- 1. When is a flight officially considered delayed?
- 2. What to consider in case of a delay at the departure airport?
- 3. What happens when arriving at the destination with a delay?
- 4. Flight canceled. What now?
- 5. What options are available in case of a flight cancellation?
- 6. When is the airline exempt from paying compensation for cancellation?
- 7. What to do in case of overbooking?
- 8. Do these rights apply in all countries?
Finally on vacation? Don't let a flight delay or cancellation ruin your days of relaxation with this practical guide to possible airline incidents. When it's time to travel, whether for leisure or work, it's good to review how to act in case of setbacks that may affect your flights.
When is a flight officially considered delayed?
According to the European Union regulations, a flight is considered delayed if its actual departure time is delayed by more than two hours compared to the scheduled departure time or arrives at its final destination three or more hours later than the scheduled arrival time, without any prior change to the flight schedule.
In case of a delay, you can invoke the right to information, care, the possibility of reimbursement, and/or compensation.
What to consider in case of a delay at the departure airport?
First of all, when there is a delay at the departure airport, the airline must inform you, and the ground staff (if you are at the airport) should provide you with information about your rights. If they do not do so, you can request it directly from the airline.
Depending on the flight distance and the waiting time, the airline must offer you and provide sufficient food and drink, phone calls or access to email, hotel accommodation if it is necessary to overnight or stay an extra night beyond what was originally planned, as well as transportation between the hotel and the airport.
- For flights up to 1,500 kilometers, care must be provided starting from 2 hours of departure delay.
- For flights between 1,500 and 3,500 km, starting from 3 hours of delay.
- For more than 3,500 km, starting from 4 hours.
If the delay exceeds five hours, you can choose not to travel and request a full refund of your ticket price. That is, if the incident occurs on a second leg of a connecting flight, you have the right to claim the total cost for both the part of the trip not taken (due to delay) and the part already completed, since you have not reached your destination. In this last case, you will be entitled to a return flight to your place of origin as soon as possible.
The refund can be made in cash, bank transfer, travel check, or other services, with mutual agreement.
What happens when arriving at the destination with a delay?
If your flight lands at its destination with a delay of three or more hours after the initially scheduled time by the airline, you have the right to compensation, as long as the airline can demonstrate that the delay was due to extraordinary circumstances (political instability, security risks, strikes, adverse weather conditions...) and that it did everything possible to avoid it. These compensations are established based on the flight distance: up to 1,500 kilometers, compensation is 250 euros, between 1,500 and 3,500 kilometers, 400 euros, and more than 3,500 kilometers, 600 euros.
Flight canceled. What now?
A canceled flight refers to the non-execution of the scheduled flight in the ticket reservation. In some cases, a cancellation is also discussed if your flight schedule is altered, either by advancing the departure by more than an hour or postponing it by more than three.
In this case, as with delays, you will have the right to information from the airline, which must inform you in writing of the rights you have. Additionally, you have the right to care, reimbursement or alternative transportation, and compensation.
While you wait for the return flight or an alternative one, the airline must ensure you have food and drink, transportation, and accommodation if necessary. If the airline does not provide this care in advance and for free, remember to keep receipts for all these expenses to later claim them.
What options are available in case of a flight cancellation?
The airline must provide you with one of these alternatives in case of cancellation:
- Refund: full ticket reimbursement within 7 days, with a return to the origin airport if you are at a connecting airport.
- Alternative transportation immediately, to get to your final destination as soon as possible: this includes other airlines and other possible means of transportation, under similar conditions.
- Alternative transportation on future dates: the trip is postponed to a later date. By choosing this option, you will lose your right to care.
If you are not provided with these options and choose to buy yourself a ticket, keep the receipt and the new boarding pass for later reimbursement.
In addition to these options, there will be economic compensation ranging from 250 to 600 euros, depending on the flight distance (as in the case of delays). This amount can be reduced by 50% if alternative transportation is provided and the time of arrival at the final destination is less than what is regulated.
When is the airline exempt from paying compensation for cancellation?
Airlines are not obliged to pay compensation in the following cases:
- When the cancellation is reported 14 days before the flight.
- The cancellation notification arrives between 7-14 days, offering alternative transportation with departure and arrival no more than 2 hours earlier and less than 4 hours delay, respectively.
- The cancellation is reported less than 7 days before the flight with an option for immediate flight.
- It is due to extraordinary circumstances.
What to do in case of overbooking?
If overbooking on your flight causes you to be left on the ground, the airline is required to compensate you between 250 and 600 euros, plus expenses for food. In this case, it will try to negotiate some form of compensation with you in the form of flights and/or cash. So choose what works best for you. If that does not happen, gather evidence (photos, receipts, boarding passes...) and claim.
Do these rights apply in all countries?
No, this regulation applies to all flights departing from a European airport or from a non-EU country headed to an airport in the European Union, as well as Iceland, Norway, and Switzerland, as long as the airline is an EU carrier.
The Spanish Aviation Safety Agency (AESA) oversees compliance with obligations on flights and your rights. For possible claims, you can access the AESA website and manage your incident. However, its actions focus on EU airlines. In the case of other airlines, your rights are subject to international conventions and domestic regulations, which are similar to EU regulations but with some differences. Of course, in the event of any infringement of your rights, you can file a claim through a specialized company like AirHelp or Reclamador.
That said, we just wish you a pleasant flight.