Compensation for flight cancellation

What are the passengers’ rights in case of flight cancellation?

Cancelled flights may be rarer than delayed flights, but instances of cancelled flights are still more common than you would think. According to global statistics, in the last 30 days, approximately 44 thousand flights were cancelled. If you have experienced it or if you will ever experience it, you need to know what your rights are and how to exercise those rights. You don’t even have to go through that tedious, never-ending bureaucratic process in order to obtain compensations. 

Do you want to find out how? You just have to do two things: first, learn more about passengers rights and choose professionals for help. Most people that suffered a problem like cancelled flights report that the airline doesn't pay their compensation or doesn't even reply to their claim. Because of that many passengers feel displeased and disappointed. Our experienced specialists fight for air passengers' rights and enforce their claims in all cases, against all odds. It’s a lot easier to obtain compensations for cancelled flights when you know well all the possible scenarios, the usual airlines' excuses, the consequences.

My flight was cancelled, what do I do?

Flight cancellations can really ruin your travel plans, but luckily, you are entitled to compensations. First and foremost, you need to find out the cause - why was the flight cancelled. See what does the airline offer in terms of compensation: rebooking, accommodation vouchers, amenity kits for checked baggage, alternative transport etc. However, keep in mind that according to the EU’s Flight Compensation Regulation 261/2004, you have the right to receive monetary compensation if your flight has been cancelled. 

Theoretically, these common rules should make it impossible for airlines to evade their obligations for breach of contract, but in practice, airlines deal differently with this situation. The airlines usually take a long time to process the claims, because it is not in their best interest. In order to make sure that the claim will be processed and that you will receive cancelled flight compensation, you should entrust this to professional intermediaries, who deal with such cases on a regular basis and know how to handle the situation so as to achieve the most favourable outcome for you.

Am I eligible for a compensation for the cancelled flight?

You are eligible for compensation if your flight was scheduled, charter or low-cost or part of a package holiday deal; started in the EU or landed in the EU and the operating airline is EU-based. 

By EU, the Regulation means the EU countries (Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden), with Guadeloupe, French Guiana, Martinique, Réunion Island, Mayotte, Saint-Martin, the Azores, Madeira and the Canary Islands along with Iceland, Norway and Switzerland.

According to the legislation in force, if a flight is cancelled, the passenger may choose between the following options:

• re-routing to the same destination at the earliest opportunity (under comparable conditions);
• later rerouting, at the passenger's convenience, to the same destination under comparable conditions (subject to seat availability);
• a refund of the ticket as well as a return flight to the point of first departure, when relevant. In this case, the airline should also provide the passenger with a way to get back to the departure airport.

You as a passenger can receive monetary compensations if the re-routing option causes a delay of  2 hours or more compared to your initial flight. 

The airline is legally obligated to pay compensations for cancelled flights unless one or more of the following conditions have been met:

• the airline notifies the passengers about the cancelled flight at least two weeks prior to departure
• the airline notifies the passengers about the cancelled flight between one and two weeks prior to departure, and re-routes passengers so that they can:
• depart no more than two hours earlier than the cancelled flight was scheduled, and
• arrive no more than four hours later than the cancelled flight was scheduled
• the airline notifies the passengers less than one week prior to departure, and re-routes passengers so that they can:
• depart no more than one hour earlier than the cancelled flight was  scheduled, and
• arrive no more than two hours later than the cancelled flight was scheduled
• the cancellation was caused by extraordinary circumstances that could not have been avoided by any reasonable measure.

There are also circumstances outside of the airline’s control such as extreme weather conditions, ash clouds, strikes and equipment failure. Airlines can avoid paying compensation in cases of Major Exclusions from the Regulation No. 261/2004 and/or Extraordinary Circumstances. The Regulation No. 261/2004 gives no definition of exactly what extraordinary circumstances are, but it does provide some examples (an airline has a burden of proof of extraordinary circumstances):

1)       rare meteorological conditions incompatible with the operation of the flight concerned (snowstorm, extreme wind/hurricane, volcano eruption) can be proven to be extraordinary circumstances, but in the majority of cases simply bad weather is NOT;

2)       security risks, unexpected flight safety shortcomings and only external strikes (e.g., air traffic controllers strike) that affect the operation of an operating air carrier. HR/Staff problems of the airline and an internal airline strike are not extraordinary circumstances and do not release an airline from liability to pay the compensation.

3)       a claim is also barred by the statute of limitations, which is country specific (e.g., it is 10 years from the arrival date in Italy and 6 years in the UK) and the Regulation No. 261/2004 is silent on this.

What is ultimately considered an extraordinary circumstance is dependent on the jurisprudence of the respective country and this may leave room for airlines to avoid paying compensations. 

How much money can I receive for a cancelled flight?

The amount of money you receive as compensation depends on the flight distance and the departure and arrival time of the replacement flight.

