When am I eligible for compensation?

As a general rule, you are eligible for compensation if your arrival time differs two hours from your scheduled arrival time.

Be aware that several airlines often consider the flight's “touch down” as the official arrival time, which shortens the delay and might mean the difference between compensation and no compensation.

However, this is not the correct arrival time defined by the regulations. The actual time of arrival occurs when the aircraft has landed, the doors are opened, and passengers are allowed to exit the aircraft.

Statute of limitations when seeking compensation for flight cancellations

If you have experienced a flight cancellation within the last three years, you may be entitled to financial compensation for the loss of time you have suffered due to the cancellation. Since the statute of limitations for these types of cases in most European countries is three years, it's prudent to follow up on a cancellation that has happened some time ago. The three-year limitation period also applies to your rights in case of flight delays. In Sweden and Norway, the claim should be submitted to the airline within two months, but if the airline denies compensation, you still have three years to file a court case. The limitation period depends on your arrival and departure airports.

Cancellation of flights due to "extraordinary circumstances"

Passengers are not entitled to compensation under EC 261/2004 if the cause of a flight delay is extraordinary circumstances outside the airline's sphere of control, and the airline has taken all reasonable measures necessary to attempt to correct the issue.

Extraordinary circumstances include the following:

• Labour strike in a country or amongst flight leaders at Air Traffic Control (planned as well as spontaneous)
• Unusual weather conditions (weather that reduced visibility and presents a safety risk)
• Terrorist/military action (an event that constitutes a threat to the general welfare)
• Curfew/flight ban at the airport
• Acute illness or illness of passengers on board

Passengers should be aware that airlines sometimes qualify a reason for the delay as an extraordinary circumstance, although the reason does not qualify as such. This is done as an attempt to avoid the compensation obligation of the airline.

Are you unsure whether an extraordinary circumstance was the reason for the cancellation of your flight? Create a case at Refundmore, and we will evaluate and investigate whether there was an extraordinary circumstance at no cost to you.

What may I expect to be entitled?

If a passenger’s flight is cancelled, the passenger has the choice between a refund of the ticket price (if the flight no longer serves any purpose for the passenger), or a new ticket to the original destination at the earliest opportunity. If the passenger chooses to re-book for departure at a later date, the passenger is entitled to do so as long as there is a seat on the selected flight.

According to EC 261/2004 you are entitled to:

• Care (consisting of food and drink)
• Accommodation
• Transportation between hotel and airport
• Two telephone calls

The airline is required to make the above service/items available free of charge to passengers. If the passenger is not offered meals, accommodation, etc. and incurs extra expenses due to the flight cancellation, the passenger can seek reimbursement for meals, hotel costs etc. from the airline.

The airline is required to cover passengers’ extra expenses, even if the flight is cancelled due to extraordinary circumstances, although the passenger is not entitled to compensation according to EC-Regulation 261/2004.