Flight cancelled because of the weather: what to do?

Is your flight delayed or cancelled due to bad weather conditions? Here is our advice on your rights and steps to be taken!

Is your flight cancelled because of the weather? Many travelu·rses have already been blocked at the airport because of the weather. Storm, hurricane, fog, storm, snow, violent winds... The poor weather conditions can effectively prevent the piloting of an aircraft or the taking of it. Sometimes the airlines manage to anticipate the cancellation. As a result, the travelu·rs·ses are warned in advance. But in most cases, the flight is first delayed, then the delay time is extended indefinitely. The flight ends up being cancelled after several hours of waiting. What? To anticipate, here is our advice on your rights and procedures in the event of a cancelled or delayed flight due to the weather.

Delays and cancellations of flights: the legal provisions in force

In principle, airlines are exempt from compensation their passengers and passengers if a flight is cancelled due to weather conditions.

The regulations in force

The legal provision in force is the European Regulation EC n°261/2004 . It therefore stipulates that the airline is not responsible when the weather occurs, preventing the proper realization of a flight. The air carrier and the airport may decide to defer or cancel a flight. According to the law, these are extraordinary circumstances, exogenous to the responsibilities of the companies. Consequently, they are exempt from the obligation to compensate their passengers. As soon as these incidents occur, the company must provide evidence that it could not have avoided delay or cancellation. It seems almost logical that the airlines be tempted to take advantage of this article to avoid compensation. The poor weather conditions are indeed the first cause of flight delay or cancellation.

Another section of the law, LG Darmstadt, stop on 06/11/2013 – 7 S 208/12 , states that there is no compensation in two specific cases: because of storm , the previous flight must have emergency landing , or the next flight is delayed or cancelled for the same reasons. The law provides that the occurrence of a natural disaster (e.g. ash bore, volcanic eruption, etc.) is a case of force majeure. As air traffic is disrupted for natural reasons, airlines are recognized as unable to anticipate these incidents.

Passenger rights

Normally, European regulations allow for three levels of compensation in the event of cancellation:

• 250€ for a flight of 1,500 km,
• 400€ up to 3,500 km,
• and 600€ for a distance flight greater than 3,500 km.

If the law no compensation for a flight cancelled due to the weather, they nevertheless have rights. And often you'll get right to compensation . For example, travelu·rs·ses always have the right to receive alternative transport (if a flight is cancelled). The airline that found it dangerous to fly, it must allow you to to your final destination . This, by all possible means of transport (train, bus, car rental). Among the compensations are also the refund of tickets, and within seven days, for cancellation or delay above 5 hours . Finally, in the event of a problem during a stopover, you are entitled to a rerouting to the departure airport or to a refund of your flight tickets.

Flight cancelled or delayed before departure: what to do?

The airport website shows a delay (more or less long) or a cancellation of your flight? Fortunately you're still home. Learning the incident at the airport, being in the blur and blocked at the airport, is never pleasant. Here are the things you need to do before you start in a bunch of emails to write to carry any claim.

• First, think about check if other flights, chartered by other airlines, are scheduled on time or not. This is a good barometer. Indeed, if only your flight is cancelled for reasons of rain, wind or storm and not other flights, it is probably an abusive and illegitimate cancellation.
• You can embark on a course mail and email writing to obtain the refund of tickets. The problem is that it is difficult to prove, from its office, that the aircraft is unable to take off or fly.
• Contact a law firm can also be very expensive. Judicial proceedings are long, expensive and the outcome is uncertain. You are not certain to get cause gain.
• So the best solution is for you closer to a competent service to be compensated. Lawyers and air law specialists can help you. This is the case of Flightright, for example, who helps to assert the rights of passengers and passenger victims of flight cancellations. You will be able to obtain compensation if the other airlines operated their flights at the time of your flight.

Flight cancelled or delayed at the airport: what to do?

Here is another reason, often invoked by airlines to cancel flights without compensation: lack of aircraft de-icing fluid . You arrive at the time of check-in, you are in front of the boarding gate. And yet, the flight is cancelled due to a weather in negative temperatures. This may seem logical. However, the freezing and the impossibility of defrosting aircraft do not fall within the scope of the extraordinary circumstances provided for by European regulations. Indeed, the company is supposed to have been able to anticipate the fall of temperatures. So you'll get it. right to compensation if you face such a reason for delay or cancellation.

If the cancellation is legal and legitimate, the company must nevertheless take care of you . It is said that air carriers must inform you about your rights. Free support must be organized by the company awaiting your next flight. Even in the event of poor weather conditions (tempest, snow, violent winds, storm, etc.), assistance and support are mandatory and free for the passenger. This is:

• Drink and refreshments,
• Food,
• From accommodation (if the flight cannot take place before the next day),
• And transfers between hotel and airport.

Starting, ask for either the refund of tickets or you will have to wait at the hotel for your next departure!

You're sitting on the subject. Now you know what to do if your flight is cancelled because of the weather. Don't panic and assert your rights!