Traveling by plane has become part of the daily lives of millions of Europeans, but not everything always goes as planned. Few passengers know that if the plane whose travel is delayed or canceled in the European Union, they may be entitled to a indemnity of hundreds of euros, under Regulation (EC) No. 261/2004 of the European Parliament and of the Council.
According to the official EU portal, all passengers departing from an airport located in the EU, or arriving in the EU on a flight operated by a European company, are protected by the EU regulation on air passenger rights.
It is defined that if a plane arrives at its final destination three or more hours late, the passenger can claim compensation, except in cases of “extraordinary circumstances” such as storms or safety risks.
This legislation, in force since 2005, also establishes rights in situations of flight cancellation or denied boarding, guaranteeing compensation and assistance during the wait.
Prices can reach 600 euros
The amount of compensation varies depending on the distance of the flight. According to the same source, for journeys of up to 1,500 kilometers, the cost is 250 euros, between 1,500 and 3,500 kilometers, it rises to 400 euros, and on long-haul flights, over 3,500 kilometers, it can reach 600 euros.
The values are uniform throughout the European Union and apply to both low cost companies and traditional carriers. The objective is to compensate the passenger for the inconvenience caused, without the need to prove material loss.
Not all delays entitle you to compensation
There are, however, exceptions. If the delay results from extreme weather conditions, air traffic controller strikes or other factors beyond the control of the airline, the right to compensation may not be recognized.
Common technical situations, such as maintenance failures, are not considered extraordinary and, therefore, do not exempt the carrier from paying compensation. The airline always has a duty to demonstrate the reasons for the delay and to offer travel alternatives, reimbursement or support at the airport, including meals and accommodation, when necessary.
How and where to complain
To exercise this right, the passenger must submit a complaint directly to the airline, attaching documents such as the ticket, boarding pass and any communication about the delay.
If the carrier does not respond or refuses the request, it is possible to appeal to the competent national body. In Portugal, the responsible authority is the National Civil Aviation Authority (ANAC), which can intervene on behalf of the consumer.
The portal provides a model complaint form and a list of contact bodies in each Member State.
Deadlines vary depending on the country
Although the European regulation does not establish a single deadline, each Member State defines its own. In Portugal, the complaint can be made up to three years after the date of the flight, according to ANAC’s understanding.
Therefore, even if the delay occurred some time ago, it may still be possible to claim compensation, as long as the trip was carried out within Europe and meets the criteria of the regulation.
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