Has your flight compensation claim been denied? Or is it taking forever to get resolved by the airline? Denying compensation claims for vague reasons or adding unnecessary bureaucracy are just a few sneaky ways airlines try to get out of paying passengers the compensation they’re rightfully owed.
What is the reason they do this? In many cases, it works.
Passengers who are exhausted after flight delays on a long trip often don’t have the energy to dispute a claim. Or they don’t even know their rights when it comes to airline compensation.
Below, we’ll cover some of the more creative ways that we’ve seen airlines try to get out of paying compensation for cancelled or delayed flights, plus how to tell if this may be happening to you.
Airlines aren’t obligated to pay compensation for flights delayed or cancelled due to reasons beyond their control. Since they know this, they frequently use this loophole to their advantage and deny passenger compensation claims due to “extraordinary circumstances” or “bad weather."
In fact, airlines have been known to approve some compensation claims and deny some others from passengers on the same flight.
For example, in March, Edelweiss approved compensation of €1,800 for a flight from Cancun to Zurich, acknowledging that the delay was due to technical difficulties on a flight on a previous rotation. However, another passenger on the same flight had his claim denied, with an email from Edelweiss claiming the same flight was delayed due to the weather.
In other cases, WestJet and Air Canada have denied some passengers’ claims and then approved the claims of their travel partners. In these cases, the partners whose claims were denied got vague reasons such as “operational issues.”
These cases suggest that some compensation claims aren’t getting proper evaluation, and instead may be carelessly rejected for incorrect reasons.
In one case, Turkish Airlines (an airline notorious for avoiding compensation claims) argued that the signatures on a passport and authorization form were different – even when it was obvious that the forms were signed by the same person.
The airline rejected the passenger’s compensation claim, but the fact that the signatures were clearly from the same person suggests that the airline was actively avoiding their responsibility to pay.
Although you might not see this exact tactic happen everywhere, it’s not uncommon for airlines to use malicious bureaucracy to avoid paying out compensation.
In other cases, airlines will offer travel vouchers to settle claims. But sometimes, the vouchers are less than what the passenger is legally entitled to.
In October, Air Canada began reaching out to passengers whose claims were stuck in the Canadian Transportation Agency’s backlog of flight delay compensation claims with vouchers worth much less than their claim.
For example, one passenger was offered $225 in cash (or a $400 voucher) to settle a $1,483 claim. While the passenger didn’t accept the offer, some passengers waiting in the backlog do accept in order to get paid faster.
In this case, the airline is taking advantage of the slow complaints resolution process to avoid having to pay the full fee. They know that many passengers who need money now will accept cash settlements rather than wait another year.
In many cases, airlines will use vague reasons to explain flight cancellations and delays such as “extraordinary circumstances.” This often makes passengers assume that the delay isn’t eligible for compensation, even when it may be.
Some passengers have noticed that when the delay is announced, the airline says one thing – “weather conditions,” or a “labour dispute” – but then the reason changes with each communication.
That’s a red flag that the airline is just making up reasons rather than telling passengers the truth about why the flight is delayed. In many cases, passengers who take airlines to court find that the airline doesn’t even defend their claim in the end, likely because they didn’t have evidence to begin with.
While it’s true that many airlines try to get out of paying compensation, it’s also true that airlines are sometimes genuinely exempt from doing so. Inclement weather, air traffic control issues, and factory issues with aircraft happen all the time.
So how do you know if you’re entitled to compensation or not?
Even if you don’t check your claim, there can be some telltale signs that airlines aren’t being forthright with the reason for the delay. For example:
Finally, you can get advice from our experts at Click2Refund any time. Simply describe your situation, and we’ll tell you whether or not we believe you may be entitled to compensation.
Fortunately, there’s a lot you can do to fight for your claim if you think you may be entitled to compensation. Here are three important things you can do right now if your flight has been delayed or cancelled:
One final point: don’t give up! Even if your flight delay was months ago, you can probably still claim compensation for it. Next, we’ll take a brief, deeper dive into your rights as a passenger around the world.
Don’t know what your rights are in the first place? Here’s a brief summary of your rights in various countries. These rules apply if the flight delay is within the airline’s control – so they might not apply in cases of extreme weather, air traffic control issues, and security issues at the airport.
Under EC 261/2004, passengers are entitled to compensation for delays over three hours, cancellations, and denied boarding. Compensation ranges from €250 to €600 based on flight distance, and airlines also have to offer meals, refreshments, and accommodation if necessary.
The US doesn’t have federal regulations requiring airlines to compensate passengers for delayed or canceled flights. But airlines are required to make the refund in full for cancelled flights in 7 days for credit card payments and in 21 days for other methods of payment. This rule also applies for delayed flights if the passenger doesn’t accept the alternative flight offered. (delay must be 3 hours for domestic flights and 6 hours for international flights)
Post-Brexit, the UK has created its own version of the EU's EC 261/2004 regulations, which are essentially the same. This means passengers flying from the UK with any airline or with a UK airline from the EU and from third countries are covered under the same compensation rules as those in the EU, with up to £520 in compensation for significant disruptions.
Under the Canadian Air Passenger Protection Regulations, passengers are entitled to compensation up to CAD $2,400 for flight delays, cancellations and denial of boardings. Like in other countries, airlines must also provide food, drink, and accommodation where necessary.
In Brazil, the ANAC 400 regulation ensures passengers are entitled to compensation if they are denied boarding, and they must be rebooked on the next available flight or receive a refund. In addition, Brazil lets passengers claim “moral damages” due to mistreatment or stress the airline caused.
With all the hassle it causes for both airlines and passengers, you might be wondering: why can’t airlines just do everything in their power to avoid delays in the first place? After all, over half of flight delays are the airline’s fault – suggesting there’s something more going on rather than extraordinary circumstances out of airlines’ control.
Here are a few reasons why we’re seeing more flight delays:
Add in climate change, political instability, and tightened security protocols, and processes are more complex at airlines and airports.
If your compensation claim has been denied, keep one thing in mind: statistically speaking, it’s probably their fault. Even if they have told you the flight was delayed due to reasons beyond their control, it’s always a good idea to double check with a third party just in case.
That’s where Click2Refund comes in.
In addition to helping, you determine whether or not you’re eligible for compensation, we can help win compensation on your behalf. We do all of the legwork to submit your claim and challenge it if necessary, and even take it to court if we think it will win.
We also operate on a no-win, no-fee basis, meaning that you only pay a percentage of your compensation if we win your claim. If your claim is legitimately denied and you aren’t entitled to compensation, you won’t pay out of pocket for our service.
If there’s one takeaway, it’s this: don’t take airlines’ reasons for delays and cancellations at face value. Even if the airline’s reason sounds convincing, they may be trying to get out of paying you compensation you’re rightfully owed.
And if your claim is denied by the airline, remember ultimately, it’s not up to them. If the airline is responsible for the delay, they must legally pay you for the inconvenience. You’ve paid them well for a service you’re depending on for a vacation, for work, for a move, or for a family reunion. At Click2Refund, we believe that airlines should deliver the service they promised to passengers.
So remember, if an airline denies your claim, take it with a grain of salt! Talk to us today if you think you might be entitled to compensation – we’ll be happy to fight for your compensation on your behalf.