Claim your compensation
It's important to know which court has jurisdiction over your case.
This depends upon the applicable law to your case.
The determination of which company the written complaint is to be addressed to is extremely important but not always as straightforward as one would think. Whilst in the majority of cases, it will be the company with which you travelled or with which you were supposed to travel, a particular regime exists if you are making a luggage claim under the Montreal Convention or a claim following a missed flight (no show).
This question is equally crucial, as filing your claim before the wrong court could cause you considerable time and expense. The court with jurisdiction will depend on several factors, notably the applicable law. We've prepared a handy table below to guide you through the various options open to you.
Pursuant to procedural applicable laws and court precedents, any claim filed pursuant to any of the EU travel Regulations (including EU 261, EU 1171 and EU 1371) will have to be lodged before the the court having territorial jurisdiction over the place of departure, the place of arrival, or the place where the operating carrier is incorporated. Note that you cannot file a claim before the court having territorial jurisdiction over the place where you and/or your fellow passengers are domiciled.
|Departure pointEx: Paris Charles de Gaulle, competent court: Tribunal of Aulnay-sous-Bois||LayoverEx: London Luton Airport, competent court: Luton County Court||Arrival pointEx: Stockholm Airport, competent court: Stockholm Court||Passenger's DomicileEx: Milan, competent court, the Milan Justice of Peace||Operating carrier's HeadquartersEx: easyJet is incorporated at the Luton Airport, competent court: Luton Airport||Ticket Vendor's headquartersEx: Opodo is headquartered in Luxembourg|
|Delayed, cancelled, overbooked Flight (EU 261)||Yes||No||Yes||No||Yes||No|
|Missed flight (no show= partial ticket refund)||No||No||No||Yes||Yes||Yes|
|Disrupted ferry journey (EU 1177)||Yes||No||Yes||No||Yesand the contractor carrier, if applicable||No|
|Disrupted train journey (EU 1371)||Yes||No||Yes||No||Yes||No|
N.B.: We make reference to only the court having territorial jurisdiction; we are unable to advise on the court with material jurisdiction via this short guide. However, in most cases, given the small amounts in play, it will usually be the inferior courts (e.g. the County Court in the UK, the Tribunal d'Instance in France, Small claim court in the US and Canada etc.) which will be competent. However, in order to be sure of the the competent court, start a claim with us today.
The Montreal Convention clearly states that both the operating carrier (i.e. the one that operated the disrupted flight) as well as the contracting carrier (i.e. the one which sold you the ticket) can be joined as defendants, if they are indeed separate entities. More choice for you!
|Departure point||Arrival point||Layover||Passenger's Domicile||Operating carrier Headquarters||Contractor carrier Headquarters|
|Disrupted flight journey (EU 261 non-applicable)||No||Yes||No||No||Yes||Yes|
US law provides that the following courts can be seized.
|Departure point||Arrival point||Layover||Passenger's Domicile||Defendant's Headquarters||Ticket Vendor's Domicile|
It's important to know how much you can claim. This depends upon the applicable law to your case. More here
Your rights to compensation do eventually expire, so it's important to know which Statute of Limitations applies to your claim. This varies from country to country. We have put together a handy chart for you. More here
I started using Weclaim in 2015 and am very happy I did! I have several pending claims (flight delay; luggage delay; missed flight) and have already been compensated for a canceled flight (Hop!) and a delayed flight (British Airways). Weclaim’s team is courteous, responsive, efficient and available: I placed my initial phone call on a Friday night at 7pm, and Frédéric PELOUZE – Weclaim’s founder – picked up the line. I find the website easy to use. In addition, I’m always able to talk to a lawyer and get an understanding of the process and timeline. I receive status updates; Weclaim take over my travel disruption issues and deal with them on my behalf: it’s simple and worry free! It’s nice to know we can rely on professionals who are on our side, committed to get the highest compensation for us passengers, too often at the mercy of the airlines. Thank you and keep up the good work!
I got bumped off a flight and even though the airline did provided a substitute transportation to get to Paris I wasn't sure whether they had the right to oversell tickets like that. I asked Weclaim about my rights and ended up giving them my case. Got paid in less than 30 days. Couldn't ask for a better outcome.
I could not get on my flight to Odessa via Kiev because Ukraine Airlines messed up with my reservation. Lost my whole ticket and had to buy a more expensive last minute ticket. The airline just wouldn’t refund me nor compensate me while their mistake was obvious. I turned over to Weclaim and they nailed it. They reached a settlement in a few months. Loved that the claim handler in charge of my case kept me posted at each step of the process.
Air France not only cancelled my flight but I also had to leave from another airport and the taxi costs were left at my expense. In these moments, you just hope that someone who knows your rights will defend you. Guys at Weclaim are perfect for that. Even though we had to go to court, the case was eventually settled, but it was worth the fight. It's nice to know that there are people out there that have your back when your travel provider screws it.
I would and have recommend Weclaim to family and friends to benefit from their services. Thank you Weclaim crew for a job well done.
If you experienced a travel disruption in the past five years, you might be owed some money. Give us your travel details and you’ll discover instantly how much you can get.