Can you get compensation for your last plane problem?

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To start
Your question:

New York Aiport : Flights delayed, cancelled, compensation, claim

Our answer:

According to the EC Regulation 261/2004, if a passenger travels with any EU airline flight departing from EU airports and gets a delay of more than 3 hours on the arrival at New York Airport, the passenger ought to be compensated by the airline for the inconvenience caused. Regardless of your native country or citizenship, if you are traveling from the non-EU airport using an EU airline to the EU airport, you can claim compensation. The EU air passenger right is applicable for everyone whose flight has been delayed for more than three hours, or flight has been canceled without a prior notification of 2 weeks, or denied boarding as a result of overbooking.


New York International Airport


In New York, this is the main and busiest airport and the fifth busiest airport. It server more than 50 million air passengers each year, though the number of passengers keep on increasing each year. Apart from having 4 runways, it has 6 terminals of passengers. So, it is known for connecting passengers across 6 continents and operating more than 80 airline flights. Also, it offers non-stop flight to different destinations across the world.


Flight Delay/Denied Boarding/Cancellation Issues


In this busy city and airport, there are more arrivals and departures as compared to other airports. With heavy cargo traffic, and air traffic, there are higher chances of flights being delayed or canceled at the airport. Nevertheless, with indemniflight’s assistance, you need not to be worried about the loss resulting from flight cancellation or delay. According to EC Regulation 261/2004, a flight departing from one of the EU states and is delayed at the New York Airport or the passenger traveled from the New York Airport using an EU airline and a flight delay is experienced at the EU airport, the passenger ought to be compensated for the delayed flight.


Air Passenger Rights


EC Regulation 261/2004 is applicable to passengers departing from EU and non-EU airports with EU airlines to EU destinations. Travelers should to know that flight delay reimbursement is based on some exceptions and conditions. If the airline delays or cancels a flight because of extraordinary circumstances, which the airline cannot control, there is no refund. Examples of such circumstances incorporate security concerns and bad weather.


Flight delay compensation


In case of a flight delay of not less than four hours for the flight that is to cover 3500 km or more; delay of three hours for the flight that covers less than 1500 km; delay of three hours or more for the flight that covers more than 1500 km, according to the EU norms, the passenger ought to be compensated. The reimbursement will only be given if the delay has been caused by extraordinary circumstances. You can use our compensation calculator to determine what to expect at the end of the claim process

Within EU

  • If your flight is covering 1500 km or less, you cannot get more than € 250 ;
  • If your flight is covering more than 1500 km, you can get up to € 400.

Between EU Airports and Non-EU Airports

  • If the flight is traveling less than or up to 1500 km, you can get up to € 250 ;
  • If the distance being covered by your flight is 1500-3500 km, you can get up to € 400 ;
  • If the distance is not less than 3500 and the duration of delay is more than four hours, you can get up to €600.

Eligibility for Compensation


The fact that the EC Regulation 261/2004 is a European law, it only works for the EU air spaces. Nevertheless, you need not to be an EU citizen for you to claim compensation. If your flight is departing from one of the airports situated in the EU (with any airline), or landing in the EU (with the EU airline), we can assist you to get a reimbursement. Since New York Airport is not situated in EU, you can claim a refund if the EU airline is departing from the New York Airport to any EU Airport.


Claiming Delayed Flight Compensation


The EU regulation of the delayed flight compensation makes it possible for the passengers to claim a refund for the delayed flights. Indemniflight can be of great help when it comes claiming refund, in addition to educating passengers regarding their flight rights. It is also our responsibility to respond to such questions like ‘how long will it take for me to be compensated?’ or ‘How much refund will I get for the delayed flight? We have experience in handling flight issues.


Flight Cancellation

When your flight is canceled, you can get the following :

  • Flight replacement to ensure that you get to the final destination ;
  • Full refund that is equivalent to the value of your ticket.

It is the responsibility of the airline to give you a notice of flight cancellation of more than 14 days before your departure date. Nevertheless, if the notification is given in less than 14 days, you are eligible for compensation. Even with a full refund, we can assist you to claim reimbursement for flight cancellations.




Due to flight delay or cancellation, you can be moved to a flight that will be moving the following day. With this in mind, you will have to find a place to spend that night. In such a case, it is the responsibility of the airline to offer you accommodation either at the airport or the nearest hotel.

If the airline fails to offer to offer you accommodation, you need not to be worried. Just look for a hotel and pay for everything and remember to keep the original receipts. The receipts will assist us in claiming your reimbursement.


Overbooked flight


New York overbooking is known for taking place when the airline soled more tickets than the number of passengers that flight can accommodate. In as much as overbooking seems to be legal, you can still assist you to get a refund.

The airline considers overbooking the flight to avoid having empty seats, especially when passengers do not show up on the departure time or date. Nevertheless, upon New York receiving a notification that your payment has been approved and registered, you will automatically get a confirmed reservation. So, with the confirmed reservation, we can assist you to file a claim for reimbursement.


