How long can it rightfully take for an airline to reply to a EC261 claim?
I think I am entitled to compensation under EC261. I filed an application from Ryanair's website and, after the automated ZenDesk acknowledgment email, I haven't heard back for months.
Is the company required to answer within a specific time frame? What is this time frame, and to whom should I escalate if my request is being ignored?
For context, I am a EU citizen living in the UK, and this is referring to a flight between the UK and the EU at a time when the UK was still under EU regulations (before 31 Dec 2020).
(This post isn't asking whether I'm entitled to compensation – in fact, I haven't given any details here –, but whether and under what rules I'm entitled to an answer)
Best Answer
Most airlines have no intention of paying EC261 and so they will make the process as difficult and cumbersome as possible. Many will just ignore you in the hope that you will simply go away. What you are "entitled" to is irrelevant and they will happily ignore this. The question is how to get some action going.
Enforcement agencies are here: https://ec.europa.eu/transport/sites/transport/files/2004_261_national_enforcement_bodies.pdf Technically you can complain there, but these tend to be large government agencies with spotty track records of actually doing something.
Your best shot is probably to keep writing to Ryanair with registered and legal sounding letters with due dates and the threat of interest, legal action and government escalation. These are not intended as a legal instrument (you would need a lawyer for this) but to convey the message that you are not going away peacefully. If you are lucky Ryan Air will eventually yield.
There are also third party companies that will fight the claim on your behalf for a sizable percentage of the compensation. They tend to have a good track record since they fight every claim to the end with full legal weaponry if required. The airlines know this and it's cheaper for the airlines just to pay.
EDIT Full test of the law is https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32004R0261
Concerning time it says in Article 8:
(a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, ...
That only covers the refund but not automatically the compensation and I don't think is specified anywhere.
In article 7(3) it only says
The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.
So it specifies the means but not the timing.
Pictures about "How long can it rightfully take for an airline to reply to a EC261 claim?"
What happens if an airline refuses to pay compensation?
In the event an airline refuses to acknowledge your claim, you need to seek legal advice or file a complaint with the airport's authority. However, you need to understand the reasons for the denial of the claim. Sometimes the extraordinary circumstances are legitimate.Is there a time limit to claim flight compensation?
You're legally entitled to get compensation if the cancellation is the airline's responsibility and both the following apply: the replacement flight delays your arrival by 2 or more hours. your flight was cancelled less than 14 days before departure.How do I claim compensation for denied boarding?
Accepting the airline's offer will mean that you voluntarily agree not to fly on that flight. According to denied boarding rules, you can only claim compensation in cases in which you were involuntarily refused access to the flight. This is why, in most cases, we would recommend that you refuse the airline's offer.What is EU261 disruption compensation?
EC Regulation 261/2001 is an EU regulation. It protects passengers who've suffered a flight delay, cancellation or been denied boarding due to overbooking. Under this legislation, if your flight's eligible, an airline can pay up to $700 in compensation.EU Air Passenger Rights
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