Airline delays could earn you a tidy sum in compensation

Next time you are travelling through any European country and are delayed by an airline for over three hours, ensure you get compensated as stipulated in a recent ruling.

The European Court of Justice ruled that passengers on flights that are delayed for more than three hours have the same right to demand cash compensation from the airline concerned — the same as passengers on cancelled flights.

But this only applies in Europe. In Kenya, the discretion lies with the airline and the policies stipulated by the Montreal Convention that guides the aviation sector.

“We do not have a specific legal framework,” Mr Nickson Ooko, the operations manager of Fly 540, says.

He, however, says Fly540 ensures that passengers are not stranded.

They are either put on another flight or airline.

For a cancelled flight, alternative measures are taken.

Airlines are expected to compensate passengers for the inconveniences caused by either delays or cancellations or missed for missed connections.

The recent ruling in Europe says passengers whose flights are delayed for over three hours suffer damages similar to passengers affected by a flight cancellation.

The European Union regulation, which came into effect in 2004, decrees that air passengers on cancelled flights be compensated sums of between $370 (Sh27,3800) and $890 (Sh64,860).

This amount will now apply to delayed flights.

These rules apply to all carriers operating in the EU member states, including Kenya Airways, and any passenger affected in any of the member countries regardless of their nationality.

Under the EU regulations, passengers booked on cancelled flights are entitled to cash compensation from the airline concerned even if they are immediately re-booked on another flight.

The court, however, ruled that airlines were not bound to pay cash compensations if they can prove that the delay had been caused by “extraordinary circumstances beyond its actual control.”

But it clarified that a technical problem in an aircraft was not extraordinary unless it is caused by “events which, by their nature or origin, are not inherent in the normal exercise of the activity of the airline concerned and are beyond its actual control.”

Delays by airlines are caused by various factors, ranging from technical, internal issues and external factors like airport congestions and the weather.

In addition, airlines have a tendency to review their timetables at will to maximise on capacity offered, leading to delays and flight cancellations.

Recent trends

“The timetables are subject to change at any time,” Mr Ooko said.

Recent trends also show that airlines have moved away from giving monetary compensations and are opting for Miscellaneous Charges Order (MCO).

This is a coupon used to process the payment of travel charges and may be used to purchase any services offered by the airline or affiliates like hotels or tour companies.

The recent ruling by the European Court of Justice came as a result of passengers who sued Condor Airlines of Germany and Air France for compensation.

But unlike the EU compensation that is defined, airlines have a policy and will more often than not stay silent on it unless approached by the aggravated client.

So as you purchase your ticket, know what you are entitled to in the case of baggage loss, delays or cancellations.