Problems with your flight? Know and exercise your rights
WHEN CAN I CLAIM?
You can do it if you leave any airport located in the E.U. or you arrive in the European Union with an airline from an EU country, Iceland, Norway or Switzerland; Y whatever your company and ticket (in application of Regulation (CE) nº 261/2004 of the European Parliament and of the Council, of February 11, 2004).
IN WHAT CASES CAN I CLAIM?
A few weeks ago it was released fly pal , a free application that informs you of all your options as a passenger in real time. “In case you suffer a delay , a cancellation , a denied boarding (generally due to overselling of tickets -overbooking-), a connection loss or a class change of the ticket we tell you what to claim from the airline”, explains one of the co-founders, Victoria Achaval.
It is important to remember that, in addition to financial compensation, we may be entitled to alternative flights to origin or destination (even from other companies); to the necessary “care” ( meals, drinks, to make phone calls or send emails and, depending on the distance of the flight and the length of the delay, a hotel stay) and at refund of the amount of the ticket.
Also, it is important to know that you can claim up to five years later that the problem occurs in the case of Spain, and ten in many other countries. "The claim process would be similar to that of a recent flight ; the only drawback is preserve data and documents of that flight, such as booking confirmation or even boarding passes," explains Carol Ortega, Airhelp's Director of Marketing.
This company checks for you, and also in three minutes, if you are entitled to compensation . After, fight to get it and get the 25% of the money collected (VAT included) only in case of success. "If we don't get compensation on behalf of the passenger, he should not assume any type of cost and he should never advance any money," Ortega clarifies.
FlyPal gives in real time the options that you can request from the airlines according to each case
IF YOU ARE DENIED YOUR BOARDING PASS...
If your flight is canceled or denied boarding for overbooked you have the right to:
- The refund of the amount of the ticket in seven days (and if necessary a flight to the starting point as quickly as possible) .
- A reach your final destination as quickly as possible (or on a date you choose) by comparable means (of which you must be informed) .
That moment when you see life pass by on the other side of the glass
WHEN DO I HAVE THE RIGHT TO A FINANCIAL COMPENSATION?
In the event of flight cancellation, denied boarding or arrive at the end of your destination more than three hours late , you have rights to compensation between 250 and 600 euros (according to flight distance) :
- Within the E.U. : up to 1500 kilometers, 250 euros; more than 1500 kilometers: 400 euros.
- Between an airport in the E.U. and another outside : up to 1,500 km, 250 euros; of 1500 km. at 3500 km. €400; more than 3500 euros km., 600 euros.
Of course, if the company offers you an alternative flight with a similar schedule, compensation can be halved . In addition, you will not receive compensation if the time is canceled for extraordinary circumstances (a technical failure or a workers' strike would not fall into this category) , if they notify you two weeks in advance or if you were offered an alternative flight on the same route at a similar time.
Also, in certain circumstances of Lost Connection between flights, you also deserve compensation: " If the delay of the first leg is the cause of the loss of connection of a second leg and the airline offers an alternative flight to reach the destination, they will be entitled to compensation if the passenger arrives at the final destination with two, three or four hours late with respect to the original time of arrival at the final destination, depending on the length of the journey Ortega explains.
If they lose you Baggage , nevertheless, it will take more than 21 days for you to be entitled to compensation. After that period you can claim. "Flying in Europe, the airline is responsible for pay for lost baggage under the Montreal Convention , but the amount varies by company. Flying in the United States, liability is limited to $3,000 per suitcase. However, there is a big difference between airline policies: it is best to review the details with each company specific. In both cases, it is necessary present invoices or tickets in order to prove the contents of the baggage and provide a description of the lost bag," explains Airhelp's Marketing Director.
Nevertheless, there are cases in which In no way can you get compensation: "There are extraordinary circumstances that exempt airlines from compensating passengers for delayed flights, such as Adverse weather conditions , strikes that are not caused by airline personnel - that is, by airport staff or air traffic controllers - and extreme cases such as terrorism or sabotage ", Ortega details.
Remember: each bill, ticket or invoice is your treasure (and you do not share it)
WHERE TO CLAIM?
The airlines have to provide you with a form to make the claim (if they do not give it to you, AENA has them and will then deliver them to the company). Write the problem (with details), date, time, flight number, place and your personal data. **Never deliver any original paper (except for the boarding pass) ** and keep a copy of the claim form stamped by the company. Save all food, taxi and hotel tickets if necessary.
“It is important to always keep your boarding pass, in addition to the reservation , which today is usually electronic and can be retrieved in emails. It is also very useful to fill out a claim form at the airline counter at the airport”, explains Carlos Salvador Muñoz, lawyer for FairPlane , a law firm specializing in airline claims.
Have you been hung up?
WHAT IF I HAVE TO GO TO COURT?
If _(horror-horror) _ your airline does not compensate you according to the legislation or does not fulfill all its obligations (ticket return, right to information, airport assistance services...) It's time to file a lawsuit.
There are consumer associations like CEACCU (Spanish Confederation of Organizations of Housewives, Consumers and Users) that offers free models to make legal claims against airlines at no cost to the user.
"In the event that the failure of the airline has economic consequences, fly pal allows you to transmit with a click to the professional you choose from the country of the breach, all the data and details of the same that they need so that they are in charge of obtaining your compensation", says Victoria Achaval, the co-founder of this free app ( available on the Apple Store for iOS and Google Play for Android ) .
If you opt for a specialized lawyer, you can contact Reclaimador.es, Flight delay, Fairplane, Delays.net, Airhelp or Flightright.
Of course, traveler, we hope you do not have to come here.
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* This article was originally published on 04.11.2016 and has been updated.
Follow McClane's advice in 'The Jungle 2: Red Alert' and don't lose your cool