While most flights proceed without a hitch, passengers sometimes face in-flight mishaps that can range from minor inconveniences to serious incidents. When such situations occur, it is essential to understand your rights and the appropriate flight compensation amount under European law.
Unfortunately, air travel always implies certain risks. Unforeseen events may happen both on the ground and amid the skies. Some of the most common in-flight mishaps include:
Should you experience an injury or get ill on a plane, the Montreal Convention—a global treaty that regulates air transportation — might entitle you to remuneration. The flight compensation amount depends on the severity of the injury or sickness and could encompass:
In some cases, passengers may experience emotional distress during a flight due to unexpected events or poor treatment by airline staff. While compensation for emotional distress is not explicitly covered by flight claim EU law, passengers may be able to seek damages through national courts. Factors that may be considered in determining compensation include:
Aside from injuries, illnesses, and emotional distress, passengers may encounter other in-flight mishaps that warrant compensation. Examples include:
Under EU Regulation 261/2004, passengers may be entitled to compensation for lengthy delays, depending on the distance of the flight and the duration of the delay. The flight compensation amount ranges from €250 to €600. Generally, the law states that if your flight is delayed for more than three hours:
The Montreal Convention provides compensation for lost, damaged, or delayed baggage, with a maximum limit of approximately €1,400.
If you are involuntarily denied boarding due to overbooking, you may be entitled to compensation under EU Regulation 261/2004, ranging from €250 to €600, depending on the flight distance and the delay in reaching your final destination.
When you have experienced an in-flight mishap and believe you are entitled to compensation, it is necessary to follow the appropriate steps to maximize your chances of a successful claim:
Gather all relevant documentation, such as boarding passes, tickets, receipts, medical records (if applicable), and any correspondence with the airline.
Familiarise yourself with the current laws, including EU Regulation 261/2004.
Submit a formal complaint to an airline, providing a detailed account of the incident and the compensation you are seeking. Ensure you are aware of the airline’s deadlines for filing a claim.
If an airline denies your claim or offers an unsatisfactory settlement, consider seeking legal advice from an expert in aviation law.
In situations where the dispute remains unsettled through direct communication with the airline, you might choose mediation or arbitration as alternatives, typically proving to be swifter and more cost-effective than pursuing legal action in court.
Understanding your rights as an air passenger and knowing how to navigate the process of seeking compensation for a delayed flight can help you recover financial losses in the event of an in-flight mishap. It is important to gather evidence, communicate assertively with an air carrier’s representatives, and seek legal advice if necessary.
Have you ever had to submit a claim for reimbursement following an in-flight mishap? Did you receive the compensation you felt you deserved?
