Flight Delays, Flight Cancelation : what to do, what compensation ?

Delayed or cancelled flights happen : here is what you can claim (refund, compensation) if one of those two scenarios happen.

Flight Delays (US rules)

A flight delayed, that happens a lot. All the time. Weather condition, a passenger that is late, the pilot who lost or forgot his passport (don’t believe it ? That happened to me in Canada, true story), or a problem with the plane… Anything can happen. But what can be done when this happens ? Well, not much. The US Department of Transportation is pretty clear about that.

“There are no federal laws requiring airlines to provide passengers with money or other compensation when their flights are delayed. Each airline has its own policies about what it will do for delayed passengers. If your flight is experiencing a long delay, ask airline staff if they will pay for meals or a hotel room. While some airlines offer these amenities to passengers, others do not provide any amenities to stranded passengers”, says the US government.

Airlines are required to provide passengers with information about a change in the status of the flight if the flight is scheduled to depart within 7 days. Airlines are required to give these status updates 30 minutes (or sooner) after the airline becomes aware of a status change. The flight status information must, at a minimum, be provided on the airline’s website and via the airline’s telephone reservation system. Also, when a flight is delayed for 30 minutes or more, the airline must update all flight status displays and other sources of flight information at U.S. airports that are under the airline’s control within 30 minutes after the airline becomes aware of the problem.

When a flight delay unexpectedly becomes longer and longer, this is called a “creeping delay.” During “creeping delays,” unexpected developments can cause a delay to be longer than anticipated. For example, weather that was supposed to improve can instead become worse, or a mechanical problem can turn out to be more complex than the airline originally thought.

How to switch flight ?

If your flight is delayed, you can try to arrange another flight on your airline. It is sometimes easier to make such arrangements by calling the airline, through the airline’s website or mobile application, or via social media. Before you decide to switch flights, check if the airline will charge you a fee and/or a higher fare for changing your reservation. If you find a flight with an available seat on another airline, you can ask the first airline to transfer your ticket to the alternative airline – this practice could save you money by avoiding a fare increase. However, there are no federal regulations requiring airlines to put you on another airline’s flight or reimburse you if you purchase a ticket on another airline. Also, keep in mind that changing flights and airlines becomes more difficult and time consuming if you have checked bags.

Flight Delayed : Can i ask for a refund ?

In some situations, you may be entitled to a refund, including a refund for all optional fees associated with the purchase of your ticket (such as baggage fees, seat upgrades, etc.). DOT has not specifically defined “significant delay.” Whether you are entitled to a refund depends on a lot of factors – such as the length of the delay, the length of the flight, and your particular circumstances. DOT determines whether you are entitled to a refund on a case by case basis.

Flight Cancelation (US Rules)

If your flight is cancelled, most airlines will rebook you for free on their next flight to your destination as long as the flight has available seats. If your flight is cancelled and you choose to cancel your trip as a result, you are entitled to a refund for the unused transportation – even for non-refundable tickets. You are also entitled to a refund for any bag fee that you paid, and any extras you may have purchased, such as a seat assignment. 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 number of seats.

Can i ask to be put on another airline’s flight ?

Yes. While airlines are not required to put you on another airline’s flight, they can and sometimes do, so it does not hurt to politely ask your airline if it will transfer your ticket to another airline that has a flight with available seats. Ask the airline or check online to see if another carrier has open seats and then ask if the first airline will transfer your ticket to that carrier. Remember, however, that airlines are not required to do this. Also, be aware that finding available seats on another airline’s flight may be difficult, especially during holidays and other peak travel times.

Delayed flight: what compensation? (UE Rules)

The European regulation applies.

To all passengers departing from a country of the European Union, Iceland, Norway (or Switzerland);
To all passengers arriving from a country of the European Union, Iceland, Norway (or Switzerland) if the airline is European.

Your plane is delayed if you reach your destination at least 3 hours later than the original scheduled time. You are entitled to compensation, according to the UE.

The compensation due in case of delay depends on the distance of the flight. It is:

250€ for flights up to 1500 kilometers,
400€ for flights between 1500 and 3500 km,
600€ beyond 3500 km, provided that you are at least 4 hours late (300 € for a delay between 3 and 4 hours).

This compensation is not due if:

You were informed of the delay of your flight at least 2 weeks before departure;
the company proves that the cancellation is due to exceptional circumstances (extraordinary events such as volcanic eruption, floods, civil war, earthquake…)
This compensation is not due if:
You were informed of the delay of your flight at least 2 weeks before departure;
the company proves that the cancellation is due to exceptional circumstances (extraordinary events such as volcanic eruption, floods, civil war, earthquake…)

Good to know: The delay is calculated at the arrival and not at the departure of the plane. The arrival time of a plane is defined by the opening of at least one of these doors.

Your other rights in case of a flight delay

If your flight departs several hours late, you are entitled to free drinks and meals at the airport of departure, offered by your carrier, as well as two telephone calls, two faxes or two e-mails.