Flight distance of the cancelled flight up to 1500km

Replacement flight with max. 2 hour delay: 125 euro

A delay longer than 2 hours: 250 euro

Flight distance  of the cancelled flight between 1500km and 3500km

Alternative flight with max. 2 hour delay: 125 euro

A delay longer than 2 hours: 250 euro

Flight distance of the cancelled flight between 1500km and 3500km

Alternative flight with max 3 hour delay: 200 euro

A delay longer than 3 hours: 400 euro

Flight distance of the cancelled flight more than 3500km within the EU

Alternative flight with max 4 hour delay: 200 euro 

A delay longer than 4 hours: 400 euro

Flight distance of the cancelled flight more than 3500km outside the EU

Alternative flight with max 4 hour delay: 300 euros

Otherwise: 600 euro flight with max 3 hour delay: 200 euro

Otherwise: 400 euro

Flight distance of the cancelled flight more than 3500km within the EU

Alternative flight with max 4 hour delay: 200 euro 

A delay longer than 4 hours: 400 euro

Flight distance of the cancelled flight more than 3500km outside the EU

Alternative flight with max 4 hour delay: 300 euro

A delay longer than 4 hours: 600 euro

What additional services am I entitled to in case of a cancelled flight?

There are some services that you have the full right to require even though you have claimed compensation. These services include:

• a meal and a refreshment (usually in the form of a meal voucher)
• access to a phone call or reimbursement for the cost of the phone call
• accommodation and a taxi to go and come back to the airport in case of longer delays

Cancelled flights to or from the United States

In the United States, airlines are not required to compensate passengers when flights are delayed or cancelled and so each airline has its own policies about what it will do for passengers in this situation. However, most airlines will:

• rebook you for free on their next flight to your destination as long as the flight has available seats
• give you a refund for the unused transportation (even for non-refundable tickets) and for any bag fee that you paid, any extras you may have purchased, such as a seat assignment
• put you on another airline’s flight, even though they are not required to do it

If the airline offers you a voucher for future travel instead of a refund, you should ask the airline about any restrictions that may apply, such as blackout and expiration dates, advanced booking requirements, and limits on the number of seats. 

Remember that some airlines will agree to offer amenities to passengers, such as providing them with a hotel room, taxi, a food voucher, or reimbursement for any other non-airline ticket costs associated with the trip, but they are not legally required to do so. 

Cancelled flights to or from Turkey

Turkish law stipulates in what circumstances does the passenger have the right to claim compensation for a cancelled flight. 

For cancelled international flights, the passengers are entitled to:

•  an equivalent of 250 Euro in Turkish Lira for all the flights of 1500 kilometers or shorter,

•  an equivalent of 400 Euro inTurkish Lira  for all the flights between 1500 and 3500 kilometers,

•  an  equivalent of 600 Euro in Turkish Lira for all the flights longer than 3500 kilometers

Cancelled flights to or from Israel

Israel’s Legislation for flight compensation contains specific directions regarding the condition that make the passengers eligible and the amount of compensation in case of flight cancellation.  If you are not informed of the cancellation of your flight at least two weeks before the scheduled time of departure, you will be entitled to compensation provided that: 

• You have been informed of the cancellation between two (2) weeks and seven (7) days before the scheduled time of departure, offered re-routing with a maximum 2 hour delay (compared to the scheduled time of departure of the cancelled flight) and the length of the delay at the arrival is less than four 4 hours (compared to the scheduled time of arrival of the cancelled flight); or
• You have been informed of the cancellation less than seven (7) days before the scheduled time of departure, and have been offered re-routing with a maximum 1 hour delay (compared to the scheduled time of departure of the cancelled flight) and the length of the delay at the arrival is less than four 2 hours (compared to the scheduled time of arrival of the cancelled flight).

The amount of compensation shall be as follows:

*NIS being the Israeli national currency - the new Israeli Shekel, 1NIS = 0.28224 U.S. dollars.

How to claim a compensation for a cancelled flight?

Receiving money for a cancelled flight is no easy task, as you may well know if you’ve been in this situation. In countries such as the US, there is no common legislation for that. In European countries, where the Flight Compensation Regulation 261/2004 is in force, airlines might still invoke “extraordinary circumstances” (force majeure) in order to refuse to pay compensation. But if you meet all the legal criteria for compensation, then you should do what it takes in order to get the money. You can submit the claim on your own, but sadly, extremely few people actually receive the money if they deal with the situation on their own. You can also hire a lawyer, but the cost will certainly not be worth it. The safest thing to do is to hire a specialized intermediary. AirAdvisor is such an intermediary and receive only 25% out of the collected compensation, including VAT. If we don’t collect the compensation, we don’t get paid. So it costs you nothing. All you have to do is answer a few simple questions in order to submit the claim and provide us with data about the cancelled flight. This way, you can save a lot of time and money. If the case must be taken to court, then our team of lawyers will deal with that too. You just have to sit back, relax and wait for the verdict.