Erika Lawyer Helps Passengers Deal With Flight Delays – Tips From An Experienced Travel Lawyer

Answers to All Your Questions About Flight Delays and Your Legal Rights

Having a flight delayed can seriously mess with your travel plans. As someone who has been in that sticky situation more than once, I understand the stress and frustration it causes. In this article, I’ll address all the issues a delayed passenger like you may have and give you the straight facts on what your rights are.

What exactly constitutes a flight delay?

According to aviation law, a delay is considered any departure that is at least two hours later than the scheduled time. For example, if your flight was scheduled to leave at 5:00pm but pushes back at 7:00pm or later, that’s a delay. Delays of a shorter duration, like 45 minutes, are usually not legally actionable.

What are the most common causes of delays?

1. Weather – This is the number one reason flights get delayed. Bad weather like storms, high winds or snow can ground planes or cause backups at airports.
2. Technical issues – Mechanical problems, computer glitches or other equipment failures account for a lot of delays too.
3. Overbooking – Yes, airlines still overbook flights expecting some no-shows. When standbys actually show up, it leads to delays.
4. Staffing issues – Shortages of pilots, flight attendants or other personnel can derail schedules.
5. Air traffic control – Problems with air traffic control systems or staffing levels affect airport capacity and cause delays.

What compensation am I entitled to for delays within an airline’s control?

If the delay is due to reasons within the airline’s control like mechanical issues or staffing problems, you may qualify for financial compensation under European law. Here are the typical payout amounts:

1. Delays of 2-3 hours: €250-400 depending on flight distance
2. Delays of 3-4 hours: €400-600
3. Delays over 4 hours: €600 or more

You may also be entitled to meals, hotels, phone calls and rebooking if you miss your connecting flight due to the delay. But delays caused by events outside an airline’s control like weather or air traffic issues don’t trigger compensation.

How do I get delayed flight compensation?

To collect any money owed to you, the key steps are:

1. Submit a written claim to the airline within 2 months including flight details and explanation of costs incurred.
2. Reference EU flight delay compensation regulations like EU 261/2004 in your letter.
3. The airline has 2 months to respond. They may deny the claim, offer an amount or suggest mediation.
4. If still dissatisfied, you can sue in civil court or take your case to an alternative dispute resolution body.

I’d be happy to review any claim denial letters from airlines. In my experience, they often try refusing valid claims, so an appeal may be needed. Having strong documentation and citing the specific law helps your case immensely.

What about flight cancellations?

Cancellations entitle you to the same compensation as delays of over 3 hours in most cases. However, if you received less than 2 weeks’ notice of the cancellation, you may qualify for higher payouts:

1. Cancellations with under 7 days’ notice: €400-600
2. Cancellations with under 2 weeks’ notice: €600 or more

You should also get rebooking on the next available flight as well as meals, hotels and transportation in the interim. Cancellations outside an airline’s control won’t trigger compensation under EU law, though some offer goodwill payments.

What about missed connections and rippling delays?

A delay on one flight that causes you to miss subsequent connecting flights is called a “ripple delay.” In these situations, airlines need to reroute you to your destination as fast as possible, even if it means putting you on a rival carrier. They also owe you meals, hotels and compensation for any extra travel expenses.

Another factor is delay propagation – when a late inbound aircraft holds up your scheduled departure time. The delays “ripple” through the system. In these instances, even if flight documentation states your leg departed on time, EU law recognizes you were still impacted by the initial delay.

Consider using legal services to claim owed compensation

While you can submit claims yourself, using experienced flight delay lawyers can substantially boost your odds of success. We have strong relationships with airlines and know how to craft compelling arguments. The consultation is usually free, and if we win your case, our attorney fees come out of the compensation received rather than charging you upfront.

In one such example, my firm represented over 200 passengers whose flights were hit by a snowstorm in Frankfurt. By citing case law precedents and employment records proving the weather delay was foreseeable, we obtained average payouts 50% higher than the airline’s initial lowball offers. So doing it yourself risks getting lowballed versus getting professional help.

What if I miss my connecting flight even with no overall delay?

Let’s say your inbound aircraft arrives on schedule but you still miss your connecting flight due to issues at the transfer airport. For example, long taxi or hold times, late buses from remote stands or poorly planned connections. While not technically a “delay,” missing an intended connection still creates costs.

EU court rulings have established this disrupts your travel plans through no fault of your own. In these situations, I advise politely demanding meal vouchers, hotel accommodation and rebooking on the next available flight. Track any expenses like cabs too in case the airline balks at responsibility and you need to submit a refund claim.

