Your Air Malta compensation claim is denied. What should you do next?
Rejected compensation claims can be particularly aggravating when you’re trying to claim flight compensation independently and you’re uncertain of your rights, to begin with. What’s the next step? Is it even worth the effort? Firstly, it’s absolutely worth it. You can at least entrust your case to a flight compensation firm to handle it on your behalf. However, this isn’t the only option.
You can continue to advocate for your rights individually.
Your Air Malta Compensation Claim Is Denied. What Next?
Your Air Malta compensation claim is denied. What next?
There are alternate avenues to achieve compensation from Air Malta.
But before proceeding further, make sure to review the applicable laws and understand your rights.
1. Collaborating With Flight Compensation Firms
The simplest way is to collaborate with a flight compensation firm.
All you need to do is complete an online form, submit a copy of your boarding pass and passport and sign the claim. Mainly, you don’t need to concern yourself with anything else. The firm handles everything else.
If there are any further queries, things only you can answer, the firm will reach out to you. The only disadvantage is the fees. A majority of flight compensation companies charge approximately 25-45% of the compensation.
Our partners offer 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?
Generally, the fee is about 25 to 45 per cent of the compensation. The balance is sent to you. If you are not granted compensation, you won’t be charged.
Read more:
- Your Air Malta Refund Is Taking Forever. What Can You Do About It?
- How to Claim Air Malta Compensation?
2. Approaching the NEB of the Country of Departure of Your Flight
Collaborating with a flight compensation firm is not the only option.
Reaching out to the NEB (National Enforcement Bodies) is the next course of action after you’ve tried reaching out to the airline directly and have either been denied or not received a response. This service is free of charge. However, it’s not as simple as working with a flight compensation firm and it can be a lengthy process. Typically, it takes at least 2 months for them to process your compensation request.
The major downside — a favourable response to your application doesn’t guarantee that you’ll be compensated. Air Malta may still dismiss 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 enforces the regulation Regulation (EC) 261/2004 and makes sure passengers are treated according to these rules.
3. Advancing the Case to the Court
Your Air Malta compensation claim is denied.
The subsequent step involves presenting the case in court.
Securing a favourable judgement from the NEB in advance is strongly recommended. Possessing such a ruling will significantly assist you in your case against the airline (Air Malta in this instance).
This approach may be the most complicated, but it is quite effective. Prior to escalating your complaint to court, ensure that your claim is valid. Reevaluate your rights and formulate your argument. Only then can you confidently assert that it’s worth advancing to court. If you have a verdict from the NEB affirming your entitlement to compensation, include it in the court documents.
Bear in mind, there are expenses associated with bringing your complaint to court.
Extraordinary Circumstances
It’s commonplace for airlines to sidestep specifying the true reason for denying your claim.
They provide a vague explanation and leave it at that.
They are fond of labelling “everything” as extraordinary circumstances.
The reason is quite straightforward — compensation payouts are not profit-generating for any business. Therefore, airlines try to circumvent compensation payments. Airlines are aware that the majority of passengers lack knowledge of their rights. This ignorance is exploited by the airlines to their advantage. Be a tad sceptical when you come across this term in the future.
According to EU regulation 261/2004, airlines are not obligated to pay flight compensation when the disturbance is instigated by extraordinary circumstances. The extraordinary circumstances consist of severe weather conditions, airport staff strikes (but not Air Malta staff strikes!), and hidden manufacturing defects. Indeed, only hidden manufacturing defects are deemed extraordinary circumstances. Most technical issues are considered the airline’s responsibility.
Furthermore, adverse weather doesn’t always constitute an extraordinary circumstance. In certain instances, the weather is entirely predictable. For example — snow during the winter months (unless snow is infrequent there). In these situations, the airline is expected to undertake the necessary steps to ensure the flight operates on schedule.
Uncover the genuine reason behind the delay or cancellation. It’s important.
Eligibility for Flight Compensation from Air Malta
There are a number of scenarios under which you are legally permitted to seek flight compensation. These situations include flight delays, cancellations, and instances where boarding is denied due to the flight being overbooked.
1. Flight Delays
As per EU regulation 261/2004, passengers are qualified to claim compensation should their flight land at the final destination with a delay of three or more hours.
The compensation amount is estimated based on the length of the delay and the distance of the flight. For instance, if your short flight from Malta to Catania (a journey less than 1,500km) is delayed by more than four hours, you could be entitled to compensation of up to €250.
Keep in mind that delay must be due to the airline’s fault.
Read more: Air Malta Flight Delay Compensation
2. Flight Cancellations
Should your flight be cancelled without at least 14 days’ notice due to the airline’s fault, you become eligible for flight cancellation compensation.
The amount of compensation depends upon the distance of the flight and the delay in reaching your final destination. For instance, if your flight from Venice to Toronto, a distance exceeding 3,500km, is cancelled without a timely notification and a replacement flight gets you to your destination more than four hours late, you could be entitled to compensation of up to €600.
Read more: Air Malta Flight Cancellation Compensation
3. Denied Boarding Due to Overbooking
There are instances where airlines overbook flights in anticipation of some passengers not turning up. If you are denied boarding due to this overbooking, you become eligible for compensation (as long as you don’t give up your seat voluntarily).
The amount of compensation depends on the distance of the flight. For example, you’re travelling from Istanbul to Berlin, a medium distance between 1,500km and 3,500km, and you’re denied boarding due to overbooking. If you reach your final destination with a delay exceeding three hours, you could claim compensation of up to €400.
Read more: Air Malta Denied Boarding Compensation
What is your experience with Air Malta compensation claims? Do you have a first-hand experience of denied Air Malta compensation claim? Did you take the case to NEB or court?