Martin Lewis Money Advice @martinlewis
If you’re jetting off over the Christmas period to find some winter sun, the last thing you need are delays to your get-away. But if you do find yourself sitting on tarmac for hours then this is what you need to know for claiming compensation on your return.
The easy rules apply to EU regulated flights. This is all about EU regulation 261/2004 – and it’s important to mention that rule in any complaint you make as it has specific rules (and that’s due to move into UK law once we leave the EU).
This means you can claim a fixed amount of compensation if you meet certain criteria below, for flights going back to 2012. Here’s the key things to know:-
It must be an ‘EU regulated flight’. That means the flight must have left from an EU airport or arrived at an EU airport (but in this case it must be an EU airline).
It must have ARRIVED 3hrs+ late. It doesn’t matter how late you leave, it’s all about how late you arrived. So, if you’re on a flight that takes off four hours late but arrives two hours 55 minutes late – you’re not over the three hours needed to get compensation. And technically the time that counts is when the door opens to get off the plane.
It must have been the airline’s fault to claim. Bad weather, airport staff strikes or political problems don’t count, and you can’t claim compensation. However, things that are under the airlines control such as staffing problems, poor planning, and now even technical problems caused by not fixing regular wear and tear all count.
You are entitled to cash. Airlines sometimes offer vouchers, so unless they’re offering more, you can formally say you want cash.
How do I put in a claim?
To put in a claim, my full help including a totally free tool to do this is at www.mse.me/flightdelays. If your claim is rejected, and that’s common, then depending on where you flew from and the airline you flew with, you can go to the relevant regulators for that country, or one of several new Alternative Dispute Resolution (ADR) schemes many airlines have signed up with. If your appeal is unsuccessful it’s still possible to go to court if you really want to press your case, though then you need to weigh up if it’s worth it.
How much compensation can I get?
The amount you get is fixed solely on the flight length and delay time. So a 1,000km flight delayed by three hours is €250 per person, while a 4,000km flight delayed for five hours is €600 per person.
What if my flight was cancelled?
Then you’re entitled to the choice of a refund or a replacement flight – and that applies whether it is the airline’s fault or not.
Martin Lewis is the Founder and Chair of MoneySavingExpert.com. To join the 13 million people who get his free Money Tips weekly email, go to www.moneysavingexpert.com/latesttip