Some European passengers have already heard about how to claim compensation from the airline for flight delay. Did you know that you can claim compensation not only for flight delay or cancellation, but also for lost or damaged baggage?
In our article, we’ll tell you about our latest successful case. We give you the hints what to look out for if you want compensation for flight delays or lost luggage.
Compensation for for flight delay caused by missed connection – the case
In summer 2022, a group of businessmen wanted to travel to Boston on a German airline flight.
The flight departed from Budapest to Frankfurt, but due to a significant delay, our customers missed their connection to Boston. They spent two nights in airline-provided hotels near Frankfurt airport without their luggage. They had to buy clothes and essential items for themselfs.
The airline’s new flight took them to Boston two days later, but the damage was done: most of the group’s luggage did not arrive at its destination in Boston on time. Some of the luggage that arrived days later was delivered to our customers damaged. Thus, our clients were forced to buy clothes, shoes and accessories.
Few people know that you can claim compensation from airlines not only for flight cancellations, but also for your luggage. Under the Montreal Convention, if your checked baggage is damaged, delayed or lost, you can get compensation for it, as set out in the legislation.
The process of a claim against an airline
Our law firm has contacted the airline and identified our clients’ claims for compensation. We have, however, received a negative response, in whole or in part. In view of this, we represented our clients in several parallel European Payment Order proceedings against the airline.
In the case of one of our clients the airline did not object to the European Payment Order. Therefore, it became final. However, the case did not end there: our client still not received the compensation he was entitled to from the airline. As the airline is based in Germany, we were unable to apply to a Hungarian bailiff, who is not allowed to act in Germany.
We then filed an enforcement request under German procedural law with the competent German bailiff in the country where the airline was based, thanks to our extensive network of international law partners.
The case was successful, and our client received the compensation of one thousand five hundred euros he was entitled to.
Airline compensation – handout
“Can I claim compensation if I miss my connection due to a flight delay?”
Under Regulation (EC) No 261/2004, passengers are entitled to compensation if their flight is cancelled or delayed.
The compensation is calculated for the whole journey, the distance being determined on the basis of the last destination at which the flight is delayed in relation to the scheduled time due to denied boarding or cancellation. In the above case, this is the journey from Budapest to Boston.
“Can we claim compensation for flight delay from any airline?”
It is important that the flight shall start from the European Union, but the destination can be a third country. Under Regulation (EC) No. 261/2004, passengers departing from an airport in a third country to an airport in a Member State are also protected if the flight is operated by a EU carrier.
“Is legal representation mandatory in airline-related legal matters?”
No, you need to fill in a form to start the process. However, as our example above shows, if the airline is based abroad, this can complicate matters considerably. It is therefore advisable to use a law firm with experience in this area, which knows exactly what to do in such cases. E.g. what the European Payment Order should contain or how to properly prepare a statement of claim and how to bring the case before the court.
Has your flight been cancelled? Lost your luggage? Contact us with confidence!
Another case is still pending, and we will keep our readers informed.