Complain to the Airline
The initial step in making a compensation claim for a delayed flight is to file a complaint with the airline. Use their specific complaint form or the EU air passenger rights form. The form will ask for your personal information, such as:
- Your full name
- Email address
- Nationality
- Country of residence
Additionally, you will need to provide details about the incident, including a description of what happened. Once you have filled out the form, print and sign it. While you can send it by mail, it is generally more efficient to scan and send it via email. Always keep a copy of the completed complaint form for your records.
Complain to National Authorities
If the airline does not respond within two months or if you are unsatisfied with their response, you can escalate the issue to the relevant national authority in the country where the incident occurred. Send them an email with the complaint you originally submitted to the airline and explain the situation.
Use Alternative Dispute Resolution (ADR) / Online Dispute Resolution (ODR)
If you are unable to resolve the dispute with the airline directly, you have the option to use Alternative Dispute Resolution (ADR) or Online Dispute Resolution (ODR):
1. Alternative Dispute Resolution (ADR): This method involves neutral out-of-court bodies such as conciliators, mediators, arbitrators, ombudsmen, and complaints boards. These bodies help find or propose solutions and operate under EU law, ensuring the process is effective, fair, independent, and transparent.
2. Online Dispute Resolution (ODR): If you purchased your ticket online, you can use the ODR platform to submit your complaint. You and the airline will need to agree on the ADR body that will handle your dispute.
Note: ADR and ODR are only available to EU residents.
Go to Court
If other methods fail, you can pursue a formal court procedure using the European Small Claims Procedure. This allows you to file claims against entities located in another EU country for amounts up to €5,000.
To file your claim:
1. Complete form A and attach any supporting documents (e.g., receipts or invoices).
2. Send the form and documents to a competent court in your home country or the other EU country involved.
3. The court will review the form and documents, reaching a decision on your claim. If information is missing, they will request you to complete form B.
You will need to pay a court fee, which will be reimbursed if you win the case. The fee amount varies depending on the country of the court.