• What are flight delay claims?
  • Can I make a claim?
  • What does it cost?
  • Claims process
  • What are flight delay claims?

    If you have experienced a long flight delay, denied boarding or cancellation then you may be eligible to make a flight compensation claim against the airline that you were travelling with. Under European Regulation EU261/2004passengers are entitled to claim up to €600 (approx £450) per person for the inconvenience and loss of time suffered. This law applies to flights departing an EU member state or landing in an EU member state on-board an EU airline.

  • What is EU Reg 261/2004?

    EU Regulation 261/2004 is the name of the law which deals with compensation for delayed flights, denied boarding, downgrading and flight cancellations. The regulation is intended to enhance and enforce passengers’ rights and to compensate them for the loss of their time and the inconvenience caused by long flight delays.

  • How do I know if I can make a claim?

    Whether you can claim flight compensation, and the amount you can claim, depends on a number of factors including:

    • Are you departing from an EU country?
    • Are you arriving in an EU country?
    • How long was your delay?
    • How far were you flying?
    • What caused your delay?
    • What airline did you fly with?
    • How long ago was your flight?
  • How far back can I claim?

    Air passengers in England and Wales have up to six years from the date of the flight to make a flight compensation claim. It is important to note that the clock does not stop ticking on your claim until you have issued court proceedings; simply lodging your complaint with the airline is not enough. If your claim is nearly six-years old we recommend you start legal proceedings to ensure your claim does not expire before you reach a settlement with the airline.

    Some airlines are currently arguing that under their Terms and Conditions, their passengers only have two years to make a flight compensation claim. Here at Flight Delays EU we strongly oppose this argument and we have several cases on-going which will hopefully bring clarity to this issue.

  • What airlines can I claim against?

    Whether or not you can claim flight compensation depends on the countries that you take off and land in and, to a lesser extent, the airline. You can claim if you are departing an EU country or when you are landing in an EU country on-board an EU airline.

    All flights taking off from the UK are covered regardless of the airline you are using. Likewise if you are flying from a destination within the EU (Spain, France, Italy etc.) you are covered on ANY airline. So whether you’re flying back to England from Spain or leaving Amsterdam on a connecting flight to go further afield, you will be covered by European flight compensation laws.

    If you are arriving back in the EU from a country outside of the EU, you can only claim if you have been flying on-board an EU airline. If you are travelling between two non-EU countries then you cannot claim under EU261.

    There are a small number of flights which are covered by the regulation but that, unfortunately, Flight Delays EU cannot assist with: If the airline does not have an UK Legal Personality (i.e. they do not have a UK address where we can serve court proceedings) then we will not be able to take on your claim, even if we believe you have a valid case under the terms of the regulation. An example of such an airline would be Balkan Airlines.

  • Can I claim on behalf of my family who also suffered the delay?

    You can act as the lead contact and handle the claim on behalf of other family members who also suffered the delay but each individual passenger must sign our terms and conditions. This means the money is theirs to do with as they please, regardless of who paid for their ticket. Whilst you can handle the claim on behalf of other family members, we pay compensation to individual passengers unless we have written authority from them to do otherwise.

  • Can I claim on behalf of the other members of my travelling party?

    The regulations are designed to compensate a passenger for their lost time and compensation is paid to the individual who suffered the delay. The vast majority of our claims are for groups of two or more people and we correspond with the designated lead contact. However each individual client on the claim must sign our Terms & Conditions. We pay compensation to individual passengers, unless we have written authority from the client to do otherwise.

  • Can I claim on behalf of a child?

    Children have the same right to flight delay compensation as adults: All passengers are eligible to claim the same amount of money under EU261/2004 regardless of their age. The only caveat is that the child must have paid something for their ticket (i.e. they were not travelling free of charge). Even if your child paid a reduced fare and/or they didn’t have their own seat, you can still claim flight delay compensation on the child’s behalf.

    Claimants who are under 18 will have to appoint a litigation friend, who is a responsible adult that agrees to handle the claim on the child’s behalf.

  • Can I claim if I didn’t buy the ticket myself?

    Yes, EU261/2004 is designed to compensate passengers for the loss of time and inconvenience of a flight delay as opposed to reimbursing them for the cost of their ticket. Therefore, as long as you were travelling on a paid-for ticket (i.e. somebody paid for your ticket and you weren’t flying for free) you are still entitled to compensation. It is important to note that it is the person travelling that is entitled to claim, and not the person who paid for the ticket.

  • The airline has offered me compensation, but it’s not enough, what should I do?

    EU261/2004 sets out fixed sums of compensation. The amount you are entitled is non-negotiable and ranges between €250 and €600 according to the length of your delay and flight distance. If the airline makes you an offer for less compensation that the regulation states you are entitled to you do not have to accept this.

  • The airline has offered me vouchers as compensation, what should I do?

    Article 7.3 of EU Regulation 261/2004 says that compensation for cancelled or delayed flights should be paid in cash, electronic bank transfer, bank order, or cheque unless the passenger signs to agree to accept travel vouchers and/or other services in place of monetary compensation.

    If the passenger signs an agreement to say they are happy to accept vouchers in place of money then the airline no longer has to pay out the monetary compensation outlined in EU261/2004. If you have not signed such an agreement then you are well within your rights to insist on cash compensation and not just vouchers.

  • What does No Win No Fee actually mean?

    It’s simple. When you choose to hand your flight compensation claim to Flight Delays EU there’s nothing to pay up-front. In the unlikely event that we handle your case and your claim is unsuccessful, we won’t charge you a penny. When your claim is successful, we take our fees from the amount that you are awarded so you never have to deal with surprise legal bills or any hidden costs.

