Compensation for Flight Delays
As a resident of Den Haag, you are entitled to financial compensation for flight delays if your flight arrives more than three hours late at the final destination. Under European Regulation 261/2004, you can claim €250 to €600, depending on the distance, unless extraordinary circumstances are to blame. This protects your passenger rights, particularly for flights from Rotterdam The Hague Airport.
Legal Basis for Flight Delay Compensation
Regulation (EC) No 261/2004 of the European Parliament and of the Council governs compensation for flight delays for airline passengers. It covers delays, cancellations, and overbookings. Key articles:
- Article 5: For delays of two hours or more: right to meals, drinks, phone calls, and if necessary, hotel accommodation.
- Article 7: Compensation of €250-€600 for delays of three hours or more on arrival.
- Article 16: Airlines must pay within a reasonable period.
These rules apply to flights departing from an EU country or arriving in an EU country with an EU airline. In the Netherlands, the Authority for Consumers & Markets (ACM) oversees compliance. For issues in Den Haag, contact the Juridisch Loket Den Haag or the Rechtbank Den Haag.
When Are You, as a Den Haag Resident, Entitled to Compensation?
You qualify for flight delay compensation if:
- Your flight arrives more than three hours late.
- The delay is the airline's responsibility (not due to extraordinary factors such as severe storms, volcanic eruptions, or air traffic control strikes).
- The flight is covered by EU protection: departure from Rotterdam The Hague Airport or another EU airport, or arrival in the EU with carriers like KLM, Transavia, or Ryanair.
Extraordinary circumstances often lead to rejection, but the airline must prove them. The Rechtbank Den Haag scrutinizes this closely in local cases.
Compensation Amounts Overview
Compensation is based on flight distance and delay duration:
| Flight Distance | Delay up to 3 hours | Delay 3-4 hours | Delay >4 hours |
|---|---|---|---|
| < 1,500 km (e.g., Rotterdam-London) | None | €250 | €250 |
| 1,500-3,500 km (e.g., Rotterdam-New York) | None | €400 | €200 (50% reduction) |
| > 3,500 km (e.g., Rotterdam-Tokyo) | None | €600 | €300 (50% reduction) |
Source: Article 7(2) Regulation 261/2004.
Practical Examples for Den Haag
Example 1: KLM flight from Rotterdam The Hague Airport to Barcelona (1,300 km) is delayed 4 hours due to a technical issue and arrives 4.5 hours late. Claim €250 – the airline pays, as it is their fault.
Example 2: Transavia flight from Rotterdam to Lisbon (1,700 km) is delayed six hours due to a ground staff strike. Compensation applies for internal strikes; not for 'extraordinary' ones.
Example 3: Ryanair flight from Alicante to Rotterdam is delayed three hours due to snowfall. No claim, as extreme weather qualifies as extraordinary.
Many Den Haag residents succeed with claims via apps or lawyers. In 2023, the Rechtbank Den Haag ruled in various cases that airlines had to pay out, even on COVID-related claims.
Rights and Obligations During a Delay
Your rights:
- Care: >2 hours: free meals and drinks. >4 hours/night: hotel and shuttle.
- Refund: Full ticket refund if >5 hours delay and you choose not to fly.
- Compensation: As described above.
Your obligations:
- Request care at the desk.
- Keep your boarding pass, ticket, and delay information.
- File your claim promptly: 2-6 years, depending on jurisdiction.
Step-by-Step Guide to Filing a Claim
- Gather your boarding pass, booking, flight number, and delay details (via airline app).
- Send a claim letter to the airline (template available at Vliegtuigpassagiersrechten).
- No response after 6 weeks? Try claim services (check fees) or the Aviation Disputes Committee.
- Escalate to Rechtbank Den Haag: no court fee up to €25,000. Start with Juridisch Loket Den Haag for free advice.
Frequently Asked Questions on Flight Delays
Entitled to compensation for COVID delays?
No, COVID was deemed extraordinary (Court of Justice C-61/21), but check your case.
Package holiday?
Claim from both tour operator and airline for best results.
Claim deadline?
In the Netherlands, often 2 years from arrival, sometimes longer under EU law. Act quickly!
Charter flights?
Yes, for commercial EU flights.
Tips for Den Haag Residents on Compensation
Use local support from the Juridisch Loket Den Haag for claims from Rotterdam Airport. Always check the Gemeente Den Haag for consumer advice and file claims online promptly.
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