Traveling by plane can lead to some situations that might be uncomfortable. You might have a crying or kicking child next to you, the plane could be replaced, there might be insufficient staff for the number of passengers, and so on.
When these situations occur, we often wonder where the line lies between what you can claim and what you cannot. The law outlines a series of events where you are entitled to compensation, as well as others that are simply considered normal nuisances and not eligible for compensation.
To clarify how far you can go with a complaint, this article will explore situations that cannot be reported on a flight to get a compensation for it.
Delays of Less Than 3 Hours
If a flight is delayed by 2.5 hours, no claim can be filed. The threshold is set at 3 hours, calculated based on the arrival time at the destination airport. This means that if a plane departs 3.5 hours late but lands at the destination airport only 2 hours and 15 minutes , for example, later than scheduled, a claim cannot be made, as the arrival time is what counts.
Strikes by Air Traffic Controllers or airport Staff
It is important to distinguish between a strike initiated by airport staff and one initiated by the staff of a specific airline. In the first case, the airline cannot be held responsible for delays or cancellations, as airport personnel are not under the airline’s authority and are necessary for takeoff and landing. However, in the second case, complaints can be made. If the pilot, cabin crew, or flight attendants go on strike at a specific airline, the responsibility lies with the airline. As a result, compensation can only be claimed in the second scenario.
Crying Children
Infants and very young children often suffer from ear pain due to pressure changes, and they cannot perform the Valsalva maneuver to adjust to these changes and avoid the discomfort. Therefore, in accordance with the rights of young passengers, the airline cannot be held responsible for the inconvenience caused by a crying or screaming baby or toddler.
Delays or cancellations due to weather conditions
This is one of the most common questions. And unfortunately, the answer is « No. You can´t get a compensation in this case », as it is not a company dependant situation and it is considered major cause.
Poor service on the flight
Many people have complained about insufficient staff or poor service on a flight. According to regulations, 2 flight attendants are required for flights with 50 to 99 passengers. For flights with 100 passengers, 3 flight attendants are needed, with one additional attendant for every 50 passengers. If the airline meets this requirement, there is no basis for a claim. Additionally, an airline is not obligated to provide food or beverages to passengers, regardless of the flight’s duration.
*Extra: Plane Changes
Most passengers do not pay attention to the type of aircraft they will be traveling in when booking a flight. Airlines typically provide information about the aircraft model for a flight, making it accessible to any customer. For various reasons, the airline might change the plane for a flight (due to a malfunction, for convenience, etc.). Although some people may not be comfortable with the airline’s decision, this minor inconvenience is not claimable. The passenger pays for travel from one place to another, not for a specific type of plane. The only scenario in which a claim could be made is if the new aircraft does not offer the services initially purchased with the ticket, such as XXL seats or first-class services.