Making a Flight Claim is easy with myplaneclaim.com
All you need to do is fill in a simple online form; there is no complicated paperwork to complete. As a specialist legal firm we are able to submit your claim to the airline & negotiate the best compensation available to you on your behalf. If necessary we will take legal action (all no win no fee) against the airline.
You receive your compensation of up to £540 per passenger.
Flights cancelled and/or delayed due to weather
If passengers are unable to fly on time due to severe weather conditions, thick fog or an ash cloud, generally speaking, they are not entitled to compensation. Weather conditions come under the “extraordinary circumstance,” as referred to in Article 5 III of Regulation (EC) No. 261/2004. The airline has no control over such circumstances, nor can they stop them from arising, even if “all reasonable measures had been taken by the air carrier concerned to avoid the delays or cancellations” – according to the EU Regulation.
When am I entitled to compensation in the event of storms?
- If other flights are taking off at the same time, this may be an indication that your flight could have gone ahead; and:
- Your flight was no more than 6 years ago.
- You arrived on time at check-in
- Your flight started within the EU or landed in the EU. In the latter case the airline must be based in the EU
- You arrived at least 3 hours later at your final destination
What should I do if my flight is disrupted due to weather?
- Ask the airline to confirm the reason for the delay in writing
- Make use of the complimentary food and drinks at the airport
- Check if other flights at the airport are operating
- Use our compensation calculator to check if you have a claim
Is it possible to claim compensation for bad weather?
As established by EU Regulation 261/2004 , passengers can receive between €250 and €600 in cases of flight delays, cancellations or overbookings. The exception to the rule are flight disruptions caused by ‘extraordinary circumstances’. In this case airlines are under no obligation to pay out compensation to customers. Extreme weather conditions such as ash cloud fall under this category and thus passengers are not eligible for a compensation.
However, there are exceptions to this rule, under which the airline may be held liable for damages caused by cancellations or delays. In order for the European Regulation to apply, the flight must have taken off from a European airport, or must have been operated by a European airline and landed in the European Union. These conditions apply regardless of the ticket price, and also apply to those travelling on business or on package holidays. Your claims are valid up to 6 years retrospectively.
In which cases will you not receive compensation due to bad weather?
Passengers are not entitled to compensation due to adverse weather conditions if any of the following events occur:
- Ash cloud: When a natural disaster occurs, it’s force majeure. Air traffic is affected and flights cannot operate. The ash cloud hinders the visibility of the pilot and ash particles can affect the sensors of the height and speed measuring instruments.
- Adverse weather conditions: Aircraft must often remain on the ground or take off later when extreme weather occurs. Adverse weather conditions such as snow, storm, freezing rain or fog exempt airlines from paying compensation.
- Stormy front: The Darmstadt Regional Court ruled that there is no compensation either, if the previous flight is forced to land in an emergency because of a stormy front and the next flight is delayed or cancelled as a result.
How much compensation can be claimed?
For flights delayed by more than 3 hours, cancellations or denied boarding? The European Regulation allocates different amounts of compensation depending on the distance of the flight:
- If the flight distance is up to less than 1500km, the value of the compensation is €250 for a delayed, or cancelled flight or overbooked flight.
- If the flight distance is between 1500 km and 3500 km, the value of the compensation is €400 for a delayed, or cancelled or overbooked flight.
- If the flight distance is greater than 3500 km, the value of compensation is €600 for a flight delay a or cancellation or an overbooked flight.
Airlines using bad weather as an excuse
When an aircraft’s take-off is delayed or cancelled due to bad weather, this is presumably because the conditions are such that it is deemed as unsafe to fly. If this is the case then of course it makes sense for the airlines to postpone flights until a suitable time arises. But, the airlines have been known to use bad weather as an excuse for what was actually an avoidable delay or cancellation. However, a key indicator to determine the veracity of the airline’s claim will be if the other airlines are operating flights as normal while yours is disrupted.
Airlines sometimes cite “bad weather” as the cause for flight disruption, in order to alleviate themselves from issuing compensation. This becomes evident when your flight is cancelled, but the other airlines’ flights are not affected by the so-called “bad weather”. However, it is difficult for passengers to prove that the aircraft was actually capable of taking off. We have databases to check both the weather and flight information, so we can easily determine which aircraft were able to take off or not. This is a valuable asset to support your claim.
Another pretext commonly invoked by airlines is the absence of de-icing fluid in an aircraft. In recent years, many airlines have considered a flight cancellation due to negative temperatures and the impossibility of de-icing their aircraft as an “extraordinary circumstance”. Airlines can be held liable for the non-defrosting of their aircraft if the delay due to bad weather is related to a lack of de-icing fluid. In this case, it is not an “extraordinary circumstance”, since the company should have anticipated the problem, and you can therefore claim compensation.