Compensation for a delayed flight – how to claim it and when you are entitled?

When are airlines obliged to pay compensation for a delayed flight?

Both Polish and EU regulations strictly regulate when you can claim compensation for a delayed flight from airlines. Not every delay meets the criteria for financial compensation. You can claim financial compensation for a delayed flight if the passenger arrives at the destination with at least a 3-hour delay. If it happens that the flight is delayed but the time is made up during the journey and the passenger arrives at the destination on time, there is no basis for making a claim against the airline.

Delayed flight and lack of financial compensation

Not every delay entitles you to compensation, but in the case of a flight delay, it is worth knowing the rights of airline passengers. Although a delay of up to 2 hours does not entitle you to compensation, the airline is obliged to provide drinks and meals in an amount appropriate to the waiting time. They must also provide passengers with two phone calls and the possibility to send two emails if needed.

A long wait for a replacement flight, meaning having to wait one or more nights, obliges the airline to provide a hotel and transport to it from the airport. If the wait for the replacement flight exceeds 5 hours, the passenger is entitled to a refund for the ticket or the option to reach the destination by another connection.

Not every delay therefore entitles you to compensation. However, it is worth knowing your rights before departure and enforcing them effectively.

What amounts can you expect?

The amount of compensation for a delayed flight depends on several factors. It applies, as already mentioned, to delays over 3 hours. It also depends on the length of the route and whether the flight took place entirely within the European Union or also outside it.. If the flight took place within the European Union and the delay time exceeded 3 hours, compensation is due in the amount of:

• 250 €, when the route does not exceed 1500 km;
• 400 € for routes over 1500 km.

In cases where the flight ends or begins outside the EU, you can expect compensation for a delayed flight in the amount of:

• 400 € for routes from 1500 to 3500 km;
• 600€ for routes longer than 3500 km.

It is worth remembering that you can receive compensation for a delayed flight whether you are flying with regular airlines or on charter flights. The regulations apply regardless of the type of flight. If the flight is canceled, additional options for compensation or care that airlines must provide apply.

Conditions for receiving compensation for a delayed flight

As already mentioned, the possibility of obtaining compensation applies to flight delays longer than 3 hours. It is also worth noting that flight cancellations have consequences for airlines. To receive compensation, a claim must be filed. The complaint form can be found on the websites of ECK – the European Consumer Centre. It includes, among other things, flight data and all necessary information to determine the validity of the claim. There you will also find information regarding the passenger's right to compensation and its amount. When sending a complaint, remember to keep proof of sending. The airline has 30 days to respond to the complaint. If the airline does not respond within this time or rejects the complaint, you can seek help from the Passenger Rights Ombudsman if the flight takes place from Polish territory, ECK Poland – if the airline is registered in one of the EU countries excluding Poland, or the NEB of the country from which the flight was planned.

It is worth knowing that many airlines provide complaint forms on their websites, which facilitates the efficient submission of a complaint and the procedure itself.

Exceptions to the rule, i.e., extraordinary circumstances

It is worth knowing that sometimes airlines cannot prevent random accidents that delay a flight. According to the regulations, a delay caused by extraordinary circumstances that led to the flight cancellation exempts the carrier from liability related to paying compensation. Such situations include, among others:

• security threat,
• bad weather,
• bird strike,
• political instability,
• airspace closure,
• natural disaster.

In such a case, a canceled flight does not create an obligation to pay a claim, as it is conditioned by factors beyond the airline's control.

Submitting a complaint – watch the deadline to avoid claims becoming time-barred

Although Regulation (EC 261/2004) does not specify a deadline for claiming compensation, it is worth remembering that it may vary in different countries. The regulations indicate that if the carriage contract does not specify the applicable law, the laws of the country where the traveler has their habitual residence apply, which in the case of the vast majority of Poles means Poland. This applies only on the condition that we are flying to or from Poland. If this is not the case, the laws of the country where the airline is registered apply.

In the case of Poland, the regulations allow one year to file a complaint, but in other countries, this period can be several years. However, it is worth not delaying and submitting a complaint about the canceled flight as soon as possible. In the case of a delayed flight, it is worth keeping the boarding pass, although increasingly airlines do not require such travel documents.

A delayed flight caused by the carrier results in a number of inconveniences that can be compensated by the airline's care for passengers if the delay is not long, but also by paying compensation when the flight cancellation is not accompanied by extraordinary circumstances. It is worth knowing your rights so that air travel does not cause frustration or stress.