Flight delayed – how to claim compensation?
Paradise beach in the Seychelles. Photo: Flight delays and overbooking are annoying – but unfortunately common – situations. When does an airline have to pay compensation? What is standard compensation, and how do you claim it?
When your flight is delayed, demand “care”
If your flight is delayed, the airline must offer you “care”. This varies depending on the length of the flight and the waiting time. In practice, care means meals and refreshments (for example, lunch vouchers for the airport cafeteria). If the flight is postponed until the next day, the airline must arrange hotel accommodation and transportation to the hotel.
The amount of care varies depending on the airline: large companies often handle it perfectly, but the service of budget airlines is quite modest even in cases of delay.
When my flight was stopped at Marrakech airport due to a technical fault and we were able to depart for Helsinki 1.5 hours late, the budget airline Norwegian only offered a cup of coffee for free. Despite requests, a triangle of bread (not to mention a can of beer) could not be offered to the irritated passengers!
Standard compensation for delayed flights
If a flight is delayed and arrives at its destination at least three hours behind schedule, the passenger is usually entitled to standard compensation of at least 250 euros.
The right to standard compensation applies to every passenger – it does not matter whether the flight ticket was paid for by the employer or if the flight is part of a package tour. The compensation is paid to the passenger, not to the ticket buyer.
Standard compensation is based on the EU regulation on air passenger rights (Flight Compensation Regulation 261/2004). It applies to all flights within the EU, all flights departing from the EU, and all flights operated by airlines from the EU.
There are companies online that will apply for compensation on your behalf. One of these companies is Lentoapu, whose website conveniently provides information on the compensation application in Finnish.
If the flight is delayed by at least five hours, you can cancel the flight and get your money back if you wish.
How much is the standard compensation for airlines?
The standard compensation is 250-600 euros. The price of the tickets does not affect the amount of the standard compensation. The possible compensation is determined by the length of the flight and the length of the delay:
Flight length less than 1500 km, delay more than 3 hours = 250 euros.
Intra-EU flight more than 1500 km or non-EU flight 1500-3500 km, delay more than 3 hours = 400 euros.
Flight from outside the EU (more than 3500 km), delay 3-4 hours = 300 euros.
Flight from outside the EU (more than 3500 km), delay more than 4 hours = 600 euros.
Can I get compensation for an overbooked flight?
The standard compensation also applies to overbooked flights – but only if you do not voluntarily give up your seat on the plane. Sometimes the airline will try to persuade “extra” passengers to change to the next flight by offering a smaller amount of money (or just hotel accommodation) than the standard compensation.
Extraordinary circumstances – no compensation
If the flight delay is caused by “extraordinary circumstances” (for example, a strike, terrorism, hurricane or volcanic eruption), the airline is not obliged to pay compensation.
If the flight is delayed due to a technical fault, the passenger is almost always entitled to compensation. Unfortunately, sometimes airlines try to define a technical fault as a “latent manufacturing defect affecting flight safety” or similar. Due to such differences in interpretation, even the domestic Finnair was found guilty by the consumer authorities in 2016 and 2017.
Compensation applications regarding technical faults are almost always resolved positively for the customer, so even in a slightly unclear situation, it is worth applying for compensation. No one is ever wrong!
Compensation for damage caused by delays
If you suffer damage due to flight delays, you can claim compensation for, for example, unused train tickets (keep receipts and tickets). No compensation will be paid for annoyance or annoyance.
How do you claim standard compensation?
If you are denied boarding, your flight is cancelled, your flight departs more than 2 hours late or arrives at your final destination significantly late, the airline must provide you with written information about the compensation and assistance rules.
First, obtain a Flight Delay Certificate, Confirmation of Flight Delay, or similar, and ask the airline representative to take care of your rights. Many airlines handle things in an exemplary manner – especially in obvious cases.
If the compensation provided for by law is not offered, file a written complaint with the airline as soon as possible, stating the flight details and the basis for your claim for standard compensation.
If you find it difficult to write a complaint, don't worry: there are companies online that will apply for compensation on your behalf. One of these companies is Lentoapu, whose website conveniently provides information on how to fill out a compensation application in Finnish.
