IN SHORT
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Imagine yourself at the airport, preparing for your long-awaited trip, when suddenly, the dreaded announcement rings out: your flight is delayed. For many, this situation may seem like a nightmare, but for one passenger in particular, it worked to his advantage. Indeed, a flight delay can sometimes turn into an unexpected opportunity for compensation. Discover the fascinating story of this lucky man who managed to obtain 2000 euros following an airline mishap, a story that could change your perception of flight delays.
A journey that starts badly #
Vacations are often synonymous with relaxation and of pleasure. Unfortunately, sometimes things don’t go as planned, especially in the event of flight delay. For Bruno, a 40-year-old from the Paris suburbs, this meant a Paris-Djerba flight arriving eight hours late.
A compromised vacation #
Bruno was therefore supposed to land in Djerba around 3 p.m. to enjoy the day with his family. The departure having been rescheduled for 7:45 p.m., they finally reached their destination exhausted at 11 p.m.
“We weren’t even able to have dinner because we arrived after the hotel restaurants had closed, even though the service included full board. And we weren’t able to take advantage of this first day, even though we had reserved a short stay of six nights,” he says.
Request for compensation: process and obstacles #
Bruno tried to contact the tour operator “lastminute.com” for request compensation, but it was not easy. “lastminute.com argued that it was a simple intermediary between me and the different suppliers of my reservation
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Faced with this impasse, Bruno decided to take the matter to the Paris court.
The law is on your side #
The Tourism Code, and more specifically thearticle L. 211-16, stipulates that the tour operator is legally responsible of the execution of the services provided as part of a tourist package. This regulation was introduced to prevent tour operators from avoiding their responsibility by pretending to be simple intermediaries.
Bruno’s victory: 2000 euros obtained #
Ultimately, the Paris court ruled in favor of Bruno. The judgment rendered on July 9, 2024 grants him 2000 euros compensation for him, his wife and three children.
How to get your compensation? #
Please note that if your flight arrives with at least three hours late in relation to the scheduled arrival time, you are entitled to compensation provided for by Article 7 of European Regulation No. 261/2004. Here is the compensation scale:
- 250 euros for a flight of 1,500 kilometers or less
- 400 euros for a flight of more than 1,500 km in the European Union (EU)
- 400 euros for a flight between 1,500 and 3,500 km outside the EU
- 600 euros for a flight of more than 3,500 km outside the EU
However, compensation is not due in certain exceptional circumstances such as a health crisis, unfavorable weather conditions or even an air traffic controllers’ strike.
Summary of steps to claim compensation #
- Check that your flight delay is eligible for compensation.
- Contact the airline or tour operator for an amicable complaint.
- If they refuse, send a registered letter, the model of which is available here.
- As a last resort, go to court to assert your rights.