Delayed? Get paid!!!

Every year, around 1.75 million people are delayed by more than three hours, but what are your rights when you are left camping out in an airport lounge when you should be sunning yourself on a lounger by the pool? Crucially, under EU rules (EU261/2004), if your flight is delayed by more than three hours you are entitled to monetary compensation. Passengers can then potentially recover up to £480, although this does depend on how long the delay is, and the distance you are travelling. To get the maximum amount, you need to be travelling more than 3,500 km, and be delayed for more than four hours.

"The compensation amounts are not related to the cost of the ticket, as the rules exist to compensate passengers for time and inconvenience, not to reimburse the ticket price," says David Bott, of solicitors Bott & Co. "This means that no matter whether you pay £30 or £3,000 for your ticket the compensation remains the same."

In addition to this, EU rules also state that you are entitled to care from the airline for delays as short as two hours, although once again, this depends on the distance you are flying; the qualifying delay time is two hours for flight distances of up to 1,500 km.

"Alongside financial compensation, the airline is obliged to provide 'care and assistance' during flight delays," says Bott. "This includes meals in reasonable relation to the waiting time, hotel accommodation, transport and two phone calls or emails."

Watch Out For "Extraordinary Circumstances"

While EU regulations state that airlines have to pay for long delays, cancellations or denied boarding, this is not the case if these are caused by what the airline terms as "extraordinary circumstances".

This is deemed as being anything outside the control of the air carrier, and includes circumstances such as industrial strike action, terrorism, sabotage and volcanic ash clouds.

"Airlines have previously used this clause as a 'get-out' to avoid paying compensation where it is rightfully due," says Bott.

"Many airlines have tried to argue a technical problem is an extraordinary circumstance. However, this is not true, and was established as so in the case of Huzar v Jet2.com at the Court of Appeal in July this year."

When Jet2 lost the case with the ruling going in Huzar's favour, the court refused to grant the airline "leave to appeal" at the Court of Appeal.

However, Jet2 has now applied to the Supreme Court for permission for "leave to appeal" at that court instead.

As the Supreme Court is closed for the summer, passengers have no option but to watch and wait.

Claiming Compensation 

To claim, your first step should be to find out if you have a qualifying flight based on the EU rules on flight distance and length of delay.

The EU rules apply to all departures from EU airports, including budget carriers. They also apply to EU-based carriers departing outside of Europe.

There is a useful free calculator you can use to help you work out if you have a valid claim at BottOnline.co.uk.

Having done this, it is worth writing to the airline via its customer service department to see if they will pay compensation directly. Make sure you cite European Regulation EU261/2004. There are template letters on MONEYSAVINGEXPERT.com's website.

Remember to include your name, booking reference, flight number, departure date and destination, along with copies of your ticket, boarding pass and proof of purchase (rather than originals). Keep records of all correspondence. There is useful advice on how to make a claim on the Civil Aviation Authority website at Caa.co.uk.

The other option if the airline refuses or fails to respond, is to take your case to the small claims court. But if you do opt to represent yourself, this requires time and money.

Finally, you could get legal backing from a solicitor that specialises in compensation for flight delays.

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Air passengers face '14,000 hours' of delays over Europe strikes

Thousands of travelers are facing long delays and cancellations as a strike by French air traffic controllers intensifies, wreaking havoc with flight schedules across Europe.

On Wednesday, the second day of the industrial action over aviation cuts, the situation was "unstable," according to European air safety body Eurocontrol.

Leading European carriers including British Airways, EasyJet and Ryanair have all reported flight cancellations and delays.

Eurocontrol earlier said the strike was expected to cause up to 14,000 hours of delays.

Ryanair said in a statement it expected to cancel 15% of its 1,600 scheduled flights on Wednesday and warned the situation was likely to deteriorate further.

"We expect that these delays will continue to build through the morning as the backlog of delayed flights rises,"it said.

"Ryanair apologizes sincerely for any delays or inconvenience caused to our customers by this unnecessary and regrettable French ATC strike."

The budget airline earlier accused air traffic controllers of "blackmailing" passengers and urged European Union officials to ban them from taking industrial action.

