Delay

Legislation

Next we will detail the automatic compensations (that must always be taken care of by the airline) that the Community Regulation 261/2004 foresees. The time period to present the claim under the aforementioned regulation is 5 years.

Without prejudice to your right to them, and since we study each case individually, we will also claim, when it is appropriate, material damages (for example meals, travel costs, hotel nights, car rental, lost vacation days etc …) ) and moral damages (for example: those due to stress and uncertainties, not being able to attend an important event such as a wedding or a job interview … etc.) that you have suffered in your incidence. For example:

On the other hand, if the aforementioned Community Regulation does not apply to you, we will use the International Agreements of Montreal and Warsaw (these do not establish an automatic compensation but are compensations that are due to material and moral damage) and national legislation (Civil Code and consumer protection legislation) in order to achieve your compensation.

Amounts

The amount of the automatic compensation to which you are entitled will depend on the distance of the flight, that is, the number of kilometers between the point of departure and the destination, without taking into account the existence of stopovers on the trip. It is the so-called “orthodromic route” that measures the shortest path between two points on the earth’s surface. There are several websites that allow you to calculate the exact mileage, for example, www.distanciasentre.com.

First of all, we must bear in mind that for a delay to be compensable, it must be of a duration equal to or greater than three hours. One of the ways to check the delay of your flight is by consulting some websites such as www.flightstats.com o flightradar24.com.

The amounts of automatic compensation are as follows.

Whenever the delay is greater than 5 hours, the passenger has the right, in addition to the previous compensation, to choose between the refund of the ticket and a free return flight to the departure point, or driving to the final destination as quickly as possible. If the airline does not reprogram the flight for free or the option it gives you does not suit you, you can buy new tickets and then ask for a refund

On the other hand, the Regulation includes the right to food and refreshments, lodging and transportation expenses.

Necessary documentation

To file your claim, we will need the following documents:

• ID card or passport.
• Ticket / Reservation and Boarding Pass
• Boarding pass of the flight that finally took you to your destination or, if applicable, ticket of the alternative transport method.
• Proof of the incurred expenses.
• Claim presented to the airline (if applicable).
• In the case that you travel with minors we will need a family book, the registration in the Civil Registry or the birth certificate.

I Want to claim for Delay