Birmingham Airport : Flight delays, cancellations and compensations

Compensation for flight delay or cancellation at Birmingham Airport ?

EU Regulation 261/2004 enables passengers to claim up to 600€ as compensation for flight irregularities. After Brexit, one might be confused if these regulations still apply on flights from the UK as well. Let’s say Birmingham airport. The good news is, it does apply to not only Birmingham airport but to all other airports.

In case of any flight disruptions, EC 261 will act as reference. It includes all obligations of airlines as well as rules of compensation. The rule book states how much you can claim if the boarding is denied for any reason at Birmingham airport.

This might look very simple and easy. One might think that it is as simple as it looks in theory. But, the fact is, quite often it becomes way too difficult to get your claims because airlines are trying to get away with these claims on the basis of extraordinary circumstances.

This article will help you determine the amount of the compensation that the airline owes you when the boarding is denied at Birmingham airport because of any reason.

General flight delay compensation amounts

Generally, the amount of compensation that you are entitled to be determined by the distance of the flight. It is as following:

• Less than 1500km flights : 250 €.
• More than 1500km but less than 3500km : 400 €.
• More than 3500km flights : 600 €.

However, the amount of compensation is subject to the length of time of the delay. It can be reduced by 50% based on the length of the delay.

The table given below states the exact amount of compensation an airline owes you based on the distance of the flight and the time for how much it was delayed at Birmingham airport.

Length of delay                Less than 1,500 km         1,500 to 3,500 km            More than 3,500 km

0-3 hours                                             /                                              /                                              /

3-4 hours                                             250€                                       400€                                       300€

4+ hours                                              250€                                       400€                                       600€

Note :

By now, you might be wondering why is there a need to know how much you are entitled to claim for compensation of disbursed flights. Well, it’s because most of the airlines won’t always tell you the truth about how much they owe you. Some airlines operating from Birmingham airport might lie about your right to compensation under the excuse of extraordinary circumstances or technical fault. So it’s better to know your rights.

Intra-Community flights

Intra-community flights fly between 2 European countries, including the UK and all its airports. This means that a flight from Schiphol airport to Birmingham airport would be seen as an intra-Community flight.

However, with intra-Community flights, even if you have flown more than 3500kms, you would only be entitled to a maximum of 400€.

If an intracommunity flight arrives 3 to 4 hours late, you can receive only 200€ (50% of 400€) and so on.

Calculating your flight compensation for other specific cases

How much are you entitled if you miss a connecting flight ?

If you have a connecting flight and your first flight is delayed because of the airline, then consequently, you miss your second flight. This makes you eligible for a missed connection compensation because the airline is responsible for the delay.

The amount of compensation, in this case, can be calculated based on the distance between your point of departure, the initial one, and your final destination.

Who gets compensation for the flight of a business trip ?

If there is a flight irregularity at Birmingham airport during a business trip, even then the compensation will go to the passenger. It does not matter who paid for the ticket; the flyer will receive the compensation.

How much money are we entitled to if traveling in a group ?

If you are traveling as a group, then the compensation amount received by each passenger will be as per the previously stated sections.

Eg. If 7 people are on a flight of less than 1,500kms that arrived 4 hours late, then the group is entitled to 1750 € (250€ for each of the 7 passengers).

You would NOT have to split 250€ between 7 passengers.

Caution : remember that if you submit a claim for several passengers who booked the flight under the same booking number, i-e, as a group, the airline will try to get away with it by compensating for a single passenger. You must claim the remaining compensation- for all flyers.

If you find it hard to claim your rightful compensation, you can always seek professional help from indemndiflight.

Are babies entitled to flight compensation ?

Clearly, if a baby can be charged for his flight, then he is entitled to get compensation for flight irregularity as well. If the baby was traveling on your lap, there is little to no hope for compensation.

At Indemniflight, we are here to defend your air passenger rights. Our team of professionals helps you get compensation for your delayed flight.

When can an airline refuse compensation ?

European Regulation 261/2004 states that there are certain circumstances where airlines are indemnified from making compensation to passengers if there was any irregularity with the flight. These circumstances are referred to as “extraordinary circumstances.” The condition of extraordinary circumstances is applicable to airlines operating from Birmingham airport as well.

Events of “extraordinary circumstances” include:

• Bad weather such as snowstorms, windstorms, low visibility, etc ;
• Union strikes or airport personnel strikes ;
• Bird strikes ;
• Political unrest or civil unrest ;
• Air traffic control restrictions including runway closures ;
• Security concerns or threats.

Weather conditions are a very subjective phenomenon. Sometimes a small crosswind can become a reason for a flight to land as per schedule. On the other hand, a stronger headwind might not affect the flight at all.

Technical problems are usually not treated as ‘extraordinary circumstances’ always. And aircraft’s maintenance is that airline’s obligation. It is not something that arises as a surprise. Rather, an airport has to take care of it routinely. If a mechanical problem causes a flight irregularity that means that the carrier has not fulfilled its responsibilities.

So, if your flight was delayed at Birmingham airport on the basis of a technical problem, you can claim flight delay compensation.