Also Wednesday, Brussels Airport said all flights were cancelled from 6 p.m. local time after some Belgian air traffic controllers voted to stage a walkout.

Many passengers took to Twitter to vent their frustration over the disruption.

mafleen @mafleen

Follow

Can't sleep Too busy worrying about the controllers strike. Would prefer not to spend my holiday in the Airport. #airtrafficstrike

4:21 AM - 25 Jun 2014

Airlines were advising all passengers traveling to and from European airports to check the status of their flight before departing.

Under EU law, those experiencing cancellations should be entitled to a refund or alternative booking.

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French air traffic control threatens strike chaos

Hundreds of thousands of airline passengers will face widespread chaos and uncertainty over their travel plans this week as six-day French air traffic control strike is due to go ahead. Airlines have warned that the action is likely to have a “severe” impact on travel to and from France but could also affect many other services passing over the country.

With just over 24 hours to go until the strike was due to begin, none of the airlines could tell passengers for certain whether or not they will be affected because the French authorities still had not decided how many flights they will order them to cancel.

EasyJet, the second biggest airline in France operating from 14 airports in the country, said it expected to have to cancel around half of its services in and out of France.

But it added that up to 70 per cent of the 1,400 flights a day it operates across Europe and beyond pass through French airspace and could also be disrupted or delayed.

British Airways and Ryanair, similarly, said that although they were drawing up plans, they were unable to make final decisions about routes until after a meeting of the French equivalent of the Civil Aviation Authority due to take place on Monday morning.

A similar walkout last year led to the cancellation of around 1,800 flights a day across Europe including scores of services to and from the UK.

There are estimated to be around 350 direct flights between Britain and France during the planned strike period.

Members of the two biggest air traffic controllers’ unions in France have voted for a six-day strike from Tuesday in protest at budget cuts.

The action has been timed ahead of a deadline on June 30 for France to present its five-year budget plans for aviation to Brussels.

It is in preparation for the European “single sky” plan to reduce navigation costs by organising airspace by traffic flows rather than national borders.

But the two unions claim it will lead to a “forced low-cost” ethos in air traffic. British Airways, which operates 30 return flights a day between Britain and France, hopes to switch to larger aircraft on some routes to reduce any backlog. But it said it could not finalise plans until the number of cancellations ordered by France’s Directorate General for Civil Aviation (DGAC) was clear.

“The level of disruption is likely to fluctuate in different parts of France at different parts of each day,” it explained.

“Unfortunately this industrial action is also highly likely to lead to delays on other short-haul services which have to overfly France.”

A spokeswoman for easyJet said: “EasyJet is disappointed at this unnecessary strike action which has the potential to cause considerable disruption and cancellations for passengers and airlines across Europe.

“Despite the fact that this disruption is beyond easyJet’s control we will do everything possible to minimise the inconvenience to our customers.

“As the scale of the disruption becomes clearer we will proactively provide advice for our passengers through our website, text messages and flight tracker tool.”

A Ryanair spokesman added: "We are assessing the situation and are not yet certain of the level of disruption expected, but will advise our customers once we have further information.”

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Do you know your passenger rights?

MEMBERS of the Cyprus European Consumer Centre ECCC have been informing passengers of their rights at Larnaca airport this week.

The campaign, which is part of an EU-wide effort to inform consumers of their rights and to reinforce consumer trust in the EU’s internal market, took place at Larnaca airport for the fourth year in a row. The campaign will take place in 17 EU member-states in June and July.

ECCC head Elena Papachristoforou said that the timing is crucial, before the summer season where most people travel by air and that it would be good to inform travellers of their rights in case their flight is delayed or cancelled, or in the case of the loss of luggage.

She explained that passengers’ rights are protected by European law and that there was an interest from passengers especially those travelling to EU destinations to learn more.

Air passenger rights are valid if their flight departs from an EU country, as well as Iceland, Norway and Switzerland, or arrives in an EU country on board an EU licenced carrier.

If a flight is delayed for more than two hours passengers are entitled to meals, accommodation, communication facilities and in some cases financial compensation.

