Do airlines owe compensation for delayed flights?

Delayed flights are an unpalatable situation to virtually all individuals and every traveller’s nightmare. It gives almost the same feeling as losing your luggage. But what happens when such happens?

There is actually compensation for delayed international flights though many are either not aware or unwilling to go through the motions.

If you fly through one of the European countries, even if your final destination is somewhere else, a delayed flight should not be a complete loss as there are compensations. The EU has one of the most comprehensive airline passenger compensation schemes called EC regulation 261.

In the UK, there is also legislation to this effect; it was added into the law after they left the European Union. But in this circumstance, the flight you have been delayed on must be a European Union (EU)-regulated flight, that is, one where the flight departed from an EU airport, regardless of the airline or where an airline landed at an EU airport. These would cover all flights from Nigeria to the UK, France, Germany etc.

However, you can only claim compensation for flights over the last six years and you are only entitled to the compensation if the delay was something within the airline’s control. However, you can’t claim if the delay was caused by terrorist activity, bad weather, industrial strike and some other exceptions beyond the airline’s ability.

Also, it will only be accepted as a delay when the flight arrives at the destination over hours later than it was due to arrive and the amount of compensation depends on the flight delay and distance. A typical flight from or to Nigeria would get you compensation between €400 – €600

Different airlines have different procedures for claims. Some accept complaints via email, and you need to send a “written claims letter” to others.  If your claim for compensation is rejected by the airline, you may either choose to accept the rejection or make a further complaint to regulator in the arrival EU country or the European Consumer Centre (ECC). When complaining to the ECC, you will need to include; the details of your initial complaint letter, the rejection letter received from the airline, and a cover letter asking them to review the rejection by the airline.

However, regulators or the ECC do not have the same powers to force airlines to pay compensation. So even if they agreed that you should get compensation, you might get the airline refuse to accept liability. If this happens, the court is the last resort.

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