What exactly is late aircraft delay compensation?
Flight delays are a common occurrence, resulting from various factors. One such delay that passengers might encounter is known as a late aircraft delay, or sometimes referred to as a late arrival delay. This happens when the incoming aircraft assigned to operate a flight arrives behind schedule, causing a subsequent delay for the outbound flight. You might have experienced this yourself, waiting for a plane to arrive. The good news is that, in certain situations, you may be entitled to flight delay compensation if your plane is late.
In this article, we will delve deeper into the concept of late aircraft delay.
1. What Is a Late Aircraft Delay?
A late aircraft delay refers to the situation where a flight is postponed due to the late arrival of the aircraft assigned to operate that specific flight. In simple terms, your flight is delayed because the previous flight was delayed. This type of delay is also known as a “late arrival delay.”
When a flight experiences a late aircraft delay, it can trigger a chain reaction of delays and cancellations for subsequent flights scheduled to utilise the same aircraft.
For instance, if a plane scheduled to depart at 9:00 AM is delayed by an hour due to a late aircraft, it may not be able to take off until 10:00 AM. Consequently, the subsequent flights that were supposed to utilise that same aircraft may also encounter delays or cancellations, causing inconvenience for passengers and potentially leading to financial losses for the airline.
What are the reasons for aircraft delays? What causes flight delays in general?
There are countless possibilities that can lead to flight delays. These can be attributed to various factors, including adverse weather conditions, technical problems with the airplane, runway congestion, strikes, air traffic control issues, and crew availability.
2. Late Aircraft Delay Compensation
Late aircraft delay compensation is subject to simple rules.
In the UK and EU, all flight delays are treated equally; if it is due to extraordinary circumstances, compensation is not applicable.
However, if the delay is the airline’s fault, passengers can claim compensation. The EU Regulation 261/2004 and the Regulation UK 261 outlines the rights of air passengers in the case of flight disruptions in the EU and the UK.
Certain requirements must be met for eligibility to compensation:
- Flight must be delayed for 3 or more hours;
- Flight delay must be due to the fault of the airline;
- Flight must be departing from Europe, or arriving in Europe. If the airline you are flying with is from Europe, the European regulations apply to all flights departing from and arriving in Europe (and within Europe). If it’s a non-European airline (i.e., an airline based outside of the UK or the EU), these rules apply only to flights departing from Europe.
If your flight meets these requirements, you are eligible for compensation under either EU Regulation 261/2004 or Regulation UK261. The amount of compensation varies based on the flight distance.
Here is a breakdown of the compensation amounts:
- £220 – If the distance of your flight is 1,500 km or less
- £350 – If the distance of your flight is 1,500 km – 3,500 km
- £520 – If the distance of your flight is greater than 3,500 km
Are you planning on claiming for delayed flight? We can help you.
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3. Delay Must Be Due to the Airline’s Fault
To get late aircraft delay compensation, flight delay must be caused by the airline’s negligence. But what does that mean exactly? It means that the airline is responsible for the delay, as it was caused by something within their control. This is an important factor when it comes to UK flight compensation and air passenger rights, as these delays are considered avoidable.
Examples of such avoidable situations include technical issues with the aircraft, problems with crew scheduling or availability, staff strikes, a lack of available aircraft, or any other factor that can be attributed to the carrier. If your flight is affected by this type of delay, you may be entitled to compensation under the UK flight compensation regulations, as long as the other requirements are met.
4. The Right to Care: Air Passenger Protection in the UK
In the UK, all air passengers are guaranteed comprehensive protection.
Regardless of the reason for a flight delay, whether it’s due to inclement weather or circumstances outside the airline’s control, passengers are entitled to certain complimentary services. This entitlement applies if the delay lasts for 3 or more hours.
If you find yourself stranded at the airport, here is what the airline must provide you with:
- free meals and drinks in a reasonable relation to the waiting time,
- free hotel accommodation if a stay of one or more nights is necessary,
- two free phone calls, e-mails or faxes.
Read more: You Have a Right to Care
5. What if Your Flight Gets Cancelled Due to Late Arriving Aircraft?
What happens if your flight is canceled due to a delayed aircraft arrival?
In such cases, you have the right to either a new flight to your destination or a full refund to your bank account. Additionally, the airline is obligated to provide you with necessary care (free food, phone calls and accommodation).
If the flight is cancelled due to the airline’s fault, you are entitled to compensation for flight cancellation under UK regulations.
Read more: UK Flight Cancellation Compensation
Do you have more questions about late aircraft delay compensation or other types of flight compensation? Ask in the comments.