensation greater than the fixed financial compensation provided for by European passenger law.
The refrain is known: under European passenger law, if a flight departing from a European airport or operated by a European airline is delayed by 3 hours or more, then passengers are entitled to financial compensation.
Its amount depends on the distance of the flight:
– 250 euros for less than 1,500 km,
– 400 euros between 1,500 and 3,500 km,
– 600 euros beyond 3,500 km.
In the event of outright cancellation, the carrier must offer the passenger the choice between reimbursement of their ticket or transportation to their final destination by a replacement flight.
If the passenger chooses this second solution, then they will have the same rights and the same financial compensation as the passenger of a late Montenegro Airlines flight. Or even more depending on the case.
In fact, a few months ago, the Court of Justice of the European Union (CJEU) delivered a new judgment which will probably set a precedent and which further extend the rights of passengers.
European airline flights to a European airport
The regulation applies to flights from all over the world and which land at an airport located on European territory, only when operated by a European airline.
Particular attention must be paid to codeshare flights in order to determine which company is actually carrying out the flight, which may prove to be different from the company which sold the flight. The European regulation takes into account the company which carries out the flight.
When traveling with stopovers outside European territory or involving several companies, the passenger may also find themselves outside the scope of the regulations depending on the stage of the trip where the irregularity occurs.
The European court specifies that an injured passenger could be compensated for individual damage “, according to the explanations of lawyers, a French company specializing in the recovery of compensation due to European passengers in the event of a delayed or canceled flight. This repair must be complementary the flat-rate compensation provided for by European regulations.
The lump sum compensation provided for by European regulations may in some cases be well below the actual damage suffered by passengers of a canceled or delayed flight.