Travel Laws with LawPadi….How to Claim Compensation for an International Airline Flight Delay

Hello Globe Jaunters,

It has been a hot minute (I mean long time).

It was quite busy month for us at the GJN HQ – we visited Gurara Falls in Niger state, Minna. You can read all about it My trip to Gurara Falls, Niger State by Chay Chay.

We have also been catching up on Big Brother Nigeria and its been nerve racking because we can smell some foul play going on…side eye..

Back to the business of the week. We are tackling a very serious issue that has been plaguing the heart of man from time immemorial – Delayed or cancelled International Flights.

Our previous article shed some light on what to do when there is a domestic flight delay or cancellation, Read about it HERE –Travel Laws with LawPadi… Compensation for delayed Domestic Flights !!.

Let us not forget our partners, LawPadi who gives us all this information.

Lawpadi is an online legal platform that exposes you to legal information – FOR FREE!! You can get a lawyer, ask questions, get cool templates for your businesses and also get concrete information on what your rights are both home and abroad. Lawpadi is run by actual lawyers, more information can be found HERE.

delayed flight

This post will explain the grounds for making a claim for compensation if you have experienced a flight delay on an International flight. We will discuss the process for making a claim, and have also included a link to a free template you can download and use to process a claim if you have had a flight delayed (or you know someone who has).

WHAT ARE THE FLIGHT DELAY RULES?

  • The flight you have been delayed on must be a European Union (EU)-regulated flight i.e. one where the flight departed from an EU airport, regardless of the airline OR where an airline landed at an EU airport (this would cover all flights from Nigeria to the UK, France, Germany etc.)
  • You can only claim for compensation for flights over the last 6 years (Please don’t dig up flight delays from when you were young, we understand you are just hearing about this)
  • You are only entitled to the compensation if the delay was something within the airline’s control. However, you can’t claim if the delay was caused by terrorist activity, bad weather, industrial strike, and some other exceptions.
  • It will only be considered a DELAY when the flight ARRIVES at the destination over 3 HOURS later than it was due to arrive (Don’t forget to set your alarm)
  • The amount of compensation you’ll get depends on the flight delay and distance. A flight from/to Nigeria would get you compensation between €400 – €600 (See moneeeeyyyy!!)

 

THE PROCESS FOR CLAIMING AFTER A FLIGHT DELAY

  1. Complain to the airline – Different airlines have different procedures for claiming. Some accept complaints via email, and you need to send a “written claims letter” to others. Check what method your airline wants you to use. Just remember to explain what went wrong and state what you want in terms of compensation and/or reimbursement. Remember to say you want compensation under: EC regulation 261/2004
  1. If your claim for compensation is rejected by the airline, you may either choose to accept the rejection, or make a further complaint to regulator in the arrival EU country, or the European Consumer Centre (ECC).
  1. When complaining to the ECC, you will need to include; the details of your initial complaint letter, the rejection letter received from the airline, and a cover letter to asking them to review the rejection by the airline.
  1. Unfortunately, the regulators or the ECC do not have the same powers to force airlines to pay out for compensation. So even if they agreed that you should get compensation, you might get the airline refuse to accept liability. If this happens, then you will have to take the case to court.
  1. You may engage a lawyer and decide to take the matter to court. Please note that at any step in the above process, you may decide to go to court.

You can find out more about the legislation governing delayed flights in the European Union here, and you can use this free template to make a claim for compensation if you have had your flight delayed in the last 6 years. To use the template, all you need to complete the form and you will get an email with the template attached.

Thank you reading this post. If you have further questions, please drop it in the comment box below.

Don’t forget to subscribe to this blog to receive updates on what we are/have been up to before anyone else.

We are exploring Obudu Cattle Ranch this Easter, If you are interested, please email us on globejauntersnigeria@gmail.com or call 08099977200 for more details.

 

Till next time,

XoXo

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