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Are ceilings fixed for compensation under EU261?


European Regulation 261/2004 (EU261) gives direction for compensation where flights are disrupted (delayed over 3 hours, cancelled, passengers denied boarding). Is there room for claiming additional compensation under the consumer-friendly regulation?

Yes.

The law - EU261 and further compensation

EU261’s lesser known and under-utilised Article 12 provides that “This Regulation shall apply without prejudice to a passenger’s rights to further compensation. The compensation granted under this Regulation may be deducted from such compensation.”

The European Court of Justice determined (in the case of Rodriguez & Ors v Air France (Case 83-10) at § 38]), that Article 12 allows national courts to compensate for damages arising from the breach of the air carrier’s contractual obligations, as provided for in national law or under the Montreal convention.

The disruption to my flight caused me a greater loss than my compensation - what can i do?

The European Regulation 261/2004 does not restrict a passenger’s ability to pursue further compensation, where available, with respect to their loss and damage.

This means that a passenger may claim all expected loss and or damage (for example, transport, accommodation bookings) which were “reasonable” arising out of flight disruption up to the value of 4641 SDR (approximately 5,700 euros) under the Montreal Convention.

Remember:

  • your claim can be anything that the airline could have expected you to have incurred (example transport, accommodation), and which is “reasonable” and
  • You must provide proof of loss and or damage (i.e. receipts).

What does all of this mean for you?

This means that you if have a cause of action you can, subject to applicable national laws, also seek additional compensation (Further Compensation) arising out of breach of contract of carriage and/or the Montreal Convention.

Weclaim has extensive experience in obtaining the full losses of customers (for instance loss of family holiday expenses, loss of business conference meeting expenses, etc). Weclaim takes these matters all the way to the courts to obtain the compensation owed to you.

If you suffered additional damages following a flight disruption or cancellation, get in touch and we will help you recoup your losses!

Note: you would still be entitled to compensation if the disruption occurred on a previous rotation - don’t take no for an answer! Click here to see our earlier article on previous rotations.

30 April 2019.

written by Frédéric PELOUZE, Weclaim Founder & Director

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