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Overbooking, bad weather… Different reasons can lead to flight cancellation . In this case, what can we claim from the airline?
What should the airline offer at the airport?
In the event of flight cancellation , the passenger has the choice between reimbursement of their ticket or rerouting on another flight possibly chartered by another airline. In some cases, it also happens that the company offers financial compensation. In addition, all costs incurred by this cancellation are the responsibility of the airline: hotel night, dinner, lunch, etc.
Should the airline compensate me?
Passengers who were unable to board due to overbooking by the airline are entitled to compensation. The amount of this allowance is fixed by international conventions and depends on the number of kilometers to be covered. Payment of compensation can be made in cash, by check or by bank transfer. Other forms of compensation are sometimes offered, such as credits or travel vouchers. Payment in any other form must be authorized in writing by the passenger. Most often, the airline offers a transactional protocol to the passenger to put an end to any dispute.
Are there any exceptions to compensation?
The airline does not have to compensate the passenger in two cases:
– if the passenger has been informed of the cancellation of his flight two weeks before departure. If this period is less than two weeks, no compensation is provided if the airline has offered you another flight at the same time (and possibly on another company).
– the airline is also not required to compensate you if the cancellation is due to a case of force majeure (such as bad weather). Indeed, in this case, he is not responsible for the cancellation of the flight.
In case of disagreement on compensation
You may disagree with the company on the amount of compensation. Indeed, one may wish to be compensated for the harmful consequences resulting from this cancellation. This may be financial damage (following the cancellation of a flight, the passenger would have missed a job interview, etc.), or moral damage (in the case, for example, where the passenger would not have been able to attend a funeral).
In case of disagreement, you must contact the competent court according to the amount that you freely set: magistrate, tribunal de grande instance or tribunal de grande instance. If the judge considers that we are entitled to better compensation, we can obtain damages.
DAMY law firm , Nice, My flight was cancelled: what can I claim?, Update 2022
