Those affected will receive up to 600 euros as long as the airline does not move them to another plane that arrives less than two hours apart.
The thousands of people affected by the nearly 400 flight cancellations in the past month in Spain alone – the majority due to strikes at companies such as Ryanair or Easyjet – are entitled to transfer to other aircraft, but in some cases compensation unknown due to lack of information.
The European regulations are clear: passengers receive compensation when their flight is cancelled. Article 7 of European Regulation 261/2004 provides that those affected will receive compensation of 250 euros for flights up to 1,500 kilometers, 400 euros for flights within the European Union (EU) between 1,500 and 3,000 km and 600 euros for the rest of the flights. . This reimbursement must include the refund of the full amount of the ticket within a maximum of seven days.
In addition, users can also claim all other types of damages, of any kind, that they have suffered as a result of the cancellation: hotels, rental cars, scheduled excursions, organized trips, connecting flights, etc. And even moral damages for the loss of their holidays or part of them, among other possible assumptions, as confirmed by Facua.
And if the cancellation occurs in the hours before the flight departure, when the passengers are already at the airport, the compensation continues. In these cases, Article 9 of the European regulations obliges airlines to offer those affected sufficient food and drink, if necessary accommodation in a hotel and transport from the airport to that hotel.
All this is extended to cases where the flight is not canceled but has a delay of more than 3 hours from the scheduled arrival time. Costs caused by late departure, such as meals, but also for missing excursions or rental cars, could also be claimed.
No. A judgment of the Court of Justice of the European Union (CJEU) in April 2018 ruled that a workers’ strike does not fall under the concept of “extraordinary circumstances” that prevent airlines from compensating affected passengers for what you have to financially answer.
“Consumers affected by a strike have the same rights before the cancellation of their flight as if it had been caused by an aircraft malfunction or bad planning in the company,” explains Rubén Sánchez, General Secretary of Facua. These passengers can therefore claim transfer to another flight or get their money back if the new date does not suit them, in addition to the money lost as a result of the situation and the financial compensation established by the European regulation.
From the OCU, they confirm that the strikes “should not be considered a force majeure cause” as they are other circumstances that could not have been avoided even with reasonable measures, such as severe bad weather which exempts the airline from paying compensation. in case of cancellation or delay.
There are a number of exceptions for which the airline is exempt from paying such financial compensation. They are divided into three cases:
-If the cancellation is notified more than two weeks before the departure of the flight.
-If notified between one and two weeks before the flight and alternative transport is offered that reaches the final destination less than 4 hours later than expected.
-If you are notified less than a week in advance and an alternative flight is offered that will allow you to reach the destination less than 2 hours late.
If one of these assumptions occurs and the affected party does not receive the compensation stipulated in the European regulations, he is always entitled to a full refund of the ticket within seven days if he is not convinced by the new option and to claim claim as damages and compensation for all other types of costs resulting from the cancellation of your flight, such as hotels, travel to the destination, connecting flights, etc.
According to the airlines that cancel most flights because of the strikes, “the impact is minimal”, so they don’t register many claims. Easyjet sources explain that customers were informed in advance and offered to rebook their flight or receive a refund. With Ryanair they also assure that they have been notified “in advance” and that they have been suggested to change, refund or move the dates. On the other hand, they verify from the Flight Claim platform that the strikes are “causing a large number of cancellations”, which has increased the claims. From January to June, they were up 18% from 2019, but from June 1 to now — the strikes started at the end of that month — claims are up 141%.
The claim process begins in a similar manner in the event of cancellation, delay or if the passenger is grounded due to the lack of a seat (“overbooking”). Once the incident occurs, you should contact the airline directly to see if you can be moved to another flight or get an alternative. If this does not happen or if the alternative arrives at the destination more than 3 hours later than expected, you must submit a claim for Spain on the Aena website.
The main thing, say the consumer associations, is to keep all possible documentation and all receipts of payments that have not been recovered at the destination of excursions, hotels, etc., as well as costs associated with the cancellation or delay of the flight such as meals tickets or drink at the airport.
For several weeks, the passport control situation at airports has “improved a lot,” according to ALA, the Airline Association, sources. All this thanks to the police reinforcement that started working from the end of May, after several airlines denounced the collapse of these controls that have to check the documentation of tourists coming to or arriving from third countries, such as the United Kingdom since the ‘Brexit’.
And while the situation is no longer as chaotic, occasional delays in these checks can continue to occur, meaning some passengers may lose connection with another flight. From the Facua association they explain that with the Ministry of the Interior -as the person responsible for these checks- you can claim the loss of flights, as well as all other extra costs such as accommodation, connecting flight, meals, etc.
Facua recommends providing all possible evidence to show that the delay was due to the queues and that the passenger had sufficient time to make the stopover. In case of a missed flight, it is better to file the complaint at the airport requesting a claim form and providing all documentation.
Source: La Verdad
I’m Wayne Wickman, a professional journalist and author for Today Times Live. My specialty is covering global news and current events, offering readers a unique perspective on the world’s most pressing issues. I’m passionate about storytelling and helping people stay informed on the goings-on of our planet.
