Beware of claim submission deadlines for flights cancelled during the pandemic
Was your flight cancelled by the airline during the first wave of the coronavirus pandemic in 2020? And have you not received a refund yet? The Dutch Human Environment and Transport Inspectorate (ILT) warns passengers that the Netherlands knows a two-year time limit for presenting such cases to a judge. This means time is ticking for flights that were cancelled at the start of 2020.
Your rights
In the event of a flight cancellation you are entitled to either a re-routing to the same destination or a refund of your ticket price. If you choose to be reimbursed, the airline has to do so within 7 days.
However, this does not always happen as it should. The European Consumer Centre (ECC) hears stories of consumers who are still awaiting reimbursement. Not all European airlines abide by the rules.
What are your options?
ECC can assist with complaints against airlines based in EU countries other than the Netherlands. For complaints against Dutch airlines, check the website of the Human Environment and Transport Inspectorate. Are you experiencing a problem with an airline from another EU country? These are your options:
- File a complaint with the ECC
The ECC offers mediation. This means that the ECC can contact the airline on your behalf. Together, we try to solve the issue. Most cases are solved successfully, although this is not a guarantee.
The ECC does not have a time limit for submitting complaints. You can still file your complaint if your flight was cancelled more than two years ago. Do keep in mind that this means you will not be able to go to (a Dutch) court in case the mediation fails. The Netherlands knows a two-year limitation period for presenting cases of flight cancellations to a judge.
- Going to court
Has the mediation failed? Or do you wish to act fast because the two-year deadline is near? You can then choose to start legal proceedings. A judge can order the airline to pay the refund for the ticket.
For cases within the EU, you can choose to start up a small-claims procedure. This is a simplified procedure for claims up to €5,000. You can start this procedure in either the scheduled country of departure or country of arrival of the cancelled flight.
The Netherlands knows a two-year limit for starting these cases. Other EU countries may have a longer or shorter period of time to bring these cases to court. Belgium, for example, knows a time limit of only 1 year. Germany and France, respectively, have time limits of 3 and 5 years. In some cases, these longer limitation periods may offer new possibilities for bringing a case to court.
Getting in touch
Do you have more questions? For example on how to start up mediation or a court case? Please feel free to contact the European Consumer Centre. Our legal advisors are happy to assist you.