Whenever flights are delayed or cancelled, it can be frustrating and inconvenient for passengers. However, the European Union has a regulation 261/2004 that helps protect passengers in such situations. According to EU 261/2004, if your flight is delayed or cancelled, the airline has to provide you with compensation and assistance.
Passenger Rights Under EU 261/2004
European Union Regulation 261 is the law that deals with the rights of air passengers. In particular, this regulation covers different situations, including rebooking, delays, flight cancellations, etc., and requires airlines to handle individual cases with care and fairness. If the incident happens because of the airline’s fault, any passenger who underwent certain inconveniences has a right to receive compensation. In addition, passengers may be entitled to certain benefits, which we will discuss further in the article.
Right to Compensation
European Union Regulation 261 encompasses rules regarding the compensation process, including aid to people affected by flight problems. Specifically, the amount of compensation you can be eligible for is up to 600 euros per person. This sum ranges, according to your specific case.
Compensation for Conviasa Flight Cancellation
First and foremost, travelers need to know that the airline must inform them about the cancellation of their flight. If the airline notifies you less than fourteen days before the date of your flight and does not provide any alternative flight, the airline, according to the EU 261/2004, is obligated to compensate you compensation of 250 – 600 euros.
At the same time, if a passenger is provided with 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 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 Conviasa Flight Delay
When a flight is delayed for 3+ hours, the airline is required to pay compensation. If the flight is delayed for five or more hours, the passenger can expect a ticket refund or an alternative flight to the final destination.
Furthermore, in such situations, the airline also must provide a passenger with food, drinks, and accommodation. See essential details on 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 refers to a specific aspect of EU Regulation 261/2004, which establishes standard rules on assistance and compensation to passengers in cases of denied boarding, flight cancellations, or long delays.
The “Right to Care” under EU 261/2004 requires airlines to provide certain assistance and services to passengers affected by significant delays or cancellations. These include:
- Snacks and drinks appropriate for 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
In situations where a passenger gets an alternative flight, it is important to understand upgrading and downgrading the flight’s class.
In situations, when the airline provides you with a higher class (for example, you had Economy but were upgraded to Business class), you will not be charged extra for this service.
Regarding downgrading in class (in case you booked a Business class flight, but were downgraded to Economy), you have a right to obtain 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 cover any flights inside the European Union, as well as flights departing from or arriving in the European Union by airlines based in the EU.
When Are You Not Entitled to Compensation?
Unfortunately, there are cases, when passengers won’t get compensation for delayed or cancelled flights. Specifically, we refer to extraordinary circumstances that are outside of 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 can claim compensation.
Which Flights are Covered by EU 261/2004?
EU 261 applies to all flights departing from European Union airports. This regulation also extends to 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, Conviasa is not a European airline. Consequently, they are not obliged to pay compensation if their flights operate outside of the European Union. This is true even for 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 Conviasa Compensation
Flight delay or cancellation is an unpleasant situation that can not only upset you but also ruin all your travel plans. Those who are unlucky enough to face a flight cancellation or delay should know exactly how to claim compensation. To apply for compensation, follow these steps:
- Fill in this form. You’ll need to provide details such as your flight number, date, and what went wrong.
- 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 strive to obtain your rightful compensation. You only incur a fee if we win your case.