Question from Ci, Do I Have a Right to Compensation for a Delayed Flight Under Spanish Jurisdiction?
Answer from AI:
Under European Union law, passengers may be entitled to compensation for delayed flights. This applies to flights departing from any EU country, or flights to an EU country on an EU-based airline. However, the specific circumstances of your flight, including the airline’s responsibility for the delay and the length of the delay, can affect your eligibility for compensation.
EU Regulation 261/2004
The primary law governing flight delay compensation in the EU is Regulation (EC) No 261/2004. This regulation establishes common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays of flights.
According to this regulation, passengers may be entitled to compensation if:
- The flight is delayed by at least three hours
- The flight is within the EU, departs from an EU airport, or is on an EU-based airline
- The delay was not caused by extraordinary circumstances beyond the airline’s control
The amount of compensation depends on the length of the delay and the distance of the flight. For a delay of at least three hours and a flight distance of more than 3,500 kilometers, the compensation can be up to €600.
Applicability to Your Situation
In your case, the flight was from Doha to Jakarta, which is not within the EU. However, since the flight was booked through Iberia, an EU-based airline, EU Regulation 261/2004 may still apply. The delay was also more than three hours, which meets the minimum requirement for compensation.
However, whether the delay was caused by extraordinary circumstances beyond the airline’s control could affect your eligibility for compensation. This is a complex issue that may require legal advice.
It’s recommended that you consult with a legal professional for personalized advice on this matter. You may also want to contact the airline directly to inquire about compensation.
If you believe you are entitled to compensation, you can file a claim with the airline. The claim should include details of the flight and the delay, and any supporting documents such as boarding passes and receipts.
If the airline rejects your claim, you can escalate the matter to a national enforcement body or an Alternative Dispute Resolution (ADR) scheme. In Spain, the national enforcement body is the Spanish Agency for Air Safety.
Remember, this information is a general guide and may not apply to your specific situation. Always consult with a legal professional for personalized advice.