Air passenger rights
In a context where flights are becoming more and more common as a mode of transport, our team protects your rights in case unpleasant events occur during your getaway. To help you obtain compensation under the current legislative regulations, we offer the following services:
Legal assistance in the event of canceled or delayed flights, missed connections, denied boarding, or damage to baggage.
If you have experienced a flight cancellation or long delay, denied boarding, or baggage damage, we will review your eligibility for compensation and advise you on what steps to take.
In the event of unpleasant incidents during the flight, air operators are obliged to offer balance and various additional benefits to passengers, according to EC Regulation 261/2004, US DOT, Passenger SHY, or the Brazilian Aeronautical Code, depending on the flight route.
For flights departing from a Member State of the European Union or landing from a third country on EU territory and operated by an EU airline, Regulation EC 261/2004 applies, under which passengers are entitled to compensation of up to €600 if they experience a flight delay of more than 3 hours, an involuntary denied boarding, or a flight cancellation.
To enjoy your rights, you first need to know them, and our team of experienced aviation law attorneys can help you with this.
Preparing the file for compensation.
If you are eligible to receive compensation from the airline that operated your flight, the first step is to prepare a dossier containing all the necessary supporting documents.
The file shall contain the complaint to the air carrier and the documents proving the flight booking and the additional damage suffered if any.
In particular, the complaint shall explain the situation giving rise to the right to compensation and the legal basis on which it is based. Depending on the specific case, documents proving the damage that the alleged incident has caused you will have to be attached.
Obtaining the rights due under the legislation in force could also be achieved successfully only by communicating with the air carrier after the complaint has been sent to it.
Ideally, compensation can be obtained through non-litigation. We will forward the file on your behalf to receive payment. Further, we will wait for the company’s response and continue communicating with them to resolve the situation as soon as possible.
The legislation provides for the right of the carrier not to pay compensation to passengers in certain circumstances. Although the conditions for this to be possible have strict rules of applicability, limited to cases considered to be force majeure, airlines often try to include in these exceptions situations for which they are responsible. On these occasions, the carrier will offer you discounts on future flights or vouchers to settle your claim. For this reason, it is essential in your relationship with the airline to know exactly what your rights are, to maintain a level playing field, and not to end up accepting offers that are not appropriate.
Our team will analyze the airline offers and work with you to protect your rights.
Assistance and representation before the courts.
Developing a strategy in court to defend the rights of air passengers is the key to obtaining compensation when the airline does not respond favorably to the complaint.
In some cases, non-contentious approaches are unsuccessful against airlines. It happens that the airline either does not respond to the request or chooses not to respond, citing force majeure as the cause of the incident. The good news, in this case, is that the current practice of the European courts has been to settle such cases favorably, and there is a possibility of obtaining compensation through the courts.
Our team will always try as a first step to reach an amicable settlement with the carrier, but if they refuse to pay, we will assist and represent you in court.