If the delay is so severe that your flight does not leave until the next day, you are also entitled to accommodation and transportation between the airport and the accommodation.

This assistance depends on the waiting time and to the flight distance. It is due if your flight takes off with a delay of more than:

2 hours for flights up to 1500 km,
3 hours for flights in the European Union of more than 1500 km and for all other flights between 1500 et 3500 km,
4 hours for flights of more than 3500 km.

For delays of 5 hours or more at departure, you have the choice between:

Continue your trip,
Postpone it,
Renounce it and get a refund of the tickets for the part(s) of your trip not taken and for the part(s) of your trip already taken and no longer needed (e.g., flight delay on departure of a connecting flight, return paid for by the company).

Cancelled flight: request reimbursement and compensation (UE Rules)

If your flight departs several hours late, you are entitled to free drinks and meals at the airport of departure, offered by your carrier, as well as two telephone calls, two faxes or two e-mails.

You are also entitled to choose between the refund of your ticket or another flight to your final destination in similar transport conditions.

Then, you are entitled to a compensation of:

250€ for flights up to 1500 kilometers,
400€ for flights between 1500 and 3500 km,
600€ beyond 3500 km, provided that you are at least 4 hours late (300 € for a delay between 3 and 4 hours).

This compensation is not due if:

You have been informed of the cancellation of your flight at least 2 weeks before the departure
The departure of the alternative flight is less than 2 hours earlier or the arrival is delayed by less than 4 hours;
The airline proves that the cancellation is due to exceptional circumstances (extraordinary events such as volcanic eruption, floods, civil wars, earthquake…)

What exceptional circumstances are not eligible for compensation?

If the airline proves that the flight cancellation or delay is due to unavoidable extraordinary circumstances, it is not be required to pay the expected compensation. The European regulation 261/2004 does not give examples but indicates that “extraordinary circumstances” occur when air traffic is disrupted “although all reasonable measures have been taken by the air carrier in order to avoid delays and cancellations.”

Specific situations constitute to an undeniable way exceptional circumstances justifying flight cancellation: the eruption of a volcano blocking air traffic, a heavy snowfall, a storm, a cyclone, an earthquake, an act of terrorism…

However, some of reasons for flight cancellations cited by the airline can be discussed.

This is the case of the staff strike of the airline, for example. As the airline is usually informed of the strike by its staff, we consider in France that it could in principle take measures to avoid flight cancellations. By contrast, when it is about the airport staff strike, air traffic controllers for example, this fact comes from outside the airline, which cannot avoid it. Flight cancellations in these circumstances will not be able in principle lead to a compensation.

Overbooking, denied boarding: what are your rights?

You may be denied boarding if the airline has sold more tickets than available seats: then you are victim of denied boarding because of overbooking.

In this case, the airline must first call on volunteers. Then, it must call on passengers if they accept to delay their flight. If you are volunteer, you are entitled:

To the reimbursement of your ticket, and if necessary, take the responsibility for the return flight to your departure airport;
To meals and drinks by waiting the alternative flight;
To the payment of a compensation negotiated with the airline
If you are not volunteer and that you are denied boarding OR that you are victim of an unjustified denied boarding (example: the flight attendant tells you that you do not have not the required identity papers while you have all the necessary documents and the plane takes off during the time of this verification), you are entitled:

To choose between an alternative flight to your final destination and the refund of your ticket, and if necessary a return flight to your departure airport;
To meals, drinks, two phone calls, two faxes, or two emails, and if needed an accommodation and the transport between the airport and the accommodation;
To the payment of compensation of:
250€ for flights up to 1500 kilometers,
400€ for flights between 1500 and 3500 km,
600€ beyond 3500 km, provided that you are at least 4 hours late (300 € for a delay between 3 and 4 hours).

Claiming with an airline: procedures and form

If you have been victim of cancellation or flight delay, here are the procedures to follow to assert your rights.

At the airport, require written confirmation of the cancellation, the flight delay, or the denied boarding by the ground staff of the responsible airline, if possible specifying circumstances. If the employee refuses to issue this document, take photos of the notice board and ask other passengers in writing for testimonials.
Keep all your receipts of payment (hotel, taxi, meal) by waiting your flight.
Contact the airline: contact the actual carrier, it means the one who was to concretely carry out the flight. This may be a different company from the one that sold the flight. On your reservation, check the mention “operated by”.

In the case of travel with several successive airlines, you will have to backfire on the carrier that made the journey during which the incident took place, unless one of the companies has contacted you to declare itself responsible for the entire journey.

Use the online form of your airline. Once completed online, take a screenshot to keep a proof of your procedure.
If your procedure failed at the end of 6 weeks and if you have a litigation with an airline based in a European country, United Kingdom, Iceland or Norway, contact the European Consumer Centre of your home country for free!
You lives in France and you have a litigation with a French airline, contact a French consumer association.

You may also consider a mediation procedure