Air India Compensation and Reimbursement for Cancelled and Delayed Flights

Yurii Semikopenko
23.08.2024

Whenever flights are cancelled or delayed, it can be frustrating and inconvenient for passengers. However, the European Union has a regulation 261/2004 that helps protect passengers in such situations. Under EU 261, if your flight is cancelled or delayed, the airline has to provide you with compensation and assistance.

Passenger Rights Under EU 261/2004

The EU 261 is the legislation that covers air passengers’ rights. In particular, this law covers diverse cases, such as rebooking, delays, flight cancellations, etc., and obligates airlines to handle individual cases with care and fairness. If the situation occurs because of the airline’s fault, any traveler who experienced certain inconveniences has a right to get compensation. Furthermore, travelers may be eligible for certain benefits, which we will discuss further in the article.

Right to Compensation

The EU 261 encompasses rules concerning the process of compensation, including assistance to travelers affected by issues with flights. In particular, the amount of compensation you can potentially get is up to 600 euros per passenger. This sum varies, based on your specific case.

Compensation for Air India Flight Cancellation

First and foremost, travelers need to know that the airline must inform them about the cancellation of their flight. If the airline informs you less than fourteen days before your flight date and does not provide any alternative flight, the airline, according to the EU 261/2004, must pay you compensation of 250 – 600 euros.

At the same time, if a passenger is offered an alternative flight but arrives at his destination later than the scheduled arrival time of the original flight, the passenger could be eligible for compensation. The table below shows the airline’s obligations based on the length of the delay:

Under 2 hours2-3 hours3-4 hoursOver 4 hoursNever arrivedDistance
€125€250€250€250€250All flights 1,500 km or less
€200€200€400€400€400Internal EU flights over 1,500 km
€200€200€400€400€400Non-internal EU flights 1,500 km- 3,500 km
€300€300€300€600€600Non-internal EU flights over 3,500 km

Compensation for Air India Flight Delay

When a flight is delayed for three or more hours, the airline is required to provide compensation. If the flight is delayed for five or more hours, the passenger is entitled to a ticket refund or another flight to the final destination.

Furthermore, this is the case when the airline must also provide a passenger with refreshments, meals, and accommodation. See essential details about compensation in the table below:

Less than 3 hoursBetween 3-4 hoursOver 4 hoursDistance
€0€250€250All flights up to 1500 km
€0€400€400All flights between 1500 km and 3500 km
€0€400€400All intra-EU flights over 3500 km
€0€300€600All non-EU flights over 3500 km

Right to Care

Right to Care refers to a specific aspect of European Union Regulation 261/2004, which establishes regulations on compensation and assistance for travelers in the event of long delays, denied boarding, or flight cancellations.

The “Right to Care” under EU 261 requires airlines to provide certain services and assistance to passengers facing significant delays or cancellations. These include:

  • Snacks and beverages appropriate to the waiting time
  • Hotel accommodation if an overnight stay becomes necessary
  • Transport between the airport and the place of accommodation
  • Two free phone calls, emails, or faxes

Upgrading and Downgrading

When a passenger receives an alternative flight, it is helpful to know about upgrading and downgrading the flight’s class.

In cases, when the airline provides you with an upgraded class (for example, you booked Economy but were upgraded to Business class), you won’t be charged additional fees for this upgrade.

Regarding downgrading in class (if you had a Business class flight, but were downgraded to Economy), you have a right to get reimbursement. In this case, it’s important to note that the amount of compensation fully depends on the distance of a flight:

  • 30% of the flight tickets cost for a 1,500 km distance or less;
  • 50% of the flight tickets cost (specifically, for intra-EU flights that are over 1,500 km and all other flights with a 1,500 km and 3,500 km distance;
  • 75% of the ticket price for flights with a 3,500+ km distance.

Consider that these rights cover all flights within the European Union, as well as flights departing from or arriving in the European Union operated by airlines based in the EU.

When Are You Not Entitled to Compensation?

Unfortunately, there are situations, when passengers won’t get compensation for cancelled or delayed flights. Particularly, we refer to extraordinary circumstances that are beyond the airline’s control. A few examples are as follows:

  • Bad weather conditions and natural disasters;
  • Political circumstances (related security risks, terrorist attacks);
  • A collision of the aircraft and foreign objects (birds, for instance);
  • Unruly or very ill passengers;
  • Strikes (that are not caused by the airline’s crew).

Moreover, if the airline potentially could have done something to avoid issues regarding the flight and failed to handle the situation, you can claim compensation.

Which Flights are Covered by EU 261/2004?

EU 261 covers all flights departing from European Union airports. It also covers flights arriving in the EU if the airline originates in the EU. This includes airlines from EU countries as well as Iceland, Norway, and Switzerland.

However, Air India isn’t a European airline. Consequently, they are not obliged to pay compensation if their flights operate outside of the European Union. This applies even to their flights to the European Union if they start outside the EU.

ItineraryCovered by EU 261
Flights departing from the EU airports✔️ Yes
Flights arriving at the EU airports❌ No

How to Claim Air India Compensation

Flight delay or cancellation is an unpleasant situation that can not only upset you but also ruin all your travel plans. Passengers who unfortunately encounter a flight cancellation or delay should know exactly how to seek compensation. To apply for compensation, follow these steps:

  1. Complete our form. You’ll need to provide details such as your flight number, date, and the issue you encountered.
  2. Let our experts help you. Once you submit the form, our team will manage the process. We understand the EU laws comprehensively and will do our best to get you your compensation. You only pay us if we win your case.

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