Compensation for Flight Delays
As a Rotterdam resident, you are entitled to financial compensation for flight delays if your flight arrives more than three hours late at Rotterdam The Hague Airport or elsewhere. Under European Regulation 261/2004, you can claim €250 to €600, depending on the distance, unless extraordinary circumstances are the cause. This protects your consumer rights, especially for flights from Rotterdam Airport.
Legal Basis for Flight Delay Compensation
The flight delay compensation rules are laid down in Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004. This regulation protects passengers in cases of delays, cancellations, and overbookings by airlines. Key articles:
- Article 5: For delays of two hours or more, right to care such as meals, drinks, phone calls, and hotel accommodation if an overnight stay is required.
- Article 7: Compensation for arrival delays of three hours or more.
- Article 16: Airlines must make payment within a reasonable time.
The regulation applies to flights departing from an EU country or arriving in an EU country operated by an EU airline. In Rotterdam, it falls under Dutch law, supervised by the Authority for Consumers and Markets (ACM). For issues, contact the Rotterdam Legal Aid Office or the Rotterdam District Court.
When Are You Entitled to Compensation as a Rotterdam Resident?
You can claim compensation for flight delays if:
- Your flight arrives more than three hours late.
- The delay is the airline's responsibility (not due to extraordinary circumstances such as severe storms, volcanic eruptions, or air traffic control strikes).
- The flight is covered by EU rules: departure from Rotterdam or another EU country, or arrival with airlines such as Transavia, Ryanair, or KLM from Rotterdam The Hague Airport.
Extraordinary circumstances are often cited by airlines. They must prove this. The Rotterdam District Court scrutinizes this carefully in local cases.
Compensation Amounts Overview
The amount depends on distance and delay duration. See the table below:
| 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.
Real-Life Examples of Flight Delay Compensation in Rotterdam
Example 1: Transavia flight from Rotterdam to Barcelona (1,200 km) delayed by 4.5 hours due to maintenance issue and arrives late. €250 claim successful, as technical fault is airline responsibility.
Example 2: Ryanair flight from Rotterdam to Lisbon (1,800 km) delayed six hours due to ground staff strike. Internal strikes usually qualify for compensation; external strikes often do not.
Example 3: KLM flight from Alicante to Rotterdam delayed three hours due to snowfall. No claim, as extreme weather is extraordinary.
Rotterdam residents often succeed via apps or lawyers. In 2023, the Rotterdam District Court ruled that airlines must pay despite COVID claims in various cases.
Rights and Obligations During a Delay
Your rights:
- Care: From 2 hours delay: free food and drinks. For 4+ hours or night flights: hotel via the airline.
- Refund: Full ticket price if you cancel after more than 5 hours delay.
- Compensation: As described above.
Your duties:
- Request care at the desk.
- Keep your boarding pass, ticket, and delay information.
- File claim promptly: in the Netherlands, generally 2-year limitation period.
Step-by-Step Guide: Filing a Flight Delay Claim in Rotterdam
- Gather evidence: boarding pass, booking, flight number, and delay info from airline app.
- Send claim letter to the airline (template available on local websites).
- No response after 6 weeks? Use claim services (check fees) or the Aviation Disputes Committee.
- Proceed to the subdistrict judge at Rotterdam District Court: no court fee up to €25,000. Get advice from Rotterdam Legal Aid Office.
Frequently Asked Questions on Flight Delay Compensation
Entitled to compensation for COVID-related delays?
Usually no; the Court of Justice (C-61/21) deemed COVID extraordinary. Check case-by-case via Rotterdam Legal Aid Office.
Package holiday with delay?
Claim from both tour operator and airline for best results.
Claim deadline in Rotterdam?
2 years from arrival in the Netherlands, sometimes longer under EU law. Act quickly!
Applies to charter flights from RTM?
Yes, for commercial flights under EU rules.
Tips for Rotterdam Residents on Flight Delay Compensation
Use the Municipality of Rotterdam for consumer advice, claim immediately after landing, and enlist Rotterdam Legal Aid Office for free assistance. Success is guaranteed for valid claims!