Flight cancelled or delayed? Here are your rights as a passenger
Every summer, thousands of travellers experience delays, cancellations or lost luggage — and most do not claim compensation, even though they are entitled to it under European regulations, which are clearly set out. Regulation (EC) No 261/2004 protects passengers on flights departing from an airport in the European Union (and, with some exceptions, those arriving in the EU on a flight operated by an EU airline), and it is worth familiarising yourself with it before checking in your luggage.
Delays and cancellations. If you arrive at your destination three hours or more late, or your flight is cancelled without sufficient notice, you may be entitled to financial compensation of between 250 and 600 euros depending on the flight distance — as well as a refund or alternative transport if the flight is cancelled. The airline is only exempt from liability if it can prove extraordinary circumstances beyond its control (a storm, for example); routine technical issues or the airline’s own organisational problems generally do not exempt it from liability.
Whilst you wait. After a certain waiting time, the airline must provide you with assistance: food and drink, communication facilities and, if your departure is postponed until the following day, accommodation and transfers. This right is not dependent on the cause of the delay — keep your receipts if the airline fails to provide this assistance.
Luggage. If your suitcase arrives damaged, delayed or is not delivered at all, report the incident before leaving the airport using the Property Irregularity Report (PIR) and then submit a written claim to the airline within the time limits set out in the Montreal Convention: seven days for damaged luggage and twenty-one days from the date of delivery for delayed luggage. Without taking these steps, it becomes much more difficult to make a claim later on.
How to make a claim. First, submit a written claim to the airline, keeping all supporting evidence: boarding passes, correspondence and receipts for expenses. If the airline does not reply or rejects your claim, you can lodge a free complaint with the State Aviation Safety Agency (AESA), whose decision is binding on the airline in many cases, or take legal action — the time limits for making a claim are generous, so an incident this summer is not a lost cause even if you make the claim on your return. At SF Abogados, we’ll review your case and handle the claim from start to finish.
