Entitlement to compensation in case of flight delay?
August 27, 2023 | 40,00 EUR | answered by Fred Kock
Dear Travel Law Team,
I am reaching out to you with a question regarding a flight delay. Last week, I had booked a flight from Berlin to Mallorca, which was delayed by more than four hours due to technical issues with the aircraft. As a result, I missed my connecting flight and had to book an additional overnight stay at the airport as well as a new flight for the next day.
Therefore, my question is: Do I have a claim for compensation in this case? I am unsure, as I have heard of a similar case where the airline refused to pay compensation. I am worried that I might be left with the additional costs and would like to know if I have a legal right to compensation.
Could you please provide me with possible solutions or steps I can take to claim my right to compensation? I would be very grateful for your help and support in this matter.
Thank you in advance.
Kind regards,
Katja Lippert
Dear Mrs. Lippert,
Thank you for your inquiry regarding a flight delay and your potential entitlement to compensation. I am sorry to hear that you had to endure a delay of more than four hours due to technical issues with the aircraft, causing you to miss your connecting flight. It is understandable that you are concerned about being left with additional costs, so it is important to know your rights in this situation.
According to EU Regulation 261/2004, passengers are generally entitled to compensation in such cases. The amount of compensation depends on the length of the delay at the final destination and the distance of the flight. For a delay of more than four hours and a flight distance of over 3,500 km, you are entitled to compensation of up to 600 euros per person. Since your flight from Berlin to Mallorca covers a distance of over 3,500 km and the delay was more than four hours, you would generally be entitled to compensation in your case.
It is important to note that the airline is responsible for reimbursing you for any incurred costs, including the additional overnight stay at the airport and the new flight tickets. Therefore, you can request reimbursement from the airline and at the same time claim compensation for the flight delay. If the airline refuses to pay the compensation, you can take legal action to enforce your rights. In this case, I recommend seeking the assistance of a travel law attorney who can support you in this process.
Overall, you have a good chance of receiving compensation for the flight delay and getting reimbursed for the costs incurred. I recommend contacting the airline promptly to assert your claim. If you have any further questions or need assistance, I am at your disposal.
Sincerely,
Fred Kock
Travel Law Attorney
