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When am I entitled to be compensated?

 

You have the right to be compensated if:

- your flight has been delayed by more than 3 hours, has been canceled or you have been denied boarding by getting you to your destination with more than 3 hours of delay;

- You started from a European or extra-European airport but your destination and the company with which you traveled were European.

- Flight delays or cancellations do not fall within the exceptional circumstances, or outside the air carrier's liability.

 


What is meant by exceptional circumstances?

The law identifies a number of 'exceptional' circumstances and is considered to be outside the scope of air carrier liability.

These are circumstances that cause delay or cancellation of a flight. In these cases, the airline is not responsible for the damage suffered and is therefore not obliged to compensate its passengers. For example, volcanic eruptions, terrorist acts, airport assistant strikes may be situations where passengers are not entitled to monetary compensation.

 

How is monetary compensation fixed?

 

The amount of compensation depends on factors such as the distance traveled and the duration of the delay.

You could receive:

• 250 € - if the distance traveled is less than 1500 km

• 400 € - if the distance traveled is between 1500 and 3500 km

• 600 € - if the distance traveled exceeds 3500 km from or to a non-European destination (there is a possibility that the total can be halved and thus be € 300 if the duration of the delay was between 3 and 4 hours )

What if my flight takes less than 3 hours?

 

In this case, you are not entitled to any monetary compensation. However, you have the right to get assistance at the airport free of charge such as a meal bonus, a refreshment, telephone calls, emails etc


I booked the ticket through a travel agency. Am I still entitled to compensation?

Yes, in this case you are always entitled to compensation. The airline is responsible for delays or cancellations even though tickets have been purchased through travel agencies or third parties.


I personally filed a complaint with the airline for the cancellation of my flight which denied my request as a cause of a technical breakdown of the aircraft. What should I do?

First of all, the fact that you have filed a personal complaint does not preclude the possibility of submitting a further claim for compensation through us. It's good to know that the European Court of Justice has decided that airlines are required to pay monetary compensation even in the event of technical aircraft failure.

 

Due to the delay I have faced the expenses. Can I also include these costs within my refund request?

 

Yes, it is possible. In this case, you must have proofs of the goods or services purchased. If you have faced such expenses you can include a refund request within the letter we will send to the airline.

What if the airline does not respond to the letter of complaint?

 

In this case, legal action must be taken if the airline ignores correspondence or unlawfully refuses to provide financial compensation. Legal fees will be covered entirely by us. Passengers who decide to take advantage of the service are not required to pay any advance, nor to pay for any legal costs, and nothing is due if the complaint is not successful. ONLY in case of a win, a 25% percentage is deducted from the refund paid by the air company.

 

In the case of a legal action against the airline, which court  will be competent?

 

Community Regulation 261/2004 provides that a passenger can enforce his rights either before the court of departure or, alternatively, in front of the court of the place of arrival of the flight. In spite of this, recent jurisprudence also considers the consumer forum to be applicable with the enormous advantage of initiating legal action at the passenger's place of residence even if the airline has its headquarters abroad.

 

When will I receive my monetary compensation?

 

The length of the procedure depending on the type of complaint. We look forward to doing our best to close the process as soon as possible, usually within a few months. In some cases it may take 6 months or more than one year, depending on the time needed for inspection services to carry out the necessary research and / or any legal action to take.

 

 

Within which period must the claim be filed?

 

The right to receive the monetary compensation provided for by European law for delay / cancellation or overbooking shall be subject to a 2-year termination period beginning on the day of the flight. Therefore, it is always possible to make a claim for compensation to the airline within this time limit.

 

My luggage was damaged during the trip. What should I do?

 

It is advisable to file a complaint to the airline immediately: directly at the airport or within 7 days of the date of baggage delivery or in case of delay within 21 days of the date of actual delivery.

 


I am a disability and during my trip the airline has caused damage to my wheelchair. Can I Get Compensation?

Yes, you can get compensation for the damage caused to the equipment or the assistance device. In such cases, it is always advisable to retain all travel documents and provide proof of damage.

What happens if the airline refuses to board a disabled passenger?

 

The airline may not refuse boarding for a disability unless such denial is justified by documented safety reasons or the size of the aircraft does not impinge on boarding the passenger (for example who have obesity health problem). In the case of a refusal, the passenger is entitled to compensation.

 


If you have a question we have not answered yet, please contact us at our email info@moveasy.it

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