Lazarski Aviation Academy
Compensation for a delayed flight - passenger rights
Air travel is the safest form of transportation, but it does not always go according to the plan. Delays and cancellations are a reality that all passengers must be prepared for. Causes can include adverse weather conditions, technical failures, or crew work hour regulations. Another significant factor contributing to delays is air traffic control, where limited capacity and shortages of ATC personnel often result in extended takeoff time and landing delays.
For a flight delay to be eligible for compensation, the delay must be at least three hours. How is this calculated? The key is a comparison of the scheduled arrival time with the actual time the aircraft doors are opened after landing. This moment – not the moment when the wheels touch the runway – is considered the official end of the flight. If the difference between these times is more than three hours, passengers are entitled to compensation. The Court of Justice of the European Union (CJEU) has clarified the interpretation of the end of a journey, ruling that a flight is considered completed when passengers are allowed to disembark from the aircraft. (Case number: C-452/13).
Compensation for a delayed flight is also applicable if the flight departs at least one hour earlier than the scheduled departure time. On the other hand, if the delay in arriving at the final destination is at least five hours, passengers have the right to cancel their trip and receive a full refund of the cost of their ticket. Passengers are to be paid compensation unless the cancellation is due to extraordinary circumstances or the airline has informed them of the cancellation at least two weeks before the scheduled departure.
Passenger rights are defined in EU Regulation No. 261/2004 of the European Parliament and of the Council of February 11, 2004. Under its provisions, passengers have the right to choose between a full refund of their ticket or alternative travel arrangements in the event of flight cancellation. They are also allowed to receive assistance, which includes meals, refreshments, hotel accommodations (if necessary), and transportation between the airport and the hotel.
It is important to note that compensation for a delayed flight is available to passengers on charter flights under the same conditions as for scheduled flights
How to get compensation?
It is essential for the compensation process to have proper documentation of the claim, so it is advisable to keep all flight-related documents, especially the ticket and any correspondence with the airline or travel agent. Some passengers go a step further and take photos of airport information boards showing delays or cancellations. Such evidence can be also helpful in the claims process.
According to the ruling of the Court of Justice of the European Union (CJEU) in case C-756/18, a boarding pass is not mandatory to claim compensation. It states that passengers whose flight is delayed by at least three hours on arrival and who have a confirmed reservation on that flight may not be refused compensation simply because they did not prove their presence at check-in, in particular by presenting a boarding card, unless it is proved that they were not actually transported on the delayed flight.
According to Polish regulations, passengers are entitled to file a claim within one year from the date of having completed the flight. Once the claim is filed, the airline must respond within 30 working days. If the airline denies the claim, fails to respond on time, or provides an unsatisfactory response, passengers may seek assistance from the Ombudsman for Passenger Rights at the Civil Aviation Authority.
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