Delayed flight, when are you entitled to a refund? What should you do to ensure your rights are protected?
Questions that arise frequently during the summer, when holidays (and inconveniences) multiply.
The principles for consumers are contained in European Regulation 261/2004.
First of all, you can request a refund of your flight ticket in case of a long delay, but the conditions depend on the length of the delay and whether you decide to travel anyway or not.
If the delay exceeds 5 hours and you decide not to depart, you are entitled to a full refund of the ticket price for the part of the journey not made.
If you arrive at your destination 3 hours or more late compared to the scheduled time, you may be entitled to financial compensation (between 250 and 600 euros, depending on the length of the flight), unless the delay is due to extraordinary circumstances (bad weather, air traffic control strikes, emergencies not attributable to the airline).
It is essential to have all the necessary documents: airline ticket or booking confirmation, boarding pass (if available) and receipts for any extra expenses incurred (e.g. meals, transportation, hotel) due to the delay. Obviously, the flight details must be available: number, expected and actual times, departure and arrival airport.
The first step is to file a complaint with the company, which must be contacted with a formal complaint. Some provide forms on their websites. Otherwise, it is necessary to use emails, preferably through a certified email, using the EU complaint form available on the Enac website.
It is best to act immediately, even if the deadline for filing a claim is two years (some companies may require you to act within 6 months).
If the delay is 2 hours or more (flights up to 1,500 km) or 3 hours or more (intra-EU flights above 1,500 km or between 1,500 and 3,500 km), the airline must provide assistance such as meals, drinks, communications and, if necessary, overnight accommodation and transport to/from the airport.
Some companies turn a deaf ear and do not respond. The point of reference then becomes Enac, which supervises the application of the Regulation. There is also the possibility of contacting the Transport Regulatory Authority, with its ConciliaWeb platform dedicated to conciliations. There are also legal assistance services (ItaliaRimborso, Flightright, or AirHelp) that manage the practice for free or with commissions only in case of success (e.g. 20-30% of the compensation).
The amount of compensation depends on the length of the flight:
- €250: Flights up to 1,500 km
- €400: Intra-EU flights over 1,500 km or flights between 1,500 and 3,500 km
- €600: Flights over 3,500 km (with a delay of more than 4 hours)
(Unioneonline/E.Fr.)
