Flight Delay and Cancellation Compensation: What Are You Entitled to with Smartwings?

Traveling by plane is convenient, but not always without complications. Flight delays or cancellations can disrupt not only your vacation but also your work plans. 

If your flight was delayed or cancelled, you may be entitled to up to €600.

If you flew or were to fly with Smartwings company and problems arise, you may be entitled to financial compensation or other assistance. In this article, we'll look at what your rights are, when you're entitled to compensation, and what to do if your flight is canceled.

Legal framework: EU Regulation No. 261/2004

The airline Smartwings, based in the Czech Republic, is subject to Regulation (EC) No. 261/2004 of the European Parliament and of the Council, which establishes uniform passenger rights in the event of:

• flight delays,

• flight cancellations,

• denied boarding (overbooking)

These rules apply to all flights departing from EU countries, as well as flights of European carriers heading to the EU.

Flight Delay: When Are You Entitled to Compensation?

If your flight was delayed by more than 3 hours upon arrival and it was not due to extraordinary circumstances, most often caused by adverse weather, you can receive a flat-rate financial compensation:

• €250 – for flights up to 1,500 km,

• €400 – for flights within the EU from 1,500 km to 3,500 km,

• €600 – for flights over 3,500 km outside the EU.

If the delay on long-haul flights is less than 4 hours, the compensation may be reduced by 50%.

Attention: Technical problems or crew shortages are not extraordinary circumstances, and therefore do not relieve Smartwings of liability.

Flight cancellation: What are your rights?

If your flight with Smartwings has been cancelled, under EU legislation you are entitled to:

1. Replacement flight or refund

Smartwings has to offer you:

• an alternative flight under comparable conditions, or

• refund of the ticket price, if you decide not to travel.

This option is chosen by you, not the airline.

2. Financial compensation (compensation)

If you were not notified of the flight cancellation at least 14 days in advance, you are entitled to:

• €250 (up to 1,500 km),

• 400 € (1 500 – 3 500 km),

• 600 € (over 3 500 km).

Compensation is not due if:

• you were informed sufficiently in advance and were given an alternative flight at a similar time,

• the cancellation was caused by an extraordinary event (e.g. extreme weather, airport closure, flight control strike).

3. Airport care

In the event of cancellation or long delay, the passenger is entitled to:

• free snacks and drinks (appropriate to the waiting time),

• the possibility of contacting family/work (phone call, e-mail),

• accommodation and transportation between the hotel and the airport – if an overnight stay is necessary.

When should you make a claim?

Verify your claim if:

• - your flight was delayed by more than 3 hours upon arrival,
• - they left you waiting at the airport overnight without proper care,
• - Your flight was canceled and your departure date was changed,
• - the airline only offered you a voucher, which you declined,
• and then they stopped communicating with you or rejected the request.
  

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How much time do you have?

In most EU countries, you have 2 to 3 years from the date of the flight to file a claim. In the Czech Republic and Slovakia, there is a three-year limitation period.

A cancelled or delayed flight does not have to mean only stress and lost time.

As a passenger, you have rights, that the airline must respect. Whether it is financial compensation, reimbursement of costs, or care during the wait, it is important to know what you are entitled to and not be afraid to ask for it. You can also resolve any failure on the part of the carrier through legal means or through European institutions.