The inconvenience goes beyond waiting
A last-minute flight cancellation, a flight delay that drags on for hours, or denied boarding due to overbooking are not mere inconveniences. They represent a violation of your passenger rights and can cause concrete damage, which goes far beyond the cost of the ticket. We understand the frustration and helplessness you feel in these situations, when work plans, holidays, or family commitments are disrupted. As an expert lawyer in compensation for damages in Milan, lawyer Marco Bianucci assists passengers to ensure they obtain not only the pecuniary compensation provided by law, but also fair compensation for all further damages suffered.
Compensation and Damages: Let's Clarify
It is crucial to understand the distinction between two often confused concepts: pecuniary compensation and supplementary damage compensation. The former is a lump sum amount (from 250 to 600 euros) provided for by Regulation (EC) No. 261/2004, which is due to the passenger solely for having experienced a significant delay, cancellation, or denied boarding, regardless of further consequences. Supplementary damage compensation, on the other hand, concerns the economic losses and moral damages that are a direct consequence of the air service disruption. This can include lost hotel nights, tickets for events that could not be attended, missed job opportunities, or damage resulting from a ruined holiday.
How is supplementary damage proven?
Obtaining compensation for supplementary damage requires targeted legal action. Unlike pecuniary compensation, which is almost automatic under certain conditions, further damage must be rigorously proven. It is necessary to collect and keep all useful documentation: receipts for extra expenses incurred (food, accommodation, alternative transport), unused hotel bookings, employment contracts, or emails demonstrating a lost professional opportunity. The quantification of damage is a delicate process that requires careful analysis of each individual loss and its correct legal qualification.
The Approach of the Bianucci Law Firm
The approach of lawyer Marco Bianucci, a lawyer with extensive experience in compensation for damages in Milan, is strategic and personalized. The first phase consists of a detailed analysis of your case to verify the existence of the prerequisites for both pecuniary compensation and supplementary damage compensation. Subsequently, the firm handles the collection of all necessary evidence and the precise quantification of the extent of the damage suffered. The goal is to present the airline with a solid and documented claim, managing the negotiation assertively and, if necessary, initiating legal action to fully protect your rights. We do not just claim what is owed; we build an unassailable case to maximize the achievable outcome.
Frequently Asked Questions
When am I entitled to compensation for a cancelled flight?
You are entitled to pecuniary compensation if the cancellation was communicated to you less than 14 days before departure and is not due to exceptional circumstances (such as extreme weather conditions or unforeseeable strikes). In addition, you are always entitled to a refund of the ticket or rebooking on another flight and, if demonstrable, to compensation for supplementary damage.
What is meant by supplementary damage from flight delay?
Supplementary damage refers to all economic losses and inconveniences that go beyond simple waiting. Common examples include missing a connection, the cost of an unexpected hotel night, the loss of already paid holiday days, or missing an important business meeting. Each damage must be documented to be compensated.
How long do I have to claim compensation from the airline?
In Italy, the statute of limitations for exercising the right to compensation for damage from air transport is two years. The period begins to run from the scheduled arrival date at the destination or from the day the plane should have arrived. It is advisable to act promptly to avoid losing the right.
Can the airline refuse compensation for exceptional circumstances?
Yes, the airline is not obliged to pay pecuniary compensation if it proves that the disruption was caused by exceptional circumstances that could not have been avoided even by taking all necessary measures. However, airlines often abuse this justification. A legal analysis of the case can determine whether the invoked circumstance is truly 'exceptional' according to case law.
Contact the Law Firm for an Assessment of Your Case
If you have experienced a significant delay, cancellation, or denied boarding and believe you have suffered damage that goes beyond mere inconvenience, it is important to know and assert your rights. Lawyer Marco Bianucci and his firm in Milan, at Via Alberto da Giussano 26, are at your disposal to analyze your situation, assess the validity of your claims, and assist you in obtaining fair compensation. Contact the firm for an initial assessment of your case.