A flight is considered disrupted and you can claim for compensation if:
- The flight was delayed and was late to arrive at the destination by more than 3 hours.
- The flight was cancelled less than 14 days before departure.
- The air carrier refused to fly you because there were no available seats on the airplane.
You are entitled to compensation if your flight was disrupted by the airline’s fault and corresponds to the criteria listed in the European Parliament and Council Regulation, (EC) No. 261/2004.
The easiest way to check whether you can receive compensation from the airline is to complete the free application form on our website.
Depending on the distance you were planning to travel, you can expect compensation ranging from 250 to 600 euro.
I’ve already received compensation from the airline in the form of gift certificates, cash and/or ancillary services. Can I file an additional claim?
Yes. Usually the value of compensations proposed by airlines is less than what you are entitled to under Regulation (EC) No. 261/2004. Even if you have already received a gift coupon, discount for travel, or an amount of money proposed by the airline, etc., you still may be entitled to further compensation under Regulation (EC) No. 261/2004, but it can be reduced, depending on the value of the compensation you have already received.
If you accepted any form of compensation from the airline, please notify us as accurately as possible about it, including information about any documents you were asked to sign when accepting the compensation.
Unfortunately, the rules of the directive do not provide a universal timeframe for the filing of claims, and leaves it to each country’s own claim terms. For example, in Germany the claim period is 3 years, in Luxembourg – 10, and in Belgium – only 1 year.
You are not entitled to compensation when a flight is disrupted due to force majeure or for reasons not related to the airline’s operations. Examples include:
- Weather conditions that are not suitable for the flight, natural disasters (e.g. the Ejafjadlojokudlio volcano that erupted in Iceland in 2010)
- Airport operation disruptions
- Acts of terrorism or military actions
- Trade union strikes
- Airplane factory defects
Your financial compensation may be reduced if you agreed to accept other forms of compensation proposed by the airline – e.g. gift coupons or discounts for another flight.
If you have already accepted similar forms of compensation from the airline, it is important that you inform us about it.
The regulation is valid in all EU countries.
In this case, the EU means the 28 EU Member States and Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint Martin (French Antilles), the Azores, Madeira, the Canary Islands, Iceland, Norway, and Switzerland.
Information about Regulation (EC) No. 261/2004 and the rights of passengers:
The rights of air passengers and the obligations of airlines are outlined in EU law by Regulation (EC) No. 261/2004. The document details the rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
Yes, you can expect compensation if the flight departed from any airport within the territory of the EU.
Yes. According to the EU regulation, you can expect compensation, but it is important that you were travelling with EU-registered airlines.
If you flew from an EU country with a stop outside the EU, you can expect compensation if you reached the destination more than 3 hours late.
Yes. Irrespective of the passenger’s nationality, the regulation applies to all passengers who departed from any airport within the EU or arrived to the EU on an airline registered in the European Union.
I bought my ticket not directly from the airline, but through an agent. Can I still file a compensation claim?
Regardless of where and how you purchased your ticket, if you were going to travel/travelled on that flight and have a ticket with your name on it – you can claim a compensation.
In all cases, airlines are regarded as being responsible for the flight disruption and claims are submitted to them.
Someone else bought the flight ticket for me. Who should file a claim in this case, and what is the process?
In all cases, the beneficiary is the person who travelled/was due to travel. Therefore, even though your ticket was paid for e.g. by your employer who sent you away for business purposes, or you received a ticket from your parents as a gift, or won it in a lottery – you are the person who experienced the inconvenience of a disrupted flight, therefore, you must fill in the claim form.
Several people (family members, friends travelling together, etc.) booked tickets together and all the names are on a single booking form. Which person has to fill in the claim?
When completing the form, you can fill in a claim on behalf of each passenger whose ticket was booked along with yours. You will need to enter the data for each passenger, and we will send them the links to your completed claim and to the document that they will have to sign, in order for us to represent their rights.
In addition, each passenger can choose to fill in a claim for himself.
My flight was delayed and I missed my connection. Does the Regulation defend my rights in this case?
If you purchased your tickets in one reservation from the same airline, and paid by one bank transfer (in other words – your connecting flights have the same reference number) – you will be entitled to compensation if you reached your final destination more than 3 hours later than expected.
However, if the tickets were purchased separately, and have different reference numbers from different airlines, it is not treated as a connecting flight and the disruptions of each flight are assessed separately. In this case, you may be entitled to compensation only for the flights that were late for more than three hours.
In this case, you can expect to:
- Recover the full price of the ticket within 7 days from the date of the incident
- Get a ticket on the next plane to your final destination, under similar terms
- Select a later flight under similar conditions.
If you choose to travel on a different route, and you have to wait, the carrier is required to provide you with free meals and drinks, access to two free calls, let you use e-mail or send a free fax. When you have to wait for a flight for one or more nights – you must be granted free accommodation in a hotel, including transport to/from the airport.
The carrier must provide you with free meals and drinks, access to two free calls, let you use e-mail or send a free fax. When you have to wait for a flight for one or more nights – you must be granted free accommodation in a hotel, including transport to/from the airport.