If a flight is cancelled, the airline must give passengers the choice between reimbursement or rerouting and they may also be entitled to additional compensation (€125-600) under some conditions, but not if the airline can prove that the cancellation was caused by extraordinary circumstances (e.g. airspace closure) or if passengers were informed at least 14 days prior the flight, or if they were rerouted close to their original schedule.

If luggage is lost, damaged or delayed, passengers may be entitled to compensation from the airline of up to €1200.

If a passenger is denied boarding, they have the choice between reimbursement or rerouting. They may also be entitled to compensation and if they choose re-routing, they are entitled to assistance.

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Rio Airport Workers Strike On Eve Of World Cup

Workers at Rio de Janeiro's two airports declared a partial work stoppage beginning at midnight Wednesday, on the eve of the opening match of the World Cup.

Rio's Galeao international airport is expected to be one of the country's busiest during the monthlong soccer tournament. The walkout also would affect Santos Dumont airport, which provides domestic service, including flights to Sao Paulo, where the first World Cup game was being held Thursday.

Unions representing workers at the two airports including check-in counter clerks, baggage handlers and janitorial staff have been seeking for months raises of at least 5.6 percent and special bonuses tied to the World Cup.

A union representative said only 20 percent of workers would walk off the job for 24 hours initially. The official agreed to discuss specifics of the walkout only if not quoted by name because he wasn't authorized to speak publicly.

A labor court in Rio issued an injunction ordering the unions to maintain staffing at 80 percent of normal levels or face fines of up to $22,400.

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Airlines should pay passengers for flight delays

ONE in five Australian domestic flights last year was delayed or cancelled, prompting a call for airlines to offer compensation to passengers.

About 125,000 flights were delayed or cancelled in 2013, with more than 20 million passengers estimated to be affected, figures from the Bureau of Infrastructure, Transport and Regional Economics show. Finder.com.au money expert Michelle Hutchison said it was time for airlines to follow Europe’s lead and compensate passengers who experience significant delays.

“Lost time, missed connections, food and accommodation expenses all add up for the disgruntled flyer,” she said.

“This level of service could be tightened if airlines were more accountable and were forced to pay out for travel delays.

“Compensation laws in Europe for instance, see passengers who are delayed by more than five hours are eligible for a full refund.”

In March this year alone, there were more than 16,000 disrupted domestic flights. Qantas was the most punctual airline, with 88.5 per cent of domestic flights departing and 87 per cent of flights arriving on time. Tigerair was the worst performer – departing on time just 76 per cent and arriving 71 per cent of scheduled flights.

Almost one in five (17 per cent) complaints received by the Airline Customer Advocate last year were concerning flight delays or Of the major airlines, Tigerair attracted the most complaints about flight delays and cancellations in 2013. Tigerair has vowed to improve, and has said that where cancellations do occur, every effort is always made to minimise the disruption for passengers through the provision of transfers onto other Tigerair services or through its new re-accommodation arrangement with Virgin Australia.

When flights are delayed or cancelled, airlines do sometimes offer refunds. Qantas said in the rare event of a long delay, its customers can be provided with meals, accommodation, transportation, bonus Frequent Flyer points and/or refunds. Virgin Australia said alternative flights, food vouchers and accommodation, alternative modes of transport, reimbursement for additional transportation costs and a credit or refund may be offered to its customers.

Ms Hutchison said travel insurance may help travellers cover the cost of significant delays or disruptions.

“You can’t rely on airlines to provide compensation for travel disruptions so it’s important to consider travel insurance before taking off, even if it’s for a domestic trip,” she said.

“Most providers will offer cover for additional meals and accommodation expenses if your journey is disrupted due to circumstances beyond your control after an initial six-hour delay.”

What to do if you’re stuck at the airport

● Duty free shopping: If you have a few hours to kill, check out the retail offering. Most airports in Australia, particularly international departure terminals, have an extensive range of retailers and you can save 10 per cent by purchasing duty-free. Just ensure you stay within the limit per person, or you’ll be charged full price for all duty-free purchases.

● Sneak into the first class lounge: We’re not suggesting you jump the fence, but many airlines will ensure their customers remain happy, so why not ask politely? You never know your luck!

