Had a Travel Nightmare in Europe?  You May be Entitled to Compensation

Many people have experienced the following (or similar) situation: your business trip or vacation gets ruined because the airline either:
1. Cancelled your flight
2. Delayed your flight
3. Denied you boarding (the airline oversold the flight and you got left behind); or
4. Damaged, lost, or delayed delivery of your luggage

The airlines probably won’t tell you this, but European Union Regulation (EC) 261/2004 and other international treaties (Warsaw Convention and Montreal Convention) require airlines to compensate passengers in these types of situations.

For example, the European Union’s Court of Justice (similar to the U.S. Supreme Court) recently ruled that in addition to compensation required by the Warsaw and Montreal Conventions, that passengers with a flight delay of 3 hours or more, as well as passengers with cancelled flights, are entitled up to an additional 600 € as compensation.  Based on today’s trading of the Euro vs. the Dollar that is $790 US Dollars.

Any attempt by an airline to limit their liability, by contract or otherwise, is null and void.  See Montreal Convention, Art. 26; Reg. (EC) 261/2004, Art. 15.  In other words, if the airline tells you it is their “policy” to only pay XYZ amount or that their “contract” doesn’t allow for compensation in your situation they may be misdirecting you.  

You should also know that both the international treaties and Reg. (EC) 261/2004 have a statute of limitations of 2 years.  In other words, if you don’t bring a lawsuit within 2 years then you lose the money you are entitled to.  Additionally, claims for lost/damaged/delayed luggage require that the airline be notified, in writing, of the claim.  However, this requirement is usually satisfied when the passenger fills out the airline’s claim form at the customer service desk when it is apparent your luggage didn’t make it to the destination.   

Unfortunately, some airlines lie to passengers about their rights, give passengers the runaround when they seek compensation, or attempt to pay passengers with something less than they are entitled to receive (e.g. vouchers or frequent flier miles).  A recent study found that only 5% of people entitled to compensation actually receive it.  

In 2010 Delta ruined my family’s vacation to Europe.  Delta gave us the runaround when we returned to the United States and sought compensation.  I am an attorney.  I ended up suing Delta because what they did to us wasn’t right.  I won all six of our cases.* Each member of my family received $1,800 from Delta.

I would like to talk to you, or anyone else you know, that in the last two years has had either:
1. A cancelled flight in Europe;
2. A delayed flight in Europe (2+ hours);
3. Denied boarding in Europe or the United States; or
4. Damage, loss, or delayed delivery of luggage in Europe or the United States.

Christopher D. Aulepp
Attorney
Cady Law Firm, LLC
P.O. Box 258
501 Main St.
Platte City, MO 64079
Tel: (816) 858-2171
Fax: (816) 858-5864
CAulepp@Jcadylaw.com
*Past results afford no guarantee of future results.  Every case is different and must be judged on its own merits.
**The article above is for general information only.  It should not be construed as formal legal advice or the formation of a lawyer/client relationship.