To summarize – look out for your rights as a passenger, keep meticulous records of flight details and costs, know the applicable laws and consider legal counsel to maximize the recovery of expenses caused by air travel disruptions beyond your control. With the proper diligence, you’ll get the compensation and customer service you deserve during delay scenarios.

I hope this gives you a solid understanding of flight delay issues, how to navigate them effectively and where to turn if needed. Feel free to contact me if any other questions come up!

Factors to Consider When Choosing an Airline Delay Attorney

Factor	Details
Experience	Look for attorneys who specialize in airline delay claims and have handled many cases.
Success Rate	Consider an attorney’s track record and success obtaining compensation for clients.
Cost	Most airline delay attorneys work on a contingency basis, only getting paid if your claim is successful.
Responsiveness	Choose an attorney who communicates clearly and responds promptly to your questions.
Reputation	Research reviews and recommendations from past clients to get a sense of an attorney’s reputation.
Location	An attorney local to where your flight issues occurred may have an advantage pursuing your claim.

FAQ

1. What should I do if my flight is delayed?

   Basically, the main things you need to do if your flight is delayed is stay calm and find out what help the airline can offer you. Contact the airline and explain your situation so they know you’ve been impacted by the delay. They may be able to rebook you on another flight or put you up in a hotel for the night if needed. At the same time, delays are annoying but most airlines will take care of you.

2. Am I entitled to compensation for a delayed flight?

   Sort of, it depends on the length of the delay and policies of the specific airline. If your flight is delayed by 3 hours or more and it was the airline’s fault, you may qualify for compensation under European flight delay rules. However, each airline has different policies on delays shorter than that. Your options might include meal vouchers, hotel rooms or a refund. Talk to an erika lawyer if you’ve experienced multiple delays or cancellations that seem excessive.

   

3. Can I get a refund if my flight is overbooked?

   Perhaps – an airline has a duty to find you an alternate flight if yours is overbooked. You’re generally entitled to a refund if they cannot rebook you within a certain timeframe, like the following day. Though their obligations depend on factors such as how far in advance you booked. On the other hand, many travelers wonder if airlines overbook on purpose, or if it’s just an occasional logistical error. An expert lawyer could advise on your legal rights in the specific circumstance.

4. What if I miss my connecting flight due to a delay?

   If a delay on your first flight causes you to miss a connecting flight, the airline should rebook you for no charge on to your final destination. They’re responsible for getting you there, even if you need to spend the night somewhere. You may even get meal vouchers or a hotel room if the mess up delays you overnight. Of course, it goes without saying that waiting around airports kinda stinks. But airlines have rules to protect travelers from missing connections due to their own delays, supposedly.

5. Is it worth hiring a lawyer for flight issues?

   That’s debatable – for a minor delay or inconvenience, probably not. But in cases of multi-day travel disruptions, missed important events, or major financial losses due to cancellations, consulting an aviation attorney could help ensure you receive the full compensation you deserve. Some flyers have reportedly gotten airlines to pay out thousands of dollars more than their initial refusals after an attorney stepped in. However, lawyers don’t come cheap so you’d have to figure if it’s worth it for your situation. Only you can decide if hiring a professional to fight your case could be worth it.

6. How can passengers avoid flight delays?

   There’s no surefire way, really. Scheduling issues, weather problems, and mechanical faults can ground planes whether you’re on board or not. Perhaps fly with the more reputable air carriers that have a better on-time record, or travel during less busy seasons. You could also select routes with multiple flight options each day, providing flexibility if one gets backed up. Ultimately though, delays are kind of outside your power. The best approach is to pack patience and try not stressing over things out of your control. Delays happen to everyone eventually, I guess!

7. When does a flight delay become a cancellation?

   In general, if a flight is postponed overnight or by several hours, it could basically be seen as a cancellation by another name. Most experts say delays exceeding 12-24 hours start crossing over into cancellation territory. The problem is airlines may try to avoid the stricter rules around cancellations by insisting something’s merely “delayed”. But long holdups seem more like the trip’s been axed to me. An erika lawyer could shed light on where the legal line is drawn between delays and official cancellations. Customers deserve transparency on what’s technically happening with their bookings.

I hope this FAQ helped provide some useful information on flight delay issues and passenger rights. Please let me know if you have any other questions! Air travel can certainly test one’s patience at times. I guess it’s like they say – the only thing certain about flying is uncertainty. Hopefully next time you’re at the airport things go smoothly. But if not, at least be assured of what help you’re entitled to receive from the airline.