Avianca Compensation and Reimbursement for Cancelled and Delayed Flights

Whenever flights are delayed or cancelled, it can be frustrating and inconvenient for passengers. However, the EU has a regulation 261/2004 that helps protect passengers in such situations. According to EU261, if your flight is disrupted, the airline has to provide you with compensation and assistance.

Passenger Rights Under EU 261/2004

European Union Regulation 261 is the regulation that deals with air passengers’ rights. In particular, this regulation covers diverse cases, such as delays, flight cancellations, rebooking, etc., and obligates airlines to resolve individual cases with care and fairness. If the incident happens as a result of the airline’s fault, any passenger who underwent certain inconveniences has a right to get compensation. Furthermore, passengers can receive certain benefits, which we will discuss further in the article.

Right to Compensation

The EU 261 encompasses rules regarding the compensation process, including assistance for passengers affected by flight problems. In particular, the amount of compensation you can expect to receive is up to 600 euros per person. This sum varies, according to your specific case.

Compensation for Avianca Flight Cancellation

First and foremost, passengers need to know that the airline must inform them about the cancellation of their flight. If the airline informs you under fourteen days before the date of your flight and does not provide any alternative flight, the airline, according to the EU 261, 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 may also be eligible for compensation. The table below shows the airline’s obligations depending on the length of the delay:

Under 2 hours	2-3 hours	3-4 hours	Over 4 hours	Never arrived	Distance
€125	€250	€250	€250	€250	All flights 1,500 km or less
€200	€200	€400	€400	€400	Internal EU flights over 1,500 km
€200	€200	€400	€400	€400	Non-internal EU flights 1,500 km- 3,500 km
€300	€300	€300	€600	€600	Non-internal EU flights over 3,500 km

Compensation for Avianca Flight Delay

When a flight is delayed for 3+ hours, the airline is obligated to pay compensation. If the flight is delayed for five or more hours, the passenger may receive a ticket refund or an alternative flight to the final destination.

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

Less than 3 hours	Between 3-4 hours	Over 4 hours	Distance
€0	€250	€250	All flights up to 1500 km
€0	€400	€400	All flights between 1500 km and 3500 km
€0	€400	€400	All intra-EU flights over 3500 km
€0	€300	€600	All non-EU flights over 3500 km

Right to Care

Right to Care pertains to a specific aspect of EU Regulation 261/2004, which establishes regulations on assistance and compensation to passengers in the event of denied boarding, flight cancellations, or long delays.

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

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

Upgrading and Downgrading

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

In cases, when the airline provides you with a higher class (for instance, you had Economy but were upgraded to Business class), you will not be charged additional fees for this service.

Regarding downgrading in class (if you had a Business class flight, but were downgraded to Economy), you have a right to receive reimbursement. Here, it is worth mentioning 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.

Be aware that these rights apply to any flights inside 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 delayed or cancelled 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 prevent problems with the flight and failed to handle the situation, you may be eligible for compensation.

Which Flights are Covered by EU 261/2004?

EU 261 applies to all flights departing from EU 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.

Nevertheless, Avianca isn’t a European airline. Consequently, they don’t have 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.

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

How to Claim Avianca Compensation

Flight cancellation or delay is an unpleasant situation that can not only upset you but also ruin all your travel plans. Passengers who unfortunately encounter a flight delay or cancellation should understand the steps to claim 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 handle the rest. We are well-versed in the EU laws comprehensively and will make every effort to get you your compensation. You are only charged if we win your case.

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