When your flight is canceled/delayed due to a storm
Knowing that thousands of flights are carried out every day by air carriers, several of them are faced with major forces, which are beyond their control, and force them to delay or even cancel their flights.
Situations which can cause harm to passengers, who would like to be compensated, according to European Union Regulation No. 261/2004, which protects travelers and provides them with compensation and care, under certain conditions.
Flights covered by EU 261/2004 :
All flights departing from the European Union (Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Countries -Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden), in addition to Norway, Iceland or Switzerland, whatever the nationality of the air carrier, and whatever the destination of the flight, are affected by these Regulations. In addition to those from third countries, which are operated by a European Union carrier, and destined for an airport located in the European Union, Norway, Iceland or Switzerland.
Plane struck by lightning :
According to European Regulations, air carriers responsible for a delay of 3 hours or more, or who have not informed their passengers of a flight cancellation at least two weeks in advance, or who refuse boarding to their Customers, against their will, are obliged to pay them compensation of up to 600 euros, depending on the flight itinerary.
However, if the air operator can prove that these inconveniences were caused by an extraordinary circumstance, which could not be avoided, such as in the case where an aircraft is struck by lightning, and which causes breakdowns, the preventing the flight from being carried out at its scheduled time…
In this case the airline does not have to pay financial compensation to its passengers. Indeed, in a judgment of September 12, 2018, the Court of Cassation specifies that the airline is not required to pay compensation if it demonstrates that the delay is linked to exceptional circumstances which could not have been avoided.
Extraordinary circumstances are considered to be : all weather conditions unfavorable to flying (wind, storm, lightning, etc.), situations of political instability, risks linked to ground security, employee strikes at the airport, natural disasters ( flood, tsunami, etc.).
The right to refund and support :
In the case of a flight delayed by more than 3 hours, or canceled due to a plane being struck by lightning, the company must cover its passengers for the waiting time at the airport. This means that it must offer them the following services, beyond a 2-hour wait :
- Drinks and meals
- Two calls or 2 emails
- One night in a hotel and transportation to get there, if the flight is postponed until the next day.
Beyond 5 hours of waiting, the traveler has the choice between :
- Refund of their ticket, within seven days, if they cancel the trip.
- Re-routing to its final destination, under comparable transport conditions and as quickly as possible.
- Re-routing to its final destination under comparable transport conditions at a later date, at their convenience, subject to seat availability.
- Re-routing to its destination or point of departure, with another means of transport.