Has your flight compensation claim been rejected? It can be a frustrating experience, especially if the airline makes vague claims about “extraordinary circumstances” that delayed your flight. Unfortunately, it’s a common experience for passengers who submit claims to airlines on their own.
If this has happened to you, it’s not too late to take action.
When your claim has been rejected and you’re not sure why, you still have a chance to secure compensation. And if you haven’t submitted your claim yet, even better. Before you do, read this first – or contact Click2Refund for more details on what you need to do to make sure your claim is heard properly right from the start.
If you’re not sure about what your rights are, here’s a brief overview.
Airlines have to abide by an international treaty known as the Montreal Convention, which establishes airline liability in the case of major accidents and delays, as well as the damage or loss of baggage and cargo. It covers 135 countries, but many regions have their own laws with higher standards for passenger protection.
For example, EU/UK Regulation 261 establishes passengers' rights in cases of flight delays, cancellations, and denied boarding, with compensation for a delay of over 2 hours. If your delay is 2 hours or more, the airline has to provide you with food, refreshments, water, telecommunication access, and hotel stays if necessary. If it’s 3 hours or more, you’ll be entitled to compensation of up to €600 depending on the length of your flight.
Countries like Canada and Brazil have their own laws, which offer similar compensation.
But there’s a catch: extraordinary circumstances exempt the airline from paying out claims. Circumstances like these include:
In cases like these, your claim will be denied because the delay wasn’t the airline’s fault. But airlines aren’t always forthright about the reasons why flights were delayed, especially if claiming “extraordinary circumstances” means they can avoid large payouts.
Many airlines claim that “extraordinary circumstances” were the cause of a flight delay, especially when passengers submit flight compensation claims on their own. That’s because individual passengers often don’t have the time or the resources to pursue the claim further.
If you’ve recently submitted a flight compensation claim on your own, you’ll know firsthand that it can be an ordeal. Gathering the evidence and then trying to communicate with the airline can be frustrating, especially after a long flight that didn’t go as planned.
But when passengers do appeal denied claims, relevant authorities often find that the airlines don’t have evidence to back up their claims, including what reasonable measures they took to avoid the delay.
If your flight compensation claim has been denied, talk to us. Click2Refund has won cases in more than 30 countries, resulting in compensation for our clients – even when their claim was denied by the airline at first.
Here are a few real-life examples of passengers that won their claims with Click2Refund:
Flight from London to Amman: The passenger filed a claim due to a flight delay, and the airline claimed that the delay was due to adverse weather. But while they notified the passenger about the delay, the relevant authority found no evidence linking the weather conditions to the delay, and the passenger was awarded 1,560 GBP.
Flight from London to Bucharest: The passenger filed a flight delay claim and the airline claimed that a bird strike on an earlier flight caused the delay. But again, the airline didn’t have evidence linking the flight delay to the bird strike, and the passenger was awarded 700 GBP.
Flight from London Gatwick to Naples: The passenger filed a claim due to a flight delay, and Wizz Air cited ATC restrictions as an extraordinary circumstance. But the airline didn’t have evidence to link those restrictions to the delay, and the passenger was awarded 350 GBP.
Flight from Tirana to London Luton: Once again, a passenger claimed compensation for a flight and the airline argued that the delay was due to adverse weather. But the judge couldn’t find evidence of reasonable measures taken to avoid the delay, so the passenger was awarded 350 GBP.
Flight from London to Tirana: A passenger filed a claim due to a flight delay and the airline claimed the delay was caused by a bird strike. Although there was evidence of the bird strike, there was no evidence linking the strike to the delay. The passenger was awarded 350 GBP.
Part of the reason we were able to win these cases is because we understand your rights as a passenger. Airlines can’t just make vague claims about delays without evidence; your rights include the right to a review of their evidence to ensure that it matches the reason for the delay.
In these cases, many passengers find that they actually were entitled to compensation, even when airlines deny their claims at first.
The common thread in these cases is that airlines have to provide substantial evidence to support a claim of extraordinary circumstances – and many of them don’t. The law states that the onus is on the airline to prove that a delay or cancellation was actually out of their control, meaning you don’t need to start hunting down weather reports and air traffic control records to prove otherwise.
And even when airlines have evidence for the reason itself, they also need evidence to prove that they took every reasonable measure to avoid the disruption.
That means they have to provide evidence for:
The reason for the disruption, including evidence that the extraordinary circumstance actually happened whether it was a bird strike, bad weather, or air traffic control issue. Sometimes this is the evidence that’s missing.
