Many may be thinking about returning home for Christmas. In fact, the more forward-thinking ones may even have already bought their tickets, especially if the trip is a long one.
Flying at the height of the high season and at a time of the year when weather can be a problem makes it possible to flight delays and cancellations . Thus, passengers who are going to board a plane in the coming weeks should know what their rights are and what they can claim or, if not, know that they can count on the assistance of AirHelp and its qualified staff to advise you on what to do to claim a cancelled flight from Air Europa or any other airline.
Knowing the rights of passengers in case of delay or cancellation is especially important when the airport of origin is outside the European territory and the airline is not European either, because in these cases, passengers are not protected by the EC Regulation 261 . European regulations governing the cases in which passengers can claim financial compensation from airlines.
What regulations protect me if I fly from outside the EU on a non-European airline?
If you fly, for example, from the United States, the regulation that protects you is the Montreal Convention. This convention includes 120 countries, including both Spain and the United States. However, the rights it contemplates are not as extensive as those included in the European regulations. Thus, for cancellations of international flights between the countries included in this convention, passengers can only claim a refund and an amount related to the damage caused (losses and expenses arising from the cancellation).
However, this is not even true in all cases. For the causes are the ones that will determine whether it is possible to claim the amount of the damages derived from the cancelled flight or not.
On the other hand, if the flight is with origin and destination within the same country, an alternative flight should be requested and possible compensation negotiated with the airline, but this is not usual, as they are not obliged to do so.
In which cases can I claim a cancelled flight from Air Europa or any other European airline?
The best way to fly if the destination airport is within the European Union (and the airport of origin, as we say, is outside) is with an airline that is European, as is the case of Air Europa. In this way, it does not matter where the airport is. From wherever your flight is cancelled, in these cases, as a passenger on a flight with a European destination on a European airline, your rights will be protected by the European regulation, which offers broader coverage.
However, not everything is covered and not in all cases it is possible to file a claim. Again, the causes are important, so flights cancelled for reasons beyond the airline’s control cannot be claimed. This is especially important at this time of year with regard to bad weather.
In months when heavy rains and snowstorms can be common depending on the country, it is important to know that, in principle, airlines will not have to pay any compensation if your flights are delayed or cancelled for these reasons.
However, delays due to other causes, such as airline staff strikes (there are some called until the end of January next year) can be claimed. But be careful, because not all strikes are valid. Strikes by airport staff (security, air traffic controllers, etc.) are not considered to be under the control of the airline. Therefore, if the flight is cancelled due to one of these strikes, the airline is not obliged to pay financial compensation.
Even so, those who have not yet purchased their tickets to fly this Christmas are still in time to do so with a European airline. In this way, they will be sure to fly with the highest possible rights coverage.