● Find a free meal: Airlines may offer free food or drinks to those inconvenienced, and if the delay is severe enough, accommodation may also be provided.

● Kill time online: Most airports have free Wi-Fi services or even complimentary computers for their customers. You can be productive and get those nagging work tasks done, or just skim music videos and check in on Facebook – it’s up to you.

● Go exploring: This one is particularly useful when little kids are involved. Use the glass walls and long walkways to your advantage! The excitement of travelling paired with the new environment creates the perfect place for little ones to emanate some energy before the long, seated flight.

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How to get compensated for air travel delays

Last summer, Mark Wilson waited in a Rome airline terminal for a connecting flight to London on his way home to New York. And waited. And waited. By the time he arrived in London four hours late, the final New York-bound flight had departed.

Wilson was offered a room at an airport hotel, which he declined. He was also due a $550 cash penalty by U.S. law but says he never knew about the rule. The money sat unclaimed for more than two months, until he used the service Refund.me to collect.

“I travel constantly. I had no idea that law existed,” says Wilson, 36, an investment banker.

Indeed, the right of consumers to collect cash from airlines for international as well as domestic flight delays is not well known, says Christopher Elliott, author of “How to be the World’s Smartest Traveler” and ombudsman for National Geographic Traveler. “The rules are obscure, and airlines intentionally keep them that way.”

Consumers can fill out the required forms themselves and deal directly with the airlines. You can access the U.S. forms through the Department of Transportation’s Aviation Consumer Protection Division. European fliers can find forms at individual airlines or through the European Union.

But some prefer to skip the extra paperwork and hire someone else to handle it, even though it will cost a hefty percentage of what’s recovered. Service providers include AirHelp and Refund.me.

Either way, fewer than 2 percent of eligible travelers try to claim the cash, and less than 1 percent of travelers receive money, says Nicolas Michaelsen, co-founder and chief marketing officer of AirHelp.

RULES FOR PAYMENTS

Passengers whose flights from Europe are delayed by at least three hours or canceled are eligible for up to about $825, depending on the length of delay and distance of the flight. The average payout is around $600, according to Michaelsen. Flights to Europe and within Europe on an European Union-based carrier are also subject to European Union law.

Domestic U.S. travelers may be eligible for even more money, but under much narrower circumstances. An airline that denies a booked passenger a seat (somebody who is bumped on an oversold flight because there are not enough volunteers to give up seats) and can’t get to their destination within an hour of the scheduled time can collect 200 percent of the one-way ticket price, capped at $650.

A delay of two or more hours is worth 400 percent of the price of the one-way ticket, up to $1,300. The average payout is $643, AirHelp says.

In 2013, nearly 467,000 passengers were bumped from overbooked U.S. flights, according to U.S. Department of Transportation records. A routine airline practice can end your eligibility for a cash payment: if an airline offers you a voucher and you accept it.

“Then all bets are off,” Elliott says.

Data shows that most people take the voucher when offered - only about 57,000 U.S. domestic travelers last year were involuntarily bumped. Airlines are supposed to hand those consumers the rules that govern being bumped from a flight, and payment is supposed to be immediate. But that’s not always the case, travel experts say.

However, United Airlines spokesman Charles Hobart says passenger gate agents are told to immediately settle up with travelers due a payment.

Delta Air Lines last year was fined $750,000 by the Department of Transportation for not following the rules. The airline has since invested in additional training and electronic signature pads to document that passengers were properly notified and compensated, spokesman Morgan Durrant says.

So far, AirHelp has processed about 25,000 claims and says a majority of applicants received a payout, with AirHelp taking a 25 percent commission including tax. Refund.me has a two-tier fee, starting at 15 percent commission plus tax for those who return a signed power of attorney form within 28 days, and 25 percent plus tax for those who turn it in later.

A typical case works like this: Connie Lee, 31, of Oakland, California, was delayed on a trip home from Germany. She filled out an online AirHelp form once she got home, which took about five minutes. A couple of weeks later, Lee ended up receiving about $800 from her airline carrier, minus the company’s 25 percent commission.

“It was a very good surprise,” Lee says.

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