Airline compensation rates and claim letter template

How to get compensation when you are delayed or bumped from a flight

Make sure you get the compensation you are due from airlines

It would appear that many airlines like to make it difficult for passengers to claim for compensation and redress for delayed or cancelled flights. Then there are the companies which say they can do the work for you but take a hefty commission.

Well, here’s something from me, for free, which should help to get you your due compensation (See the rest of the post for details of what you need to fill in and other related information). 🙂

Template letter for claiming compensation from an airline

(If flight was cancelled replace the “delay” details with cancellation details below).

Dear xxx

Re : Compensation claim for delayed flight booking reference number

I am writing regarding flight flight number on date from departure airport to arrival airport. The scheduled departure time was departure time. However, the flight arrived number hours late at arrival airport.

Under EC Regulation 261/2004 I am claiming compensation for this delayed flight. The passengers in the party were:

full names of everyone on your booking.

My scheduled flight length was number of kilometres, therefore I am seeking (select from €250 / €300 / €400 / €600) per delayed passenger in my party. The total is total compensation sum for all passengers for all passengers.

(If appropriate include the following text) During the delay the passengers in my party were not provided with any refreshments and/or hotel accommodation. Please find attached copies of receipts for the cost of purchasing our own. Please refund in full: bullet point everything you paid for and the costs.

If claiming for both delay and other then add the following:

Please provide me with the total compensation of:

£xxx for EU flight delay (based exchange rate £1.00 = €1.13 on 12 June 2017) and £xxx for out-of-pocket expenses incurred.

Total £xxx

I look forward to a full response to this letter within seven days. If I do not  receive a satisfactory response I will not hesitate in taking the matter further which will include, but not be limited to, informing the regulator and if necessary starting proceedings through the Small Claims Court.

Yours sincerely/faithfully

 (“Sincerely when you know the person’s name and “faithfully” when using Sir or Madam)

EU Compensation rights rates for delayed flights

Compensation for delays is only due on flights in the EU or when using an EU airline arriving two hours or more late. How much you are entitled to depends on how long the delay and how long the flight. It changes again if the flight is cancelled before/after seven days before you are due to depart. It does not reflect the price of the flight and is straight out compensation.

The tables for amounts to which you would be entitled per flight are below:

Denied boarding or “bumped” from a flight compensation rates of payout

Airlines will often ask for “volunteers” to not take the flight in return for compensation and this amount would be agreed with the airline at the time. If you are forced off due to overbooking it is the same compensation as if the flight were cancelled.

Flight cancelled 7-14 days before departure compensation rates

Rates are different for notice given and for when you arrive (even if the flight to which you have been changed is longer but gets you there earlier).


Flight cancelled less than 7 days before departure compensation

Exchange rates correct at July 2017.

Rescheduled flights and your rights

Passengers given less than 14 days’ notice of a replacement flight may be due compensation depending on the timings of the new flight.

Other redress for flight delays and cancellations

Flight cancelled or delayed for several hours – the airline must look after passengers. It must provide food, drinks, and some communications. If passengers are delayed overnight, this also means providing them with a hotel and travel to and from it. (All these must still be provided even if the delay was out of the airline’s control). Keep claims reasonable.

And make sure you avoid calling any 084, 087 or 09 numbers. These are banned for customer services such as this.

Affected by BA debacle May Bank Holiday?

See BA powercut debacle: Airline keeps passengers in the dark about their rights for more information and details of other things that you may be able to claim for such as phoning their helplines!

Luggage problems

See Quick guide to lost luggage – your rights

Holidays and flights your rights

See What to do when your flight is delayed – the full guide

and All you need to know about booking/complaining about holidays/flights for more

 

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

For more templates, advice, information on holidays and most other sectors Get the Book! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS! 

Covering airline delays in the news

BBC Breakfast 5th August 2015 flight delays

Look East interviews Ryanair CCO and Helen Dewdney

BA delays: Airline changes advice over claims for expenses

 

Quick guide to lost, delayed and damaged luggage – your rights

How to claim for lost, damaged or delayed luggage

Luggage is considered lost after 21 days. You must report the fact that your luggage has been lost, delayed or damaged at the airport and keep a copy of the Property Irregularity Report (PIR) which staff of the airline will complete. It is not a legal requirement to have this and some airports may not have them. To make a claim you must then contact the airline in writing:

Lost/stolen/damaged luggage – within 7 days

Delayed bags from receiving the delayed bag –within 21 days

If your luggage is lost or damaged you should be able to claim from the airline. Different airlines have different rules, but as a general rule of thumb, the CAA says airlines often don’t automatically consider themselves liable for consequential losses and so the only way you could enforce a request if the airline initially refuses to do so, is in court. A consequential loss may be missing a connecting flight because you were waiting for your luggage. Airlines will usually deal with these issues on a case by case basis. They should pay out for essentials and you will have to follow the airline’s specific procedures for complaints, noting the time within which you need to complain. You may get more on your travel insurance but this will depend on the cover taken out and of course the excess.

Your rights lost luggage

Make sure you keep receipts of everything you have had to purchase. Take photos, dated if possible, of damaged luggage or contents.  Also send copies of the luggage labels as these have the bar code for scanning. When you write send all your evidence including boarding card, the PIR and flight details.

If the airline accept your claim, they may pay for your baggage to be repaired, or may provide replacement baggage. If your luggage turns up a day or two later the airline has to make arrangements for getting it to you as efficiently as possible. Where luggage doesn’t show up, you should be able to monitor it through the tracing procedure, either by contacting baggage services at the airport, the airline’s central department or by logging into an online baggage-tracing page with a reference number.

How long before baggage is deemed delayed?

Delayed, lost and damaged luggage is covered by the Montreal Convention. However, it does not provide a length of time for when it is considered delayed! So it would need to be tested in court.

How to claim when you think you waited too long for your luggage

I would always advise you to claim for any out of pocket expenses and complain to the airline carrier. (this could be over staying the car parking, hitting the time for the Dartford crossing charge etc.) You could take the matter further through an Alternative Dispute Resolution(ADR) provider if the airline provider doesn’t play ball. There are a few providers but note the concerns around ADR in aviation, in particular AviationADR. Landing in court with Ryanair

In the first instance you would need to claim from the airline. You would claim under the Montreal Convention for cases of lost, damaged or delayed baggage from the air carrier. However,However, legally your contract is with the airline/company to whom you paid the money. Therefore you should claim from the air carrier. The reason I believe that this is becoming more and more of a problem is because in an effort to keep air fares down, airlines are paying the minimum to baggage handling companies so getting a reduced service. Ultimately, you would be looking in court at what would be considered “reasonable”. It is unlikely that someone isn’t going to take an airline to court. Until I am affected, then I will!

Top 20 Tips for Complaining Effectively

Taking the matter further through ADR or the courts

Alternative Dispute Resolution (ADR): What it all means post that explains what it is all about and how you can use it.

Landing in court with Ryanair warning about using AviationADR when dealing with aviation complaints

Ombudsman Omnishambles and More Ombudsman Omnishambles the research reports looking at how some ADR schemes such as the one run by Consumer Dispute Resolution Limited which used to run The Retail Ombudsman and lost the title are being approved and monitored.

Further help

Look out timber frame on a beach "researching, booking and complaining aabout holidays and flights. Tips, ideas and your rights"

 

 

For information about your rights on holidays see All you need to know about booking/complaining about holidays/flights.

 

 

 

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

For more information. advice tips, guidance, laws and templates for complaining effectively see the bestselling GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!