Compensation for Flight Delays
Westland residents are entitled to financial compensation for flight delays if their flight arrives more than three hours late. Under European Regulation 261/2004, you can claim €250 to €600, depending on the distance, unless extraordinary circumstances are to blame. These rules protect your passenger rights.
Legal Basis for Flight Delay Compensation
The flight delay compensation rules are set out in Regulation (EC) No 261/2004 of the European Parliament and of the Council of 2004. This protects travelers in cases of delays, cancellations, and overbookings by airlines. Key provisions include:
- Article 5: Care obligations for delays from two hours, such as meals, communication, and accommodation if needed.
- Article 7: Compensation amounts for arrival delays of three hours or more.
- Article 16: Airlines must pay out within a reasonable time.
The regulation applies to flights departing from an EU country or arriving in the EU on an EU airline. It fully applies in Westland, overseen by the Authority for Consumers & Markets (ACM). For issues in Westland, contact the Westland District Court or the Juridisch Loket Westland.
When Are You Entitled to Compensation as a Westland Resident?
You qualify for flight delay compensation if:
- The flight arrives more than three hours late.
- The delay is the airline's fault (not extraordinary factors like severe storms, ash clouds, or air traffic control strikes).
- The flight is covered by EU protection: departure from the Netherlands, such as from Rotterdam The Hague Airport, or an EU airline to the Westland area.
Extraordinary circumstances often lead to rejection, but the airline must prove them. The Westland District Court scrutinizes this closely.
Compensation Amounts Overview
The amount depends on distance and delay duration. See the table below:
| Flight Distance | <3 hours | 3-4 hours | >4 hours |
|---|---|---|---|
| < 1,500 km (e.g., Rotterdam-London) | None | €250 | €250 |
| 1,500-3,500 km (e.g., Rotterdam-New York) | None | €400 | €200 (50% reduction) |
| > 3,500 km (e.g., Rotterdam-Tokyo) | None | €600 | €300 (50% reduction) |
Source: Article 7(2) Regulation 261/2004.
Real-Life Examples for Westland Travelers
Example 1: Rotterdam The Hague Airport to Barcelona with Transavia (1,300 km), four-hour delay due to maintenance issue, arrival 4.5 hours late. Claim €250: airline pays, as it was their fault.
Example 2: KLM flight Eindhoven-Lisbon (1,700 km) six hours late due to ground staff strike. Internal strikes qualify for compensation; external ones often do not.
Example 3: Ryanair Alicante-Amsterdam three hours late due to snow. No claim, as extreme weather is extraordinary.
Many Westland residents succeed with claims via apps or lawyers. Recently, the Westland District Court ruled that airlines must pay despite pandemic claims.
Rights and Obligations During a Delay
Rights:
- Care: >2 hours: food/drink; >4 hours/night: hotel + transfer.
- Refund: Full ticket price if >5 hours and you cancel.
- Compensation: As described above.
Obligations:
- Request care at the desk.
- Keep your boarding pass, ticket, and delay information.
- File your claim promptly: 2-6 years, depending on the rules.
Step-by-Step Claim Process in Westland
- Gather documents: boarding pass, booking, flight details.
- Send claim to the airline (template available from the Juridisch Loket Westland).
- No response after 6 weeks? Use claim services (check fees) or the Aviation Disputes Committee.
- Westland District Court: no court fee up to €25,000. Seek advice from Westland Municipality or Juridisch Loket.
Frequently Asked Questions on Flight Delays
Entitled to compensation for COVID delays?
Usually no (Court of Justice C-61/21), but check case-by-case via the Juridisch Loket Westland.
Package holiday booked?
Claim from both tour operator and airline for best results.
Claim deadline in Westland?
2-year limitation in NL, sometimes longer. Act fast!
Applies to charters?
Yes, for commercial EU flights.
Tips for Westland Residents: Claim Successfully
Use local support from the Juridisch Loket Westland for free advice. Document everything and start your claim right after the delay for the best chance of success.