For example, some airlines may claim that there was an air traffic control communication sent that delayed a flight but won’t have evidence to back up this claim.
The measures they took to avoid the delay, which links the evidence to the flight delay itself. This is an important piece, because bird strikes and bad weather happen all the time. They don’t necessarily mean that a domino effect will delay all the flights that day.
Additionally, many airlines will claim that technical malfunctions were an extraordinary circumstance – but they have to prove that these technical issues fall outside of the definition of routine maintenance.
Communication they sent to passengers in cases where the airline claims that they notified passengers about a delay or cancellation early enough to avoid compensation claims. They’ll have to prove that the communication was clear and accessible to passengers, and delivered in a timely fashion.
For example, a weather report that shows bad weather wouldn’t necessarily be enough for an airline to refute a claim; they would have to also prove that there was a flight scheduled to leave on time and that they took every reasonable action they could to ensure a timely departure.
In order to increase the likelihood of a successful claim, you’ll also need evidence. Although it’s the airline’s responsibility to prove they weren’t at fault, any evidence you have can help your claim. Collect things like:
Boarding passes and receipts that show the time your flight was originally scheduled. This can help ensure you get the full compensation for the length of your delay, as compensation in some countries will depend on how long you wait.
Communications from the airline, especially if they make claims about the flight delay. This is important because if the airline notified you in advance, your compensation will depend on how far in advance they notified you.
Meal and hotel receipts for delays longer than two hours. Many passengers try to get reimbursed for these expenses in court, only to find that they lack the evidence they need to prove how much they spent as the result of the delay.
Fortunately, much of this evidence will be online. However, it’s always a good idea to start saving these types of things together as soon as you know your flight will be significantly delayed. That will help you save time in the future when you need to pull them up.
If an airline has rejected your compensation claim, it’s not the end of the road. But professional legal assistance is invaluable in taking the next step. With expertise in aviation law and passenger rights, Click2Refund can advocate for you with a comprehensive review of your claim.
If we think the claim was unjust, we’ll be able to contest the rejection swiftly and efficiently. This attention to detail can make a significant difference in the outcome of your claim.
Why shouldn’t an individual passenger contest a claim? You can, but it’s not advisable.
Airlines know that a well-organized legal company like Click2Refund will explore all possible avenues to secure compensation for our customers. Our thorough approach means that airline companies carefully evaluate our applications, leading to successful claims for compensation that were previously denied.
On the other hand, contesting a claim on your own is more of an uphill battle.
You may end up spending weeks or even months waiting for a judgment on your claim. This makes it far too easy to spend more time and money than you intended, especially if you have to do your own research to advocate for yourself.
Professional firms like Click2Refund offer an efficient alternative to help with your claim, on a no-win-no-fee basis. That means you’ll only pay if your claim wins, and you won’t spend hours communicating with airlines and government authorities.
If you haven’t yet filed a claim, it’s advisable to go with a professional right from the start.
That’s because with the right guidance and expertise, you’ll be able to understand your rights and file a claim without the administrative hassle of dealing directly with the airline. We’ll be able to tell you whether or not your claim is valid, and if so, how much you’re entitled to.
Best of all, you’ll be less likely to have your claim denied at all, since airlines know that we understand passenger rights. We’ll be able to tell if an airline is offering you less than you are legally entitled to, or an alternative that doesn’t meet the legal standards in their country.
There are also cases where you will have the option to decide which country to submit a claim with. For example, a flight is covered under both EU law and Canadian law if it’s flying from an EU airport to a Canadian one.
In those cases, we’ll be able to help you understand which country offers better compensation and where your claim will be most likely to win.
Remember, even if your flight compensation claim was rejected, that doesn’t mean that you aren’t entitled to compensation. Airlines frequently reject claims due to “extraordinary circumstances” that are really just reasons not to pay out passengers.
We can help you collect claims for issues like flight delays, cancellations, denied boarding, and missed connections. If it costs you more to get from point A to point B on your flight, reach out to see if we can help. We’re here to uphold our 98% success rate in court – so if we take on your claim, we’re in it to win.
With our no-win-no-fee policy, you’ll only pay if your claim wins. In less than two minutes, you can submit your flight information today and we’ll get started on your claim right away.
Don’t let airlines inconvenience you more than they already have! We’re here to help you get the compensation you deserve, even if your claim has been denied already.