Kdy máte nárok na odškodnění při zpoždění letu?




Nárok na finanční náhradu škody vzniká každému cestujícímu, kterému byl zpožděný let o více jak tři hodiny v cílové destinaci. Zpoždění letu nesmí být způsobeno mimořádnými okolnostmi a musí být uskutečněn evropským dopravcem nebo s odletem z území Evropské unie, Norska, Islandu či Švýcarska.

ZPOŽDĚNÝ LET

Výše nároku na finanční náhradu škody pro osobu se stanovuje dle délky letu.

250 EUR – vzdálenost letu do 1500 km
400 EUR – vzdálenost letu více než 1500 km a méně než 3500 km nebo na lety v rámci EU delší než 1500 km
600 EUR – vzdálenost letu nad 3500 km

ClaimCloud.cz

O finanční nárok lze žádat až 3 roky zpětně na všechny lety, které jsou s odletem nebo příletem v ČR nebo operovány leteckou společností, která má sídlo v ČR. Na základě rozsudku soudu ČR na konci roku 2019 došlo k upřesnění (v ust. § 2553 odst. 3 občanského zákoníku), že každý nárok musí být notifikován letecké společnosti do 6 měsíců od uskutečnění letu. Pokud nebude tak učiněno, může být případ promlčený, v případě, že se letecká společnost odvolá.

MIMOŘÁDNÉ OKOLNOSTI

Letečtí dopravci nemusí hradit finanční náhradu škody, pokud se prokážou mimořádné okolnosti na daném letu nebo jeho předešlých rotacích. Mezi mimořádné okolnosti se řadí:

  1. Špatné počasí – silný vítr, déšť
  2. Politické nepokoje
  3. Stávka zaměstnanců letiště (často bývá ve Francii)
  4. Problémy na letišti – požár haly, nález bomby z 2. světové války
  5. Střet s ptákem – viz případ Peška / Pešková vs. Travel Service a.s.

CO NEJSOU MIMOŘÁDNÉ OKOLNOSTI

Letecké společnosti se i přesto často vymlouvají na mimořádné okolnosti, které ale nejsou definovány jako mimořádné.

  1. Technická závada běžná provozu
  2. Nemoc posádky – pouze z místa kde letecká společnost má HUB
  3. Náraz mobilních schůdků do letadla
  4. Provozní nedostatky v letovém řádu

KDE NÁROKOVAT FINANČNÍ NÁHRADU ŠKODY

Cestující mohou žádat u každé letecké společnosti na jejich kontaktních místech. Pokud se cestující necítí na řešení nebo se jim nechce řešit svépomocí můžou využít poradenské společnosti jako je například dobře hodnocená agentura ClaimCloud.cz, která má dobré hodnocení jak na FB, tak na GOOGLE s podporou v českém jazyce.




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