Get insurance letter


You need to get the flight delay or cancellation confirmation in writing from the airline. The confirmation should to incorporate the details about new arrangements. For the process of claiming reimbursement to be effective and somehow fast, the cancellation or delay confirmation letter is essential. Nevertheless, the fact that it can be difficult to get it, we can guide you on how to get it since it will assist us as far as claiming reimbursement is concerned.

With the New York, the letter can be found on the customer care site. Moreover, there are paperwork involved associated with getting the letter.


Other entitlements

Right to Care


When you experience flight cancellation or delay at the airport, it is our responsibility to make sure that you get the appropriate help from the airline. For example, if the airline cancels your flight and you are left stranded at the airport, we will ensure that the airline provides you with meals and refreshments. The fact that you may need to communicate to different people, you will get free text, phone calls and email. If the circumstance forces you to spend a night outside the airport, the airline ought to cater for your transport cost and overnight accommodation. In addition, it should take care of you luggage.


Upgrading and Downgrading


The airline can offer you an alternate flight. Sometimes, this is always good since a passenger can get a higher class, which is different from the one he had previously booked without extra charges. Nevertheless, if the class of the alternative flight is lower, we can assist you to claim a refund. The refund can be 30-75% of what you had paid.


Obligation to Notify Passengers about Delay or Cancellation Compensation


Passengers should familiarize themselves with the EC 261/2004 regulation. It is the responsibility of the airline to display the passengers’ rights at the terminals or check-in counters.


Extraordinary Circumstances


Airlines are known for avoid paying a refund if the flight delay or cancellation is a result of extraordinary circumstances. These circumstances are beyond the control of the airline. If even if appropriate measures are taken, there are chances that the nothing can be done to prevent the cancellation, rescheduling, and delay of flight. Circumstances like lighting, terrorism, sabotage, and medical emergencies are among the extraordinary circumstances.

However, on various forums, it has become difficult to get the actual meaning of the extraordinary circumstance. For example, what a particular forum assumes to be extraordinary circumstances can be considered ordinary by another forum. If the airline gives reasons, such as technical difficulties, and operational issues, they need to compensate you since they do not fall under the category of the extraordinary circumstances. Moreover, flight crew strike is an ordinary circumstance that can be prevented by the management of the airline. We can assist to file a claim for compensation for delay or cancellation caused by flight crew strikes.


Connecting Flights and Cancellation Compensation


For connecting flight, the response as to whether you need to be compensated or not is a complicated issue. Nevertheless, your eligibility to be compensated is based on some factors. These factors incorporate the kind of booking, your final destination and many more. Generally, in as much as, under a single booking, it becomes easier for us to assist in getting your compensation.

If a passenger is using a connecting flight, if the entire journey started from Europe or is to end in Europe on EU flight, it is our responsibility to ensure that the whole journey is covered. The amount of money to expect at the end of claim process is directly proportional to your total journey.

On, there is a lot of information about the EC 261 regulation that is applicable to delayed flights, canceled flights, and rescheduled flights that you need to know. Contacting our customer service staff through email, text, or postal address is the fastest and the simplest way of getting to know more about your eligibility for the compensation.


Important Things to Consider


If you are traveling from or to the EU, for instance from London to any destination, the following are what you need to do when the airline unexpectedly cancels or delays your flight:
•    Have proof that the flight was canceled, delayed, or rescheduled, for instance traveling documents, boarding pass, and voucher. No matter what do not cancel flights on your own, Nevertheless, indemniflight can assist you with this.
•    As the airline to send you written confirmation of the delay, cancellation, or reschedule and the circumstances related to it.
•    Know the exact time of arrivals at your final destination: you can get this on the traveling program or at the terminal.
•    Do not accept any offer or sign anything, which waives the rights of passengers.
•    Keep all the receipts, if the situation forces you to spend extra money.


How Indemiflight Can Assist You Claim


Under the EC 261, if you want to file a claim for compensation, you are likely to experience some pushbacks from this airline. The fact that the law is on your side does not suggest that the process will be swift. In fact, the process can be time-wasting and tiresome, apart from involving a lot of paperwork, for instance, writing a letter addressing the airline about your complaint and sending it through their postal address. Moreover, we have a checker that assists us in getting flight information.
This is where indemniflight comes in. On your behalf, we will be responsible for handling all the necessary negotiations with this airline. We will contact the airline on your behalf. We are among the best compensation company that helps passengers to comprehend their rights, in addition to getting the most appropriate reimbursement for passengers that are or have been suffering as a result of their flight being canceled or delayed by the airline, as well as denied boarding issues. We have assisted several travelers to get a refund. Moreover, with us, you will avoid wasting time and energy since we will do everything for you. In addition, we do not get paid, unless you get your compensation and it is from it that we deduct 30%. This suggests that the process of claiming your refund is free, with or without insurance. We also have experts when it comes to matters related to claim your refund as per the EU 261 regulation. You will not complain about our services.