Learn how airlines try to avoid paying EU261 compensation and discover effective ways to challenge their tactics and secure your compensation.
Did you know that sometimes it’s not as easy to claim your EU261 compensation directly from the airline? In fact, many passengers don’t even realize the extent to which airlines will go to deny their claims. Today, we will discuss the most common tactics airlines use to reject EU261 claims and how you can successfully challenge these denials to get your compensation.
If we had to pick a top choice of airline tactics, it would be extraordinary circumstances. These include extreme weather, security risks, political instability, and other events outside the airline’s control. While this is a legitimate reason for many cases, some airlines stretch the truth. For example, an airline may blame “bad weather,” even if it caused a partial delay of your flight.
How to fight back: As per the EU261 Regulation, the airlines must prove that the extraordinary circumstances were beyond their control and could not have been avoided with reasonable measures. You can always request detailed documentation from the airline that proves their reasoning behind the flight disruption.
At other times, the airlines would argue that the flight was disrupted for technical reasons without saying anything more specific. Remember that under EU261, most technical issues are not considered extraordinary circumstances. What are the examples? Mechanical faults, maintenance problems, or crew shortages (which usually fall under operational reasons) are usually the airline’s responsibility. They should not be used as a valid excuse to deny your right to compensation.
How to fight back: You can briefly research specific technical issues covered under EU261. If the airline blames technical problems, you can ask them to clarify if these were maintenance-related or sudden and unavoidable. You can use this evidence later to escalate your case further. Miscommunication or Lack of Response
Sometimes, airlines delay responding to claims or don’t communicate clearly. In the worst-case scenario, they could even ignore your claim. They do this to confuse and frustrate passengers, hoping you’ll give up.
How to fight back: Don’t let them win. Stay persistent, follow up with the airline, and keep all correspondence with visible dates and content. If the airline does not respond within a reasonable time (up to one month), you can escalate your claim to the relevant National Enforcement Body or file your claim in court.
Another clever trick the airlines use (or at least they might think so) is to offer you a voucher or travel credit instead of monetary compensation. It surely can seem like a quick fix, but these options often come with certain restrictions like expiration dates and specific conditions of use.
How to fight back: Under the EU261 Regulation, you have the right to request cash compensation. Politely decline vouchers and ask for monetary compensation.
The compensation amount depends on the flight distance and the length of the delay:
Remember, you are not eligible if the delay is less than three hours or the cancellation was announced more than 14 days in advance.
Make sure you save all necessary documents, including your boarding pass, booking confirmation, and any correspondence from the airline. Remember to request the denied boarding form if you were denied boarding due to overbooking. If the airline rejects your claim, don’t just give up. Respond back and request further clarification. The airlines may change their position when they see that you are persistent.
While airlines may try to avoid paying compensation, the EU261 Regulation gives passengers the tools to fight back. As long as you know your rights, collect the evidence, and stay persistent in your communication with the airline, you should be able to resolve your claim successfully. However, if you are unsure what to do, don’t hesitate to seek professional assistance from Langround or directly submit your claim here.
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