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Sunday, 27 September 2015 12:00 AM

Compensation For Delayed Flights To Morocco

There’s almost nothing worse than starting or ending a holiday to Morocco, or any other holiday with a bad flight. With the proliferation of routes over the last 20 years since Naturally Morocco first started, and the reduction in seat prices due to the budget airlines, holidays to Morocco have become progressively easier, more flexible and cost conscious. Flights are generally a minor inconvenience to soon forget on your arrival.

Flights To Morocco Do Go Wrong

However, flights to Morocco, as with any destination, do sometimes go wrong and the EU introduced regulation 261/2004 that stated that if your EU flight arrives more than 3 hours late then compensation is payable. It is the arrival delay that is key (not departure delays).

This legislation was clarified by the European Court of Justice in October 2012 by its ruling that passengers should be compensated for significant delays if certain criteria were met.

An EU flight is one that starts in the EU and/or is an EU airline landing at an EU airport. Hence a flight from an EU airport to Morocco is covered, as is a flight from Morocco to an EU airport by an EU airline.

Obviously the airlines didn’t like this idea and have been fighting it ever since. Their general principle lies in that most delays are outside of their control, although they have also been fighting to limit the time period for claims.

Delayed Flight = Compensation

The saga has been continuing in the courts but perhaps the European Court of Justice’s decision in September 2015, which cannot be appealed against, may have drawn this to a conclusion … but don’t bet on it.

The case ruled on by the Court was van der Lans v KLM and the decision stated that “extraordinary circumstances”, those events that were outside of the airline’s control and hence would not lead to the airline compensating for a delay, did not include technical problems with the aircraft.

In other words, if a delay is caused by crew shortages, technical faults in the aircraft, then compensation is payable to those passengers affected.

However, if the aircraft manufacturer (or other body such as the Civil Aviation Authority in the UK) identify a fault and cause delays this is outside of the flight companies’ control (an extraordinary circumstance) and compensation is not payable (holiday insurance may kick-in). Other issues that do not result in compensation include delays due to – bad weather, political or industrial action

What Compensation For Flights To Morocco

The compensation calculation is based on the length of the delay and the flight distance. For flights from London to Marrakech the distance is 1,410 miles (2,250 km - which falls into the bracket 1,500 km –3,500 km), delays over 3 hours result in Euro 400 compensation per passenger (cash, not vouchers that might be offered).

A claim may be made up to 6 years (Scotland – 5 years) after the affected flight, although several airlines have tried and failed to limit that to 2 years in contracts with customers.

After 5 hours delay, irrespective of whose fault, you can have a refund of your ticket cost if you decide not to travel – but this legislation is not so relevant for a holiday

The claim for compensation should be made straight to the airline, but don’t expect them usually to pay up swiftly, delays in the claims procedures are reported to be normally significant.

Have A Great Morocco Holiday

Have a great holiday. Naturally Morocco is here to help ensure you have an amazing time whilst in Morocco and have peace of mind that if flights do go dramatically wrong there may be compensation due – just take a good note of the events (reason stated, dates, flight number, delay length).

Flight stats website can also help you identify the delay time, but it cannot be used as evidence in your claim: