What to do if the airline is not willing to compensate for a delayed or canceled flight?

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Airflight explains what to do if the airline is not willing to pay compensation for a delayed or canceled flight


The passenger's rights in case of flight cancellation, cancellation or long delay are regulated by Regulation No. 261/2004 of the European Parliament and of the Council.

Regardless of the situation, the airline has the obligation to inform passengers of their rights according to the regulation.

More precisely, the rights of passengers depend on the circumstances of the case. The passenger may be entitled to assistance and care, but also to additional compensation in certain cases. Passengers have the right to additional compensation, for example, in the event of cancellation of a flight, as well as in the event that the flight is canceled with less than two weeks' notice or if the flight is delayed to the destination by three hours or more.

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However, it should be borne in mind that the airline is exempted from the obligation to pay compensation if it can prove that the delay or cancellation of the flight was caused by such extraordinary circumstances, the occurrence of which could not have been avoided even if it had used all the resources at its disposal. Such cases can be, for example, politically unstable conditions, weather conditions unsuitable for the operation of the flight in question, a security threat, unforeseen shortages related to flight safety or strikes affecting the operation of the operating airline.

If the flight is delayed or cancelled, the passenger has the right to contact the air carrier for compensation for the inconvenience caused to him. In case of a negative answer (for example, the air carrier indicates that the plane had an unexpected technical failure and therefore refuses to pay compensation) or in case of non-answer, the passenger can file a complaint with the EU, who can help in communication with the airline and in finding out the circumstances of the case.

Complaints filed against an airline registered in EU are resolved in the Consumer Disputes Committee operating at EU. The decisions of the commission are voluntary for the company to comply with, but if the company does not comply with the decision, it will be added to the black list of companies that do not comply with the commission's decisions. The blacklist is public and available to all interested parties. If the company does not comply with the commission's decision, the consumer has the right to appeal to the court in the same dispute.

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