Your Smartwings compensation claim is denied.
You have requested compensation, but your claim was denied. Dealing with Smartwings for compensation can be frustrating, especially if you’re unsure about eligibility. What should you do next if your claim is denied? Is it even worth the trouble? Absolutely. One option is to delegate the process to a flight compensation firm. But remember, that’s not your only choice.
You can continue to advocate for your rights independently.
Your Smartwings Compensation Claim Is Denied. Now What?
Your Smartwings compensation claim is denied. What should you do now?
There are additional methods to acquire flight compensation from Smartwings.
However, before escalating the situation, familiarise yourself with the rules and understand your entitlements.
1. Collaborating With Flight Compensation Firms
The simplest approach is to collaborate with a flight compensation firm.
Your task is to complete an online form, submit a copy of your boarding pass and passport, and finalize the application. This will alleviate your concerns as the firm will handle the remaining procedures. You won’t need to communicate with Smartwings anymore.
If there are any additional queries that only you can address, the firm will contact you. The only drawback is the cost, as flight compensation firms usually deduct around 25-45% of the compensation amount.
Our partners provide such services.
When choosing this option, here is all you will have to do:
And that’s it — the rest is handled by professionals.
* Your boarding pass and passport or ID copy.
What is the cost?
The fees usually range from roughly 25 to 35 per cent of the compensation amount. The remaining balance is passed on to you. If compensation is not awarded, no payment is due.
Read more:
- How to Claim Smartwings Compensation?
- Your Smartwings Refund Is Taking Forever. Here’s What You Can Do
2. Engaging the NEB of the Country Your Flight Is From
Collaborating with a flight compensation firm is not the sole solution.
After your initial attempt to contact the airline is rejected or ignored, the next step should be reaching out to the NEB (National Enforcement Bodies).
This service is complimentary, but it’s important to note that it’s not as straightforward as working with a flight compensation company and it can take some time. Processing your compensation request typically takes at least 2 months.
The greatest downside — a favourable response does not necessarily result in compensation. Smartwings can still refuse the request.
You can find a list of the National Enforcement Bodies here.
The National Enforcement Bodies assist passengers in the event of denied boarding, flight delay or cancellation, as well as enforce the regulation Regulation (EC) 261/2004 and make sure passengers are treated according to these rules.
3. Escalating the Matter to Court
Your Smartwings compensation claim is denied.
The subsequent stage involves elevating the matter to the jurisdiction of the court.
It’s highly recommended to secure a favourable ruling from the NEB prior to this. This will significantly strengthen your case against the airline (Smartwings in this instance).
This approach may appear complex, but it is just as effective. Before filing your complaint in court, make sure to validate the legitimacy of your claim. Review your rights and build your argument. Only then can you have confidence in taking it to court. If you have a verdict from the NEB confirming your right to compensation, include it in your court documents.
Bear in mind, that taking your complaint to court will take in costs.
Extraordinary Circumstances
Airlines often avoid providing specific reasons for denying your claim.
They provide you with a vague explanation, leaving you in uncertainty.
They tend to attribute many disruptions to extraordinary circumstances.
The reason behind this strategy is simple – companies don’t make profits by giving out compensation. As a result, airlines try to avoid making compensation payments. They know that most passengers are not fully aware of their rights, and they take advantage of this. So, when you come across the term ‘extraordinary circumstances’, be cautious.
According to EU regulation 261/2004, airlines are exempt from compensating for flight disruptions attributable to extraordinary circumstances. These extraordinary circumstances encompass severe weather, staff strikes (not related to the airline), and hidden manufacturing flaws. Precisely, only hidden manufacturing defects are deemed as extraordinary circumstances. The majority of the technical issues fall under the airline’s liability (the airline’s responsibility).
Furthermore, adverse weather conditions do not always classify as extraordinary circumstances. In certain instances, weather conditions can be predictable, such as snowfall during the winter (unless it is uncommon in that area). In these cases, the airline is expected to take appropriate measures to ensure the punctuality of flight operations.
Determine the actual reason leading to the delay or cancellation. It matters.
When Can You Get Flight Compensation From Smartwings?
There exist a number of scenarios where you may justly seek flight compensation.
These encompass instances of flight delays, cancellations, and situations where you’ve been denied boarding as a result of overbooking.
1. Flight Delays
As per the EU regulation 261/2004, you are in a position to claim compensation if your flight is delayed for three hours or more.
The compensation value depends on the duration of the delay and the distance of the flight. Here’s an example: If your flight from London to Paris, which is less than 1,500km, is delayed for four hours, you’re entitled to receive €250 as compensation.
Read more: Smartwings Flight Delay Compensation
2. Flight Cancellations
If your flight gets cancelled without a minimum of 14 days’ notice, you stand eligible for compensation.
The amount of compensation can vary depending on the distance of the flight and the delay you experience in reaching your final destination. For example, if your flight from Rome to New York, which is a long distance of over 3,500km, gets cancelled without adequate notice and you end up arriving at your final destination more than four hours late on a replacement flight, you have the right to claim €600 in compensation.
Read more: Smartwings Flight Cancellation Compensation
3. Denied Boarding Due to Overbooking
Airlines occasionally overbook flights, speculating that some passengers might not turn up.
If you happen to be denied boarding due to overbooking and you don’t voluntarily give up your seat, then you can lay claim to compensation.
The compensation amount depends on the flight distance. For instance, if you’re flying from Berlin to Madrid—a medium distance flight (1,500km to 3,500km)—and you’re denied boarding due to overbooking. If you reach your destination more than three hours late, you would be entitled to €400 in compensation.
Read more: Smartwings Denied Boarding Compensation
What is your experience with Smartwings compensation claims? Do you have a first-hand experience of denied Smartwings compensation claim? Did you take the case to NEB or court?