  • What does it cost me to claim with Flight Delays EU?

    Our outstanding success rate at winning flight delay claims which means you can rest assured that you’re in capable hands. When we do successfully settle your case we retain 25% of the total compensation amount plus a £25 per passenger administration fee. This is deducted directly from your settlement which means you never need to worry about having a hefty legal bill to pay at the end of your case.

    Regulation EU 261/2004 deals solely with compensation for long flight delays, cancellations and denied boarding. You cannot claim for any other form of damages under this particular law and therefore Flight Delays EU do not handle claims for any other costs associated with flight delays such as parking tickets, taxis, food etc.

    Flight Delays parent company do however have a specialist holiday sickness and travel claims department. If you have experienced food poisoning at all inclusive resort or perhaps had a trip or fall whilst boarding an aircraft then you could be entitled to compensation.

  • What information do I need to give you to start my claim?

    It helps us to start your claim as quickly as possible if you can provide us with at least some of the following:

    • Your flight number
    • The date you were scheduled to fly
    • The name of the airline
    • The airports you were flying from and to
    • A booking reference or e-ticket

    Once we’ve accepted your claim we’ll need your full name and the names of any other passengers that you were travelling with who also wish to make a claim. We’ll also need your contact details including your email address so we can correspond with you throughout the claims process.

  • I can’t find my flight number, can I still claim?

    Yes. We have a huge database with the details of thousands of flights on record, so even if you can’t find your flight number, we can trace it for you. You do need your flight number to be able to use our flight checker to find out if you can make a claim, but if you can’t find it you can give the Client First Response Team a call on 01625 415 850.

    Any information, such as the name of the airline, the time and date of the flight or the airports you were flying from and to, will help a friendly member of the team to locate the flight number for you and let you know whether you can make a claim.

  • I can’t find my booking reference, can I still claim?

    Yes. We can still pursue the claim on your behalf without your booking reference. Any other information that you might have, such as your flight number, the airline, the date of the flight and the airports you were flying from and to will help us establish whether or not you are entitled to make a claim.

    We don’t need to know the price of your ticket from your booking reference because it has no effect on how much compensation you are entitled to. Ideally we do need an old boarding pass or email confirmation to prove you were on the flight but in some cases there are additional steps that we can take to provide evidence to show you were on the flight, should the court require it.

  • What happens after I instruct you to claim on my behalf?

    Our first step will be to write a letter to the airline, telling them that if they don’t respond to your claim within 30 days, we will take them to court. In some circumstances the airline will agree to pay compensation at this early stage, but very often they will delay the process by arguing that your claim is not valid or ignoring your claim entirely.

    If this happens, we’ll represent you in court against the airline. We’ll pay all of the court fees and the expert reports to combat any “technical defect” and “weather” arguments.

    If we do take the airline to court it’s at no extra cost to you. We won’t charge you any more than we would have if your claim had been settled immediately. There’s no financial risk to you whatsoever as we work on a no-win no-fee basis.

  • What do I have to do during the claim process?

    Very little; we’ll handle your claim for you so you don’t have to concern yourself with the complicated legal process. When we first accept your claim we’ll request all the information we need and a signed copy of our Terms & Conditions instructing us to start work on your behalf.

    We’ll handle everything from there; all you’ll have to do is provide us with your bank details when we notify you that your claim has been settled so we can pay the compensation directly into your account.

  • Do I have to inform the airline that you are representing me?

    No. Once we’ve accepted your claim we’ll write a letter to the airline notifying them that you’ve instructed us to work on your behalf. If you’ve already sent a letter to the airline yourself and you’re not happy with their response, you don’t need to reply; we’ll let them know that you have put your claim in our hands. If the airline subsequently tries to contact you directly after you have instructed us please let us know straight away.

  • Will I have to fill out lots of paperwork?

    Our flight delay claims process is completely paperless, so you can provide all the information we need by email. We use eSign, allowing you to sign and fill out any documents online without ever having to put pen to paper. Our online claims process means we can handle your claim faster in a way that’s as simple and hassle-free for you as possible. It’s also much easier on the environment than traditional paperwork.

  • Will I have to come to your offices?

    You’ll never have to come to our offices at any point during the claims process. We can get all the information we need from you by telephone and email, and will keep you updated on any developments in your case online. Communicating with our clients entirely by telephone and email means that we can handle claims from all over the world!

  • Will I have to go to court?

    You shouldn’t have to appear in court, even if we have to take your case to the Supreme Court. Whether or not your case goes to court depends on the response we get from the airlines. It could be that the airlines agree to pay as soon as we send them our initial letter, or it could be that we have to take your case all the way to the Court of Appeal. However far we have to go to recover your compensation, our fees remain the same and we will carry on working for you on a no-win no-fee basis.

  • How will you update me on my claim?

    We’ll keep you updated by automated email whenever there has been a significant development in your case. Depending on how the airline deals with your claim, this could mean that we don’t contact you for weeks or even months at a time. If we haven’t sent you an update then that means that your case is between one of the main stages in the claim process.

  • Are there any cancellation fees if I change my mind?

    If you want to cancel your flight delay claim, whether or not you have to pay any fees will depend on what stage you cancel the claim and your reasons for doing so. If you want to cancel your claim because the airline has paid you directly, you will still be required to pay our agreed fees of 25% of the total compensation amount plus a £25 per passenger administration fee. If we have issued court proceedings on your case and you wish to cancel you may be liable for any court fees and fixed costs we have paid on your behalf.