In the complex air transport ecosystem, where flight disruptions are commonplace, European Directive 261/2004 establishes a framework of rights for passengers, providing protection and compensation in the event of cancellation, significant delay or refusal of travel. 'boarding.
Despite its importance, the understanding and application of these rights remains for many travelers a journey strewn with pitfalls, in particular due to the complexity of certain legislative texts and sometimes incomplete communication on the part of airlines, particularly low-cost airlines. cost.
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In this context, companies specializing in the defense of passengers' rights, such as AirHelp, Air Indemnity or Flightright, can play a key role by positioning themselves as an intermediary between customers and companies by handling the procedures for claiming compensation in the event of flight disruption.
Ten years ago, in a report published in August 2014, Flightright estimated that around 1.1 million passengers traveling from France had not made requests for compensation even though they were eligible.
What about a decade later, in 2024?
In a new survey conducted by Flightright, in partnership with PollsRoll (1) and revealed on the occasion of the twentieth anniversary of this European directive, indicates that 43% of French people are still unaware that airlines are required to compensate them during a flight delay or cancellation.
And among the French people surveyed who encountered problems during an air trip, one in two (50%) did not make any complaint or request for compensation!
However, it happens more often than we think, especially when going on vacation.
Still according to Flightright, 35% of French people have already experienced flight delays (31%) or cancellations (4%)... an unlucky 8% have even experienced both!
But the procedures are often long and tedious.
For the compensation platform, of all French people who made a request for compensation, only 26% of applicants obtained a full refund for their ticket, 55% had to settle for a partial refund (38%). or a voucher (17%).
As for the remaining 27%, they received no compensation.
Origins and objectives of Directive 261/2004
Although adopted by the European Parliament and the Council of the European Union, Directive 261/2004 of February 11, 2004 was created to harmonize the practices of airlines across the EU and offer common protection to all.
Before its introduction, passengers often found themselves without recourse in the event of problems with their flights, at the mercy of varying airline policies.
The directive therefore aimed to:
Ensuring fair treatment of passengers
: by standardizing the rules, all travelers benefit from the same level of service and assistance in the event of inconvenience.
Encourage airlines to maintain punctuality
: by introducing mandatory compensation, the directive pushes companies to minimize delays and cancellations.
Improve transparency and passenger information
: by making companies responsible for informing passengers about their rights.
In France, as in all EU countries, it is Article 8 which defines the rights of air passengers.
It provides that in the event of cancellation at the initiative of the airlines, they are required to give the passenger the choice between a refund of the ticket within 7 days or another flight to the final destination under comparable transport conditions. .
Canceled or delayed flight: how to get your plane ticket refunded?
Strikes at airports, lack of staff... force airlines to sometimes cancel their flights.
What are the reimbursement rules?
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The
airline is obliged to offer financial compensation
to passengers impacted by significant delays or flight cancellations.
This compensation amounts to
€250 for journeys of less than 1500 km
,
€400 for those between 1500 and 3500 km
, and rises to
€600 for longer distances
, provided that the delay exceeds four hours.
In addition, passengers benefit from the right to support including catering, accommodation if necessary, as well as the possibility of making two telephone calls and sending emails.
It is important to remember that
this compensation is not systematic
.
It does not apply if travelers were notified of the cancellation more than two weeks before the scheduled date, if the replacement flight provides for an early departure of less than two hours or a delay in arrival of less than four hours, or in the case of extraordinary circumstances such as natural disasters or armed conflicts.
The European Consumer Center (CEC) points out that certain causes of cancellation, notably strikes by airline staff, may be subject to interpretation, although generally they give rise to compensation.
To claim a refund, it is therefore strongly recommended to contact the airline immediately, ideally via the claim form available on its website.
Good to know, the CEC provides a list of links to these forms for companies operating within the European Union, as well as in Iceland and Norway, thus making the process easier for passengers.
Cancellation of a plane ticket (dry flight) at the traveler's initiative
There is little chance in this case of being reimbursed and the cancellation of the flight will be at your expense.
However, you can still obtain, directly via the airline's website, the reimbursement of two airport taxes (QW and QX).
In this context, vigilance is required when purchasing the ticket.
Generally speaking,
tickets with the most flexible conditions
are the safest but also, naturally, the most expensive.
In general, regular airlines always offer better reimbursement conditions than their low-cost counterparts.
Finally, be aware that you cannot be reimbursed for your ticket if you miss the flight through your fault (alarm clock failure, a passport problem, a taxi stuck in traffic jams, etc.).
At best, the airline will offer you another solution, for a fee and the difference in price of the new ticket.
At worst, you will have to request reimbursement of airport taxes, and check if you have taken out travel insurance that covers this risk.
(1) This study was conducted on a sample of 1000 people representative of the French population aged 18 to 65 (3 categories: 18-34 years, 35-49 years, 50-65 years). Data was collected using an anonymous online questionnaire (10 questions) from February 8 to 15, 2024.
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