How long does flight have to be delayed for compensation Europe?

Delayed Flight in Europe? Understanding Your Rights to Compensation

Air travel within Europe can be frustrating, especially when faced with flight delays. While the European Union aims to protect air passengers, understanding your rights to compensation isn’t always straightforward. It’s not simply a case of a delayed flight equating to automatic compensation. Several factors interplay to determine whether you’re entitled to financial recompense.

The Crucial Factor: Delay Length and Flight Distance

The most significant factor is the length of the delay and the distance of your flight. EU Regulation 261/2004 outlines the criteria:

• Flights under 1500km: A delay of 3 hours or more generally qualifies for compensation.
• Flights between 1500km and 3500km within the EU: A delay of 3 hours or more generally qualifies for compensation.
• Flights over 3500km: A delay of 4 hours or more generally qualifies for compensation.

Important Note: These are guidelines. The specific delay threshold can be affected by extraordinary circumstances, discussed below.

Beyond the Numbers: Extraordinary Circumstances

The crucial caveat is the concept of “extraordinary circumstances.” These are events outside the airline’s control that even with all reasonable measures, could not have been prevented. Examples include:

• Severe weather: Heavy snow, extreme winds, or thick fog.
• Air traffic control strikes: Disruptions caused by air traffic controller actions.
• Security risks: Terrorist threats or other security-related events.
• Political instability: Significant political unrest at the airport or along the flight path.
• Bird strikes: Damage to the aircraft causing unavoidable delays.

If the delay is caused by extraordinary circumstances, the airline is generally not liable for compensation, even if the delay exceeds the thresholds mentioned above. The burden of proof rests with the airline to demonstrate these circumstances.

The Airline’s Responsibility

Airlines are legally obligated to inform passengers of their rights, including the possibility of compensation for significant delays. This information should be readily accessible, typically on their website or provided at the airport.

What Compensation Can You Expect?

The amount of compensation varies depending on the flight distance:

• Flights up to 1500km: €250
• Flights between 1500km and 3500km within the EU: €400
• Flights over 3500km: €600

These are per-passenger amounts. The airline may offer alternative forms of compensation, such as re-routing or accommodation, but these cannot replace the financial compensation you are entitled to if the delay and distance criteria are met and extraordinary circumstances are not involved.

Taking Action:

If you believe you are entitled to compensation, thoroughly document your flight details, including the delay time and the reason provided by the airline. Gather evidence such as boarding passes, flight confirmation, and communication with the airline. You can then file a claim directly with the airline, and if unsuccessful, consider pursuing it through national enforcement bodies or alternative dispute resolution schemes.

Remember, navigating flight delay compensation can be complex. Understanding the nuances of EU Regulation 261/2004 is key to securing your rights as an air passenger. Don’t hesitate to seek legal advice if needed.