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When are you entitled to flight compensation?
In three situations, you may be entitled to flight compensation:
The rules are set out in an EU regulation (Council Regulation (EC) No 261/2004 of February 11, 2004).
Only if the airline can prove that there are “extraordinary circumstances” that could not have been avoided, you are not entitled to flight compensation.
For example, it is an “extraordinary circumstance” if the aircraft is hit by birds in the air (what is known in aviation as a “birdstrike”). A technical fault on the airplane, on the other hand, is not – as a starting point – an “unusual circumstance”. This has been established by the Supreme Court in two fundamental decisions, which the Flight attorney’s lawyer has argued on behalf of the passengers.
Read more about the concept of “extraordinary circumstances” here.
If you experience a flight delay, you need to find out what the flight delay is due to. You can ask the staff. This information can be important later when you need to make a claim against the airline, so we also recommend that you get the reason in writing.
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Flight compensation size
The amount of compensation depends on the final destination.
If your journey from Denmark goes to e.g. Crete, Mallorca or Malaga (or the opposite direction), you are entitled to approximately DKK 2,985 (equivalent to 400 Euro). If your trip goes further afield – for example, to Thailand, Dubai or Mexico – you are entitled to approximately DKK 4,500 (equivalent to EUR 600).
For shorter journeys within the EU – for example to Nice or London – the compensation claim is approx. 1,865 kr. (equivalent to 250 Euro).
The amounts are per person, so for example, if four of you are traveling to Mallorca together, your combined claim is almost 12,000 kr.
A child is also entitled to compensation, even if the full price of the flight ticket has not been paid. An infant without a seat of its own is entitled to compensation if it is listed in a confirmed reservation (e.g. the parents’ flight ticket) and if it is not traveling for free. According to case law, it is sufficient that an “infant supplement” (or similar) of a few hundred kroner has been paid.
Remember that your claim is only time-barred after 3 years. This means that we may also be able to help with compensation claims for delays and cancellations you have experienced in the past.
