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A flight delay can cause significant damage . It is possible to have this damage recognized under certain conditions. The airline must then take care of the passengers and may have to compensate them. In the absence of an amicable agreement, it is possible to initiate legal proceedings in order to obtain compensation.
When is there trouble?
It is considered that there is damage when the flight is delayed by at least 2 hours for a flight distance of less than 1,500 km, and of 3 hours or more for a flight distance of more than 1,500 km. From 5 hours late, this is considered a flight cancellation. The damage must be a direct result of the delay or cancellation of the flight.
How to get help?
You must send a confirmed flight reservation to the relevant airline and provide supporting documents such as boarding pass or ticket payment receipt. In addition, the airline is obliged to provide assistance during waiting times such as catering or accommodation. If this delay is 5 hours or more, he must also offer rerouting or reimbursement of the flight within 7 days.
Can we be compensated?
One can obtain a lump sum compensation linked to the consequences of this delay, which varies from 250 to 600 euros depending on the distance of the flight and the delay recorded. You can also obtain additional compensation of up to 4,800 euros if you can prove the damage suffered by producing all the necessary supporting documents.
How to initiate legal proceedings
Before taking legal action, contact the airline or travel agency if the ticket is part of a holiday. You must send a registered letter with acknowledgment of receipt to attempt to obtain compensation based on supporting documents. In the absence of a response, a form (available on the Internet) can be sent to the General Directorate of Civil Aviation (DGAC) to report the difficulties encountered. If this is not conclusive, it is then possible to seize a local court, provided that the dispute does not reach 4,000 euros. Beyond that, you have to go to the Tribunal de Grande Instance (TGI).
Société d’Avocats DAMY , Nice, I suffered damage following a delayed flight. 2022 Update
