How do I get compensation for a delayed flight?
I am in dispute with Easyjet about a delayed flight, but we have reached an impasse.
My flight was delayed taking off from Gatwick. According to the website flightaware.com it landed at its destination (Malaga) exactly 3 hours and 9 minutes late (here is the link to flightaware's specific flight details in case anyone is interested: http://uk.flightaware.com/live/flight/EZY8611/history/20160327/1605Z/EGKK/LEMG).
As I understand it, this means I am entitled to claim under European Union regulation 261/2004, whereby delays of over 3 hours are eligible for compensation.
However I have received an email from Easyjet customer service today telling me that the flight was only delayed by 2 hours and 59 minutes.
What should I do next? Any suggestions gratefully received.
Best Answer
I recently came across a site that supposedly automates this whole process ( https://www.getairhelp.com/en ). The article at http://henrikzillmer.com/justice-as-a-service implies that they gather data in an automated way from public data sources about the flight, so it's very hard to argue with it, and they send legally-correct notices to the airline. You may have some luck going with them, but I've never used the site so I have no idea how good it is.
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How do you get compensated for a delayed flight?
U.S. Domestic and International Flights First, start with the airline agents at the airport. The airline agents should help provide you with your rights and the process to file for compensation. Next, reach out to the airline's social media team to explain your situation.Do airlines have to compensate for delayed flights?
In the United States, airlines are not required to compensate passengers when flights are delayed or cancelled. Compensation is required by U.S. law only when certain passengers are \u201cbumped\u201d from a flight that is oversold.HOW TO CLAIM COMPENSATION FOR FLIGHT DELAYS| AIRHELP
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Answer 2
How do you get compensation for this specific delayed flight? You don't because you're not eligible, and Easyjet is correct.
Looking at your link, the scheduled landing was 2035, with the actual landing 2354, a delay of 3 hours and 19 minutes. BUT the scheduled gate arrival was 2055, with the actual gate arrival of 2354: a delay of 2 hours and 59 minutes.
As per the Civil Aviation Authority's webpage:
The delay length is calculated using the time the flight arrives at its destination (this is based on the time at which at least one door of the aircraft is opened) — not the departure time.
emphasis mine
Aircraft door opening sounds to me the same as gate arrival. This was under 3 hours late, and therefore you have no claim.
(NB I have also read Regulation EC 261/2004 which is the law which allows compensation. It does not define where the point of arrival is measured. I, personally, am happy to accept the Civil Aviation Authority as a source of authority for the definition. Note also that at the top of your flightaware link it states the arrival was 2 hours 59 minutes late, and so flightaware also seem to use this definition.)
It's an interesting to note that flightaware has both "landing" and "gate arrival" as 2354, I'd have thought that was a typo. Checking other instances of this flight generally only show a minute's difference, so it sounds plausible.
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