If you are reading these lines, it’s probably because your flight was deviated to another airport instead of the contracted original destination, or you returned to the original airport for some reason.
If that’s the case, you should know that laws protect you, and you can claim compensation.
According to the European Regulation, you are entitled to compensation for diverted flights ranging from €250 to €600. Depending on the flight distance in kilometers + all incurred expenses resulting from the incident and moral damages.
Compensation for deviated flight: €250 to €600
- 250€ for flights diverted over 1,500 km
- 400€ for flights diverted between 1,500 and 3,500 km
- 600€ for flights diverted over 3,500 km However, before claiming, there are two important points to consider…
When we cannot claim for a diverted flight
To claim for a diverted flight where there has been a change in the flight plan and a change in itinerary, we must consider that:
1- We can only claim if, after the flight is diverted, we end up arriving at our final destination with more than 3 hours of delay. Your flight may be diverted, but the airport to which it is diverted may be so close that you arrive at your final destination with less than 3 hours of delay, and in this case, you could not claim.
2- We can only claim if there is no extraordinary circumstance involved in the diverted flight. Compensation will only take place if the airline has not experienced any incident preventing it from following the established route and leading it to divert the flight. This is known as an “extraordinary circumstance.” These are situations that the airline could not foresee under any circumstances and that exempt it from paying compensation. If your flight has been diverted, it is important to consult a lawyer because airlines tend to dismiss claims by indicating that they were due to “circumstances beyond their control” and similar excuses that are not real. It is necessary to know the real reasons because what is considered an extraordinary circumstance or not is a delicate matter. A lawyer is the best way to know if we can claim.
Example of a flight deviated that can be claimed
It is very common, especially in summer, for many flights to Malaga to end up being diverted to Grenada and vice versa. It is also frequent from Bilbao to Santander.
In this case, as these are not very distant airports, a person could have had their flight deviated from one airport to another. And the airline transporting them by bus to the final destination with less than 3 hours of delay.
In 95% of cases, it is usual for the affected person to arrive with more than 3 hours of delay because the airline takes time to arrange transportation, and the bus is slow, so a claim could be made.
