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Compensation Quick Reference

Compensation Quick Claim Evaluation Nationa Enforcement Body

 

 



Compensation of Euro 250 - 400 - 600 depending on travel distance and time.
 n  Home  

 n  Delayed

  
n  Cancelled

  
n  Denied Boarding

  
n  Downgraded

 n  Prior Rebooking or Cancellation

 n  Claim Assistance No Cure No Pay

STEP BY STEP DIY EC REGULATION No.261/2004 COMPENSATION CLAIM

Keep in mind the compensation is not a damage claim , it is a compensation for inconveniences caused by events controlled by the operating air carrier.

The regulation is not an option, it is an obligation.

Extraordinary circumstances only relates to the compensation claim. The operating air carrier still has an obligation to perform the contracted transport in the best possible way in agreement with the passenger, and also provide the passenger care if needed.

Extraordinary circumstances mainly occur from events not within the organisation.

The extraordinary circumstances themselves are not causation for exempt to compensation. The operating air carrier must also prove it was not possible to take reasonable measures to avoid the cancellation or long delay.

The often used excuse of technical problems with the aircraft is not by itself a valid extraordinary circumstance.  

Package Tours are also covered by the EC Regulation 261/2004

In case of not having received assistance or care from the air carrier you may also claim documented reasonable expenses for meals,hotel, local transport and travel expenses for own transport to continue your journey as planned.(This does not mean you will be rewarded , but you are entitled to claim.Always refer to your travel insurance first )

Damage claims are referred to the Montreal Convention and not the EC Regulation 261/2004.    

 

STEP 1. Request only written documentation from the operating air carrier as to the cause of the delay, cancellation, denied boarding or downgrade. Some airlines let you request this online .                                                                                                                or                                                                                                                           Request  our Claim Assistance with No Cure No Pay offer.                                     

 

 

STEP 2. If you are not convinced the cause stated by the PIR report is correct or it is not an extraordinary circumstance submit a claims letter to the operating air carrier. and                                                                                                                                    If the operating air carrier did not within the set time frame present you with a written documentation of your legal rights as per EC Regulation 261/2004, request reason for the air carrier not complying with the regulations article 14 on its own accord.             also                                                                                                                                   If the operating air carrier did not provide you with assistance and care as per the EC Regulation 261/2004, request reason for not complying with regulation article 9(1)(b) and 9(1). and claim also any reasonable documented expenses reimbursed.

 If no answer is received within 28 days submit a reminder letter and if after 14 days you still have not received an answer go to step 3 or 4.                                                                       or                                                                                                                                     If you have received a statement you must determine if the causation is valid to exonerate the air carrier from the compensation claim.                                                                               If you are convinced it is not a valid statement go to step 3 or 4.

Are you not certain of your position at this stage we can offer you our Claim Assistance with No Cure No Pay offer.

 

 

STEP 3 Submit claim to the NEB for the region of either the departure or arrival airport within the EC member states.

List of National Enforcement Body (NEB)

The claim period limit is generally 24 months. Claims are regardless of claimants residence or nationality.

We suggest you use our claims form.                                                                                 Do not submit it online to us.                                                                                                Just print it out and mail it to the NEB together with any documentation received from the operating air carrier. The burden of evidence is upon the air carrier so do not use any own documentation you may have unless you consider it absolutely vital to your case.

Expect the NEB to use minimum 8 weeks to get any required documentation from the air carrier and up to 6 months or more for complete handling of the case.If the NEB is not able to convince the air carrier to compensate you, then the NEB can only submit a written not legally binding opinion to be used for legal proceedings. Some EC member countries will grant free trial and representation if you have the NEBīs support. Other NEBīs will only process claims for air carriers departing or residing in their own region.

The majority of NEBīs are the regional Civil Aviation Authority (CAA) who seem not all to be consumer rights aware and can not be viewed as impartial as they receive the majority of their funding from the services they perform regarding the airlines. The Scandinavian countries except Denmark use the Consumer Ombudsman as NEB. Norway is not an EC member but follows the EC regulation 261/2004. The trend in the UK and Germany for claimants, are to take direct legal action with the Small Claims Court or Local Courts.

We recommend http://www.flightmole.com for claim assistance with UK flights and air carriers.

 

STEP 4 Have you not received any compensation by now and you are convinced it is worth pursuing , then you must take legal actions if not already granted by the NEB in step 3.

EC member states, except Denmark, have the Cross border Small Claims Court  for  small monetary claims without need for representation. You present your case directly to the judge who may start proceedings against the operating air carrier if your case is worthy.The claim requires a small deposit fee.

Some states will grant free trial and representation if it is a principal case of vital interest to the public.

Damage Claims

If you have had economical damages due to the delay, such as loss of income, missed connecting flights etc. you may demand compensation from the airline.                           Within the EU, and in most other parts of the world, the Montreal Convention is applicable, and the airline is responsible up to the value of 4 150 SDR** for any resulting damages.

** 1 SDR = 1.36 Euro at 29.8.2007. For the current exchange rate, 

 

Disclaimer : Information on this page is not legaly binding and does not present the complete    text of the EC regulation no. 261/2004. It is only intended as an aid  for claiming compensation from the operating air carrier. .

 


 

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                                                       Updated 08/05/2010