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When purchasing tickets from any airline company, a contract of carriage is signed with the Passenger. This contract is regulated by number of international legal instruments , which in turn contain provisions such as the basic rights of the Passenger in case of flight delay or cancellation, the amount of compensation to be granted, and similar situations. Compensation, as a rule, is provided by the airline (air carrier) or in some cases by another person/entity.
An important condition for flight delays or cancellations is financial compensation, which is the responsibility of the airline (technical reasons, absence of aircraft, emergency landing, crash, etc.), an exception may be the "extraordinary circumstances", though even in this case according to the European Union (EU) regulations the airline is responsible to take care appropriately of the passengers starting from the cases of 2 hours delay.
As a rule, some airlines automatically decline and refuse the individual claims of the Passengers, arguing extraordinary circumstances as a justification, which is very often an easy pretext to mislead, distort the real reasons, bypassing the passengers as the concept extraordinary circumstances and its interpretation is described and defined taking into consideration a number of important standards and judgments within the case-law.
According to the regulation, in case of delay or cancellation of the flights, the airline is obliged to fulfill one or more of the following conditions, depending on the specific situation:
European Union 261/2004 Regulation and respective case-law stipulate that the airline is obliged to provide a free hotel room in case of a long night stay, as well as to provide free transportation of Passengers from the airport to hotel and back.
If the passenger is informed about the flight delay or cancellation 14 days (two weeks) beforehand, then, normally, no compensation is provided. The compensation amount depends on the following factors:
Generally, travellers are not aware of their rights. Passanger.am is here to help you. We shall let you know in case you are entitled to compensation. Moreover, you can be sure that we shall protect your rights.
Flight delay
If the air carrier is responsible for the flight delay, then it must take appropriate care of the Passengers. In case of delay/cancellation the Passenger has the right to refuse the flight, demand refund for the caused damages and compensation of the initial ticket value, in some cases request to fine the carrier, and get free services for luggage storage, provision of cold refreshments and meals, etc. If a European airline is responsible for 3 hour and more flight delay, the Passenger has the right to get compensation from the airline up 250-600 euros according to EU Regulation 261/2004.
Flight cancellation
In case of flight cancellation, passengers should be offered a free alternative flight or a full refund of the ticket. It is also important to take into account the time period when the Passenger was notified of the cancellation: more than 14 days, 7-14 days or less than seven days from the originally scheduled time of the initial flight departure. If the flight is cancelled without a notice at least 7-14 days in advance, the Passenger may be entitled to receive compensation from the airline up to 600 euros in accordance with EU Regulation 261/2004.
Boarding denial
If the Passenger was denied boarding, the airline must compensate the full cost of the ticket within 7 days or book another flight to the destination. In addition, the airline must take appropriate care of the Passenger: for instance, provide with food and refreshments, accommodation and transfer to the hotel, depending on the time period the Passenger will have to wait at the airport.
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