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What is Article 5 Clause 3 of EC 261 2004?

Article 5Cancellation 3.An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.



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When flying from the U.S. to Europe, only flights operated by an EU-based airline will be eligible for EU261 flight delay compensation. This means if the operating airline is Aer Lingus, Air France, Iberia, Icelandair, KLM, Lufthansa, SAS, Swiss, TAP, or another EU-based carrier, the EU261 rule will apply.

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Under EU261 rules, you may be entitled to up to 600 euros (~$630) in compensation if you arrive at your destination four hours late (or more) when flying long-haul, with lower payouts on shorter flights within Europe.

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You'll have to fill in the specific EU261 compensation form to make your claim. You can do this via the Delta website, or use AirAdvisor instead. If you choose us, you'll benefit from a team of friendly travel experts who can help you every step of the way.

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Claiming Compensation for Flight Delays and Cancellations Delayed flights: you may be able to claim compensation if your flight arrived 3 hours or more late. Cancelled flights: you may be eligible for compensation if your flight was cancelled less than 14 days before it was due to depart.

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If airlines cancel a flight for any reason, passengers are legally entitled to a full refund, including for ticket price, taxes, baggage fees, extra charges and ancillary fees. Travelers must receive that refund within seven business days if they paid by credit card, and within 20 days if by cash or check.

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To receive compensation, you must file a claim with the airline for the delay, and the delay must have been caused by a factor within the airline's control (so a weather delay wouldn't count).

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Lost, Damaged, or Delayed Luggage
If your baggage is lost, delayed, or damaged on flights that are covered under EU261, there are protections in place. If your baggage is delayed or lost, you can claim damages up to €1,300 ($1,728 CAD).

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What if my connecting flights are operated by different airlines? If a flight delay leads to a passenger missing a connecting flight, and the delay at the final destination is 3 hours or more, they have a valid claim for compensation.

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There's no official requirement for passengers to receive a refund or reimbursement as a result of a flight delay, though the DOT's delay and cancellation dashboard can help travelers better understand what they're entitled to.

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But just because you can't normally sue an airline if your flight was canceled, doesn't mean you don't have any rights at all. In 2011, the DOT enacted an airline passenger Bill of Rights -- a list of consumer protections regarding lost luggage, long delays, hidden fees, and getting bumped from your flight.

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When flight delays or cancellations occur, airlines are often responsible for providing accommodation to affected passengers. The process of arranging accommodations can vary depending on the airline's policies and the specific circumstances of the delay.

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If a flight is cancelled more than 14 days before it is due to depart, the airline is responsible for providing you with a full refund. The airline may offer you an alternative flight, either on their airline or another airline. This is known as re-routing.

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In the United States, airlines are not required to compensate passengers when flights are delayed or cancelled. Compensation is required by U.S. law only when certain passengers are “bumped” from a flight that is oversold.

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Send a demand letter to the airline (also known as an airline complaint letter). File a complaint with the U.S. Department of Transportation. File a complaint with the Better Business Bureau (BBB). File a small claims lawsuit against the airline.

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Travelers who lose their luggage during a domestic flight can claim up to $3,000 per person. In the case that a luggage piece contains the belongings of two air passengers, then the maximum compensation amount will be $6,000.

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Significant change In most cases, the airline will offer you the choice between getting a reimbursement or a rerouting on a comparable flight. Note that if the airline offers you a rerouting as an alternative to the schedule change, you do NOT have to accept it if the flight is not to your convenience.

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