Flight Compensation: How to Claim €250–600

With the growth of international air transport, breaches of obligations undertaken by airlines are being recorded with increasing frequency. Flight delays, cancellations, or denied boarding not only disrupt passengers’ travel plans but also result in significant financial and non-material damage.

Many passengers are unaware that, in such situations, international and national legal instruments grant them the right to claim monetary compensation ranging from €250 to €600. This legal guide provides a detailed explanation of the legal grounds for obtaining compensation, the procedural steps involved, and the legal liability of airlines.

The primary international legal instrument for the protection of passengers’ rights is Regulation (EC) No. 261/2004 of the European Parliament and of the Council. The scope of application of this Regulation is clearly defined and also extends to the Georgian aviation market in the following circumstances:

• Departure from the territory of a Member State of the European Union: Any flight operated by any airline (for example, flights departing from Europe to Tbilisi, Batumi, or Kutaisi, regardless of the carrier’s country of registration).
• Departure from Georgia to the European Union: Where the flight is operated by an airline licensed in a Member State of the European Union (for example: Wizz Air, Lufthansa, Austrian Airlines, Ryanair, and others).

The right to claim compensation arises where one of the following three principal factual circumstances exists:

• Flight delay: Where the passenger arrives at the final destination 3 hours or more later than the scheduled arrival time.
• Flight cancellation: Where the flight has been cancelled by the airline and the passenger was not informed thereof within a reasonable period prior to departure.
• Denied boarding: Where the airline refuses to allow a passenger to board against the passenger’s will for its own commercial reasons.

Compensation Amounts Based on Flight Distance

The amount of compensation is fixed and is not dependent upon the price of the airline ticket. It is determined according to the flight distance:

• €250 — for all flights of up to 1,500 kilometres;
• €400 — for flights between 1,500 and 3,500 kilometres (including the majority of Georgia–Europe routes);
• €600 — for flights exceeding 3,500 kilometres.

Grounds for Exemption from Liability: Extraordinary Circumstances

An airline shall be exempt from the obligation to pay compensation only if it demonstrates that the flight cancellation or delay was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.

Extraordinary circumstances include:

• Force majeure weather conditions (adverse weather that poses a risk to flight safety);
• Restrictions imposed by air traffic control authorities;
• Strikes by airport personnel;
• Unexpected security risks (political instability, terrorist threats).

Important note: As a general rule, technical defects affecting the aircraft are not regarded as extraordinary circumstances. The timely rectification of technical malfunctions falls within the airline’s ordinary course of business and constitutes its direct operational responsibility.

Action Plan at the Airport

For the successful conduct of legal proceedings, it is critically important to secure and preserve evidence at the earliest possible stage.

• Written confirmation: Request an official document from the airline’s representative specifying the exact reason for the disruption.
• Travel documentation: Retain your boarding pass, baggage identification tag, and electronic ticket.
• Proof of expenses: If the airline failed to provide meals, accommodation, or transportation, retain all fiscal receipts in order to claim reimbursement of the relevant expenses at a later stage.

The Importance of Professional Legal Assistance

Despite the existence of clear international regulations, airlines frequently refuse to pay compensation voluntarily or offer passengers disproportionately inadequate vouchers, as a result of which passengers lose their right to pursue a genuine monetary claim.

KH&PARTNERS provides comprehensive legal representation and protection of passengers’ interests in disputes with airlines.

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