How Skycop works:
Everything – from the submission of your claim to the payout – on average takes about 12 weeks. However, depending on the complexity of the case, the airline, and internal regulations of the country that supplement Regulation (EC) No. 261/2004, the duration may slightly vary.
Of course! If you sought compensation independently, but the airlines rejected it, fill in our claim form and provide all the information you have received from the airline – including the reason why your claim was denied.
If we see that the airline had no reason to reject your claim – we will take all necessary steps to ensure you get compensated. And keep in mind – you only pay the service fee if you receive compensation yourself.
Currently, Skycop does not support lost baggage compensations, but we are planning to include this in our future services.
If the airline refuses to pay compensation for delayed flights, etc, we will review all of your flight-related materials and evaluate the reasons for the flight disruption. Then, we will contact you in person to discuss our next steps, and if necessary, seek legal action.
I completed the claim form and received the answer that my flight compensation claim will not be satisfied. What can I do next?
If you file the claim form in the system and receive a reply that we cannot satisfy the claim, most likely your flight disruption does not correspond to the definitions of Regulation (EC) No. 261/2004 regarding compensation entitlement.
If you think there is a mistake in your claim, we recommend that you contact us by e-mail at [email protected]
Payment of compensation and taxes:
In standard cases, we charge a 25% commission fee on the refund you get from the airline. This fee goes towards our labour costs, the preparation of documents, claim submission, contacting airlines, etc. For example, if you receive 300 EUR from the airline, we will transfer 225 EUR to you and charge 75 EUR for our services.
When appealing to court, the commission fee may be increased to up to 50%. If we need to make such a decision, we will inform you beforehand.
Nothing – we will not charge any fees if it turns out that the customer is not entitled to compensation.
As a standard, the money is transferred to the provided bank account at no cost. However, we are not responsible and shall not cover any charges or administration fees imposed by your bank.
The funds will be transferred in your preferred currency to the bank account provided. If you wish to receive compensation in a currency other than the euro, a currency conversion fee may be applied.
In completing the claim form, you will have to sign the consent form electronically. In subsequent steps, we may ask for a copy of your ID document.
Yes. The most important details to know are your flight number, the flight reservation number, departure/arrival airports, and the exact date of the flight. These details are usually provided in the confirmation e-mail sent by the airline.
However, even if the airlines have all the information about passengers, they are reluctant to approve these details and may require a document confirming you were indeed the person to travel – the ticket, boarding card, or a copy of an electronic ticket.
It is a unique combination of 6 symbols – letters and numbers – which you can find on your e-ticket or a document confirming the flight booking.
If you no longer have the ticket, you are advised to thoroughly check your inbox, including the junk folder, for e-mails which may contain ticket payment confirmation, reminders about the date of travel, etc – often, these letters also contain the booking number.
If the airline deliberately rejects the request for claim compensation and we have to go to court, we will need your signed consent to represent your rights.
Each individual case is always a little different, therefore, if we need any additional documents to represent your interests, we will notify you in person.
What is the consent for representation, what information does it contain, and why do I have to sign it?
By signing the document, you give your authorization for us to represent your interests against the airline, and, if necessary, to defend your case in court. Without the signed form, we will have no legal basis to submit your claim to the airline, and they can reject it without even considering it.
The main provisions laid down in the consent are as follows:
- You provide us with authorisation to defend your right to compensation under Regulation (EC) No. 261/2004.
- You provide us with authorisation to represent you in court if it is necessary to defend your rights under Regulation (EC) No. 261/2004.
- You agree to provide true and complete information about yourself and the disrupted flight.
- You agree to pay a fixed commission fee for our services, but only in case of successful recovery of compensation.
- We are committed to doing everything we can to retrieve your compensation.
- Both parties agree to act in good faith, and to comply with the laws and assume all related responsibilities
Other questions about compensation:
I had to purchase a ticket from another airline to reach my destination. Can I claim compensation for additional costs?
Any additional expenses, based on the sales receipts – hotels, meals, or tickets that are required to reach your destination as soon as possible, must be immediately paid for by the airline.
Usually, passengers have no problems regarding these costs, but it is more difficult to agree on moral compensation (inconvenience) in accordance with Regulation (EC) No. 261/2004. For this reason, our experts focus on assistance in getting those particular benefits concerning compensation for delayed flights, cancellations, and overbookings.
If a passenger has agreed to choose another flight instead of the cancelled flight, the airlines can reduce the amount of compensation by up to 50%, but only if the difference between the time when the passenger had to reach his destination, and when he actually reached it, is less than 3 hours.
I filed a claim and was contacted by the airline offering to settle the compensation. Should I accept it?
Often, upon noticing that the recovery process is initiated in the name of the passenger, the airline contacts them directly and offers to close the case by paying a set amount of money.
The amount offered by the airline could be significantly lower than what you are entitled to, therefore we recommend that you not accept the offer immediately, but contact a Skycop consultant first.