As far as strikes are concerned, under the 2018 ruling of the European Court of Justice, not all strikes constitute force majeure events. If a strike is seen because of internal ‘wildcat strikes’ by flight staff, they will not be seen as exceptional circumstances. This is because it is the carrier management’s obligation to keep its house in order and avoid those circumstances that can pave the way for employee strikes, which result in delays, cancellations, and other flight disruptions. “Wildcat” airline strikes do not under fall ‘extraordinary circumstances’.

What are your rights in case of flight irregularity ?

Passengers are entitled to various services as part of their compensation plan if their boarding is denied because of a flight delay, cancellation, or overbooking.

Right to Care : Get Food, Transportation and Accommodation While Waiting

Food and Refreshments

Under EC 261, all airlines are obliged to make the waiting period as comfortable as possible. This is referred to as a passenger’s “Right to Care.” EU Regulation 261 states that in case of any flight irregularity, it is the responsibility of that airline to provide you with a meal, refreshments, access to phone calls, and emails.

Normally, airlines provide care to affected passengers by offering food vouchers. These coupons are expected to cover all necessary and required expenses.

There is no need to worry if the voucher does not cover all your expenses. You can always avail of amenities and buy necessities yourself.  The cost of these will be reimbursed by the airline. The airline is obliged to cover your additional expenses if you exceed the amount of voucher. However, make sure to hold on to the receipts of those expenses, so that you can claim and prove your purchases later.

Also, it is very important to keep in mind that receipts are the only acceptable proof of purchase. For claiming a refund or reimbursement, no bank statements are acceptable. Only and only receipts are acceptable for asking for a refund.

According to EC 261, the meals and other refreshments that you purchase during the waiting period must be “in a reasonable relation” to your waiting time. The “Right to Care” can be availed to a reasonable sum and purchases. In case of a delayed flight, a normal expectation is that you would need a meal every 2 or 3 hours.

Accommodation

If you face a flight irregularity, as a flyer, you are entitled to get accommodation because you have been forced by the delayed or canceled flight to spend the evening at the point of departure. If the airline has arranged an accommodation of your choice at some distant place from the airport, they must also cover for your transportation costs.

If your starting point is your own hometown and it is possible for you to stay at your place overnight, even then the airline will cover your transport expenses.

You should not leave the airport premises in case a flight has been delayed. Only if a flight has been canceled, you can consider leaving Birmingham airport.

As part of some compensation plans, passengers with flight irregularities, such as canceled flight, are usually given an alternate flight with a fixed departure time. Those whose flight has been delayed; on the other hand, can start boarding at any time.

In case of flight delay because of extraordinary circumstances, passengers are entitled to claim reimbursement for accommodation costs. This is because a flyer has to spend the night at the point of departure.

In any instance, all airlines are obliged to inform you about your rights under EC 261.

The right to care is a separate matter as compared to the right to compensation. For flight delay, you are entitled to receive a refund in addition to any delay reimbursement.

Claim Period : How far back can I claim for delayed or canceled flights ?

Different regions have different policies regarding the time limit during which you can claim compensation.  The claim period depends on the airline’s origin. In some countries, you may be able to claim flight delay compensation even 10 years old flights. EC 261 does not provide a hard and fast limitation period in this regard.

The time limit in which you can file claim differs in different countries as follows :

1 year – Belgium and Poland

2 years – Croatia, Switzerland, Slovenia, Iceland Slovakia

2 years 4 months – Italy

3 years – Austria, Czech Republic, Denmark, Estonia, Finland, Germany, Lithuania, Norway, Portugal, Romania, Sweden

5 years – Bulgaria France, Greece, Hungary, the Netherlands, Spain, Scotland

6 years – Cyprus, Ireland, the UK (except Scotland)

10 years – Luxembourg

No limit – Malta

Based on this, you can claim for compensation for flights that were delayed or canceled at Birmingham airport till 6 years of the event.

Some airlines, however, use legal loopholes to avoid paying out here, as well.

Indemniflight will help you receive your flight irregularity compensation real quick and easy!

That being said, airlines come up with an ‘excuse’ of bad weather, technical issues, or strikes as the reason for a flight irregularity. This is to get away with the compensation claims. In such instances, standing up for yourself and claiming your rights on your own can be a very frustrating and time-consuming process. Those few passengers who succeed in claiming compensation are the ones who have invested a lot of time and energies in this process.

It is indemniflight’s mission to protect air passenger rights. Our team of experts is here to ensure that passengers receive their rightfully owed delayed flight compensation. They will take care of all of the procedures involved and administrative hassle to get this matter sorted out.

You might want to take the airline to a court. However, poor representation in the court might not secure fair compensation. So, our team is here to take all the necessary legal steps.

At indemniflight, our team will:

• Conduct a thorough and complete investigation into the circumstances which caused the flight delay ;
• Communicate with the airline on a regular basis, and verify any information coming in from them ;
• Communicate and coordinate with the airport and the local civil aviation authorities ;
• Represent your case in court if the airline denies your right to delay compensation.