One of the many problems that the coronavirus has generated, when the State of Emergency was declared that confined the population, was the cancellation of trips and therefore, of flights. The cancellation of a flight has not been born with the health crisis, either from our own experience or that of third parties, we know someone who has had to claim for a cancelled flight .
Is it really worth filing a claim for a cancelled flight? The answer is: it depends. You have to take into account the reasons for the cancellation to decide whether or not it is worth starting the process to file a claim.
Regulations for claiming
Claiming a flight cancellation under EU Regulation 261/2004 : two chinese overseas europe database requirements must be met:
That the flight cancellation is from an airline of the European Union
That the cancelled flight takes off from an EU country
Claiming a flight cancellation under the Montreal Convention : for trips outside the European Union. Applies to flights of non-European airlines that do not take off from a European country.
The steps to claim for a cancelled flight depend on the type of right you want to claim: refund , alternative or return transport, and also the right to assistance and compensation . It should be noted that in certain cases you will not be entitled to financial compensation (ranging from 250 euros to 600 euros). For example : if the cancellation is made with sufficient notice.
That's why you have to decide whether it's worthwhile to file a claim for a cancelled flight. You'll also have to be very patient, since airlines will, of course, try to find any excuse not to compensate you for this loss.
It is advisable to keep all documentation you have about your flight and the cancellation, as proof. In addition, if you have to spend a night in a hotel or other expenses, you have the right to claim them.
Steps to claim
File a claim with the airline
If you do not receive a response, file a claim with the competent authority in the country where your flight was cancelled.
If they do not give you a solution, you can initiate an extrajudicial procedure.
If the flights are between EU countries, there is the European Small Claims Procedure where you can also start the process to file a claim.
Finally, if the extrajudicial route does not work, you can go to the Courts and Tribunals .
Cancellation of flights due to Covid-19
Due to the health situation caused by Covid-19, each company is carrying out a policy from offering flight changes to refunding the money paid. However, there is no right to claim compensation.
What happens if the flight is cancelled by the traveller and not by the airline? The consumer must review the cancellation conditions of the ticket or contract. If it is a Low Cost fare, there will be no possibility of recovering the money, unless it is due to a cause that is considered force majeure and the person alleging it is the one who must prove it. Therefore, it is a rather complicated case from a legal point of view.