AI Flight Refunds: Get Your Compensation Fast and Hassle-Free with Advanced Technology (Get started for free)
What are my rights under EU261 for a cancelled flight with LATAM Airlines?
EU Regulation 261/2004 provides specific rights for passengers when flights are canceled or delayed, ensuring passengers can seek compensation if the airline is at fault.
The compensation amounts under EU261 vary by flight distance; for flights under 1,500 km, passengers may claim up to €250, while flights between 1,500 km and 3,500 km allow for up to €400, and flights over 3,500 km can yield up to €600.
The key date for compensation under EU261 is the cancellation notice date; if a flight is canceled with less than 14 days notice, the passenger is entitled to compensation unless the cancellation is due to extraordinary circumstances.
Recent rulings by the EU Court of Justice expanded the definition of a canceled flight; a flight that departs more than one hour early is also considered canceled for the purposes of compensation.
"Duty of care" is an essential aspect of EU261, obligating airlines to offer basic necessities like meals, refreshments, and accommodation when flights are significantly delayed or canceled.
LATAM Airlines, when operating flights from European airports, must comply with EU261 regulations, providing rights that passengers traveling to or from the EU can invoke.
Airlines can negate compensation when cancellations are caused by extraordinary circumstances such as severe weather conditions or air traffic control strikes, but their definition is often scrutinized.
To file a claim under EU261, passengers should gather relevant documentation, including flight details, cancellation notices, and any communication from the airline regarding the disruption.
In cases where passengers have connecting flights, compensation eligibility under EU261 may also depend on the circumstances of the entire itinerary, including missed connections due to delays.
Specific exemptions exist under EU261; flights canceled in advance due to a technical fault typically do not fall into the category of extraordinary circumstances, which can lead to compensation claims.
The scientific principle of "wind shear," which relates to rapid changes in wind speed and direction, is a meteorological factor that can lead to flight delays or cancellations due to safety concerns.
The rise of carbon-neutral flying initiatives has led airlines to reassess operational schedules, which can inadvertently lead to more flight cancellations as they adjust to meet new regulations and environmental goals.
Passengers are also informed about their claims through various regulatory bodies; the European Consumer Centre can provide assistance and guidance on filing EU261 claims.
The role of passenger advocacy has grown; airlines are more often challenged legally over denied compensation claims, leading to a higher success rate for passenger claims in recent years.
The majority of claims under EU261 are unclaimed; statistics indicate that as much as 90% of passengers may not pursue compensation even when eligible.
Travelers' rights under EU261 include the right to rerouting to their destination, which must be offered by the airline, regardless of whether compensation is paid.
Consumer behavior studies reveal that many passengers, despite their rights, opt for quicker resolutions rather than potential lengthy claims processes, affecting overall claim statistics.
Technological advancements in tracking and reporting flight data have allowed for greater transparency and improved processes for claims under EU261, enabling quicker settlements.
The concept of “force majeure” in legal terms helps define an airline's liabilities, but this term is often controversially interpreted in the context of EU flight compensation regulations.
Legislative changes post-Brexit have seen UK261 introduced, which parallels EU261; however, the implications for flight rights can differ, especially for travelers moving between the UK, EU, and beyond.
AI Flight Refunds: Get Your Compensation Fast and Hassle-Free with Advanced Technology (Get started for free)