Reader Question: Air India FCO-DEL 5.5 Hours Delay & EC 261/2004 Compensation?

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A LoyaltyLobby reader sent us an email about long flight delay on Air India flight ex-Europe and EC 261/2004 compensation.

Remember that you can always email us, send a message via Facebook or use Twitter and include photos too. We’ll try to cover Reader Questions & Comments here several times a week.

Here’s the email from the reader:

A few months ago i was traveling Air India on a one way ticket from FCO-DEL and the flight was delayed by more than 5.5 Hours due to a technical reason and all Air India offered was a meal.

I wrote to their website on feedback about the compensation but they never replied. Am I entitled to compensation as per EU rules?

Air India is not a so called “community carrier” but it doesn’t matter because the flight originated from the European Union.

The flight delay was excess of four hours and thus the reader is eligible for 600 euro compensation in cash. Not in vouchers or any other form of funny money that airlines sometimes try to offer.

Delay due to “technical reason” is not a valid excuse per EC 261/2004 legislation for not having to pay the compensation.

Seems that Air India is aware of this and thus is not replying to the reader. He needs to contact the National Enforcement body for Italy (see the contact information on the PDF below) to open a complaint:

Download (PDF, 220KB)

The National Enforcement Body then contacts the airline and the reader should soon have the 600 euros in his/her bank account.

Conclusion

Some foreign airlines (and even the community carriers) are challenged when it comes to the EC 261/2004 legislation. At least the reader did get the duty to care-part at the airport (complimentary food).

There are also companies that handle these EC 261/2004 cases but they take roughly 30% cut of the payments. You should handle the claim to keep the money yourself.

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