Cancelled Flights
General conditions for getting compensation for flight cancellation:
- Keep all the documents and receipts connected with the flight, also hotel and other documents, where the Passenger’s booking confirmation number is present
- Accurate interpretations about the actual arrival time of the aircraft
- Photos of the airport screens, where the delay is fixed
- The saved receipts of the expenses made because of the flight cancellation
- They can be considered to be documents with probative value
What factors do affect the size of the compensation payment?
The compensation size of a cancelled flight depends on the following factors:
- Flight distance
- Flight delay period
- Flight cancellation reasons
- A written notice of flight cancellation and its period
In case of flight cancellation the passengers can be compensated according to the EU 261/2004 Regulation, international treaties and the legislation of the Republic of Armenia.
Airline (air carrier) Responsibilities in case of a flight cancellation
The airline responsible for flight cancellation, according to the EU 261/2004 Regulation is obliged:
- In accordance with the established order organize the Passenger’s flight by the same or other airline aircraft, provide with meals and refreshments, 2 phone calls, 2 fax messages and 2 e-mails, depending on the cancellation period provide with a hotel room
- According to the Passenger’s will, provide full compensation of the ticket value under 7 days, if the cancellation was made 14 days before the flight
- The Passenger can get compensation, if he was informed about the cancelled flight in less than 14 days (two weeks) before the flight
How to claim and receive compensation for a canceled flight?
In case of flight cancellation the passengers can obtain compensation according to the EU 261/2004 Regulation, international treaties and the legislation of the Republic of Armenia.
In case of flight cancellation the Passengers are kindly invited to fill in the online form the same way as in the case of flight delay. As a rule, some airlines automatically deny/decline the claims of the Passengers, arguing extraordinary circumstances as a justification, which is very often an easy pretext to mislead, distort the real reasons bypassing the passengers… as the concept extraordinary circumstances and its interpretation is described and defined taking into consideration a number of important standards and judgments within the case-law.
The Passenger through the Passenger.am website should submit to the airline the following:
- An online claim indicating the reasons (emergency landing, accident etc)
- The copy of the ticket and the copy of 2-5 pages of a valid passport in PDF format
- The boarding passes and other receipts
- In case of a minor Passenger, as well as in case of a Passenger with restricted capacities, the online claim is filled in with the information of the minor Passenger or the Passenger with restricted capacities, but signs one of the parents, or the legally authorized representative, also indicating his/her passport information
- Sign to attest formally that all the provided information is true and to the best of your knowledge and that the Passenger is aware of the responsibilities defined by laws for providing false or obviously false information
If the passenger wants to obtain compensation and other refund for the caused damages, then the following must be submitted:
- Online claim about the damages caused by the flight cancellation
- Copies of the reciepts (or similar documents)
The airline or other responsible person compensates the Passenger according to the flight distance:
- 250 euro for flight distances till 1500 km
- 400 euro for flight distances between 1500 km-3500 km
- 600 euro for flight distances from 3500 km
Passenger.am, as a legal team specialized in mediation, serves as a mediator between the Passenger and the airline.
The airline must notify the passengers about the flight cancellation less than 14 days (2 weeks) before the flight date. In this case the airline must
- In accordance with the established order organize the Passenger’s flight by the same or other airline airplane. Moreover, the airline company has no right to claim extra money, even if you are suggested to fly by a class higher than the primary one, for instance, if your ticket was an “economy” class and you are offered to travel by a “business” class. Otherwise, the airline has to pay the difference.
- According to the Passenger’s will , provide full compensation of the ticket value under 7 days.
In case of flight cancellation Passengers are compensated according to the EU 261/2004 Regulation, international treaties and the legislation of the Republic of Armenia. In case of flight cancellation passengers fill in the online claim exactly the same way as in the case of flight delay, attaching all the necessary documents and sign to attest formally that all the provided information is true.
If the Passenger wants to be compensated for the caused damages, he must present the following:
- An online claim indicating the damages caused by the flight cancellation
- The copies of the receipts (or similar documents)
In case of informing the Passenger two weeks or more before the flight no financial compensation is provided by the airline.
The Passenger is eligible to
- Accept the alternative flight suggested by the airline, or reject it.
- Receive a full compensation of the ticket value
According to the EU 261/2004 Regulation, international treaties and the legislation of the Republic of Armenia, here are the cases when the airline compensates passengers in case of a flight cancellation:
- If the airline is responsible for the flight cancellation.
- If the airline informed the Passenger about the cancelled flight less than 14 days before the flight.
- If there are all the documents referring the cancelled flight and appropriate information.
According to the regulation in case of flight cancellation no compensation is provided by the airline, in the following cases:
- If the airline is not responsible for the flight cancellation.
- If the flight was cancelled due to ''extraordinary circumstances'' : by the way, by indicating ''extraordinary circumstances'' airlines often ty to escape responsibility.
- If the airline informed the Passenger about the flight cancellation 14 days before the cancelled flight and has fully provided the pay-back of the ticket value.
