Many travelers believe that they are not entitled to compensation if their charter flight is disrupted. Fortunately, this is not true – charter flights are subject to exactly the same regulations as traditional airlines: EU Regulation 261/2004 applies equally to both charter and scheduled flights.
Here’s the information you need when it comes to claiming compensation for any disrupted flight, whether scheduled or chartered.
What is the difference between a charter flight and traditional airlines?
Basically, a charter flight can be defined as one in which the airline operator has sold the seats to another travel provider. Typically, this would be a tour operator who buys a block of seats and resells them as part of a package holiday comprising flight plus accommodation. Charter flights are often cheaper but come with the increased risk of cancellations or changes to schedules.
Your rights to compensation
Whether you are booked to fly on a scheduled or charter flight, your rights to compensation remain the same. Under regulation EC 261, you are entitled to compensation if your flight is delayed for more than three hours and this is the fault of the airline.
The length of the delay is calculated on arrival times rather than departure times: for example, if your departure was delayed by three hours but you landed at your destination just two hours and 55 minutes late, then you would not be entitled to any compensation. This is because pilots can and do sometimes make up for lost time while in the air.
However, you should also be aware that if your flight is delayed by more than two hours, the airline should provide you with free snacks and drinks as well as ensuring that you have free WiFi access and offer you a free telephone call. If the delay happens at night, they should offer you accommodation and also pay any transfer costs.
When a charter flight is canceled
The rules vary according to how soon the airline notifies you of the cancellation:
- More than 14 days before your date of departure:
You will not be eligible to receive any compensation. In this instance, you are entitled to a refund of the price of your ticket or the option of booking an alternative flight.
- If the airline cancels your flight between 14 and 7 days before your trip:
You are still entitled to rebook another flight. However, the new flight should be leaving no more than two hours later than your original schedule and should arrive at your destination no more than four hours later than the original flight. If these requirements are not met – and the airline cannot demonstrate that the circumstances were not caused by extraordinary events such as security threats, strikes or bad weather – then you are eligible for compensation.
- Less than 7 days’ notice of cancellation:
You should be offered an alternative flight leaving no more than one hour later than your original booking and arriving no more than two hours later. If the airline fails to offer this, you should definitely claim compensation.
How much can you claim?
If you are claiming compensation for a flight that has been delayed by more than three hours, the amount you can expect to receive will depend on the distance of the flight:
- For flights up to 1,500km – €250
- For flights 1,500 to 3,500km – €400
- For flights over 3,500km – €600
It can be difficult and time-consuming to challenge large airlines as an individual. At GIVT, we have the expertise to help you get the compensation that you are due. To find out more, please contact us by email: [email protected].