You think you are entitled to flight compensation.
Or you are sure about that. But the airline is refusing your claim.
It’s very frustrating and discouraging, especially when you are trying to claim flight compensation yourself, and when you aren’t 100% sure whether you are entitled to compensation or not. What can you do in a situation when your compensation claim is refused? Is it even worth the trouble? It totally is worth it. At least hand it over to flight compensation company. They will manage the process on your behalf. But it isn’t the only option.
You can also keep fighting for your rights yourself.
Your Flight Compensation Claim Is Denied. Now What?
There are several ways to get a compensation from an airline.
But first, make sure to review the law and revisit your rights.
1. Working With Flight Compensation Companies
Find a trustworthy flight compensation company, and submit your claim.
That’s by far the easiest of the options you have.
All you have to do is to fill in an online form, provide a digital copy of your boarding pass and passport, and sign the claim. In most cases, you don’t have to worry about anything else, as the company you work with takes care of the rest. You don’t need to communicate with the airline, nor do anything else. If there are any additional questions, the compensation company will contact you.
The only drawback is the fees. Most flight compensation companies charge around 25-35% of the flight compensation you are getting from the airline.
Our partners offer such a service.
When choosing this option, here is all you will have to do:
And that’s it — the rest is handled by professionals.
* Your boarding pass and passport or ID copy.
Read more: Why Seek Legal Representation to Claim UK Flight Compensation?
If you work with a flight compensation company, often there are no upfront fees, and you pay nothing if it turns out that you aren’t eligible to compensation. If the company is successful, however, you’ll be charged a fee. Usually it’s a percentage of the received flight compensation. The rest is transferred to your bank account. Double-check the fees and rules before making a claim.
It takes around 2-3 months until you receive compensation.
2. Contacting the NEB of the Country Your Flight Is From
This is the second best option that you have.
Contacting the National Enforcement Body (NEB) is the next step after you have tried contacting the airline and received a refusal or no answer at all. Assistance from the NEB is free. There’s such an institution in every member state of the EU, and in the UK these complaints are handled by the Civil Aviation Authority (CAA). However, since it’s a free service it can be very time consuming.
And it’s not as easy as working with a flight compensation company. The biggest drawback being that a positive answer to your request doesn’t guarantee compensation payment. You still have to contact the airline at the end, to request the payment. They may still deny it.
Usually it takes at least 2 months for the NEB to process your request.
After this you still have to request the payment.
The National Enforcement Bodies assist passengers in the event of denied boarding, flight delay or cancellation, as well as enforce the regulation Regulation (EC) 261/2004 and make sure passengers are treated according to these rules. The same regulation has been written into UK law after the Brexit, and is enforced by the Civil Aviation Authority.
3. Taking the Case to Court
The final step is to take the case to court.
For the best result, we would highly advise you to wait for a positive answer from the National Enforcement Body first. Having a positive ruling will help you greatly in the case against your airline. This step may also eliminate need for court action altogether.
Taking your case to court is the most complex step, but it is also very efficient. Before taking your case to court, make sure your claim is valid. Review your rights and prepare your argument. Only then you can be sure that it’s worth taking the to court. If you have a verdict from the NEB saying that you are eligible to a compensation, make sure to attach it to your court documents.
Taking your complaint to court will cost you both time and money.
Extraordinary Circumstances
Very often airlines give only very general answers.
They in particular like to use the term extraordinary circumstances whenever there are any problems with their flights. Because, according to the law, these kind of circumstances are considered something that’s out of their control, and accordingly they don’t have to pay any compensation in these situations.
Airlines know that most passengers aren’t fully informed about their rights, and they use it in their favour. Next time, when you see that your flight is cancelled or delayed due to extraordinary circumstances, be cautious and try to find out the real reason. You have a right to ask for a detailed explanation, one which you can hand over to experts for double-checking.
According to the Regulation UK261, airlines are not required to pay out flight compensation when the disruption is caused by extraordinary circumstances, such as extreme weather, political and civil unrest, security issues and hidden manufacturing defects. Note that only hidden manufacturing defects are considered extraordinary circumstances. Whereas most technical problems are considered the airline’s responsibility, not extraordinary circumstances.
Also, bad weather isn’t always considered an extraordinary circumstance. In some cases, the weather is absolutely predictable. Here’s a good example — snow during the winter months (unless the snow is not common there). In such cases, the airline is expected to take the appropriate measures to operate the flight on time.
Make sure to double-check what you are told.
Share your experience in the comments!
Featured photo by SHVETS production from Pexels