Delays at the airport

Robert Spiteri asks:
What are my rights in case of a long delay at the airport?

Since last week, under a new EU law that entered into force on February 17, passengers who face unreasonably long delays at the airport have now become entitled to a set of specific rights.

This is the first time under EU law that certain rights are being granted in cases of delays.

Your rights apply when you face a delay at any EU airport (for instance, here in Malta) irrespective of your destination. But they also apply when you are flying from outside the EU to an EU country and on an EU airline (for instance, flying from Tunisia to Malta on Air Malta).

Your entitlement really depends on the length of your delay in relation to the distance you will travel.

For instance, if you face a delay of more than two hours in the case of a flight covering a distance of less than 1,500km (say, Malta to Rome) you will be entitled to claim your rights. For flights covering a longer distance in the EU, the delay cannot be more than three hours (Malta to London). For other flights, the delay cannot be more than four hours.

In such cases you are entitled to be given assistance by the airline. This consists of a meal and refreshments that are reasonable in relation to the delay as well as to two free calls, faxes or e-mails.

Moreover, if the departure is postponed to the day after, you are entitled to hotel accommodation as well as transport to and from the hotel. And in cases of delays of more than five hours you are entitled to a reimbursement of the full cost of the ticket (at the price at which you bought it) for the part of the trip that was not made or for the entire trip if your original travelling plans have been ruined. This reimbursement must be paid to you within seven days. Alternatively you can claim a return flight to the first point of departure, at the earliest opportunity.

These are the rights that you have in cases of delays.

It is interesting to note that the assistance to which you are entitled as described above must be given to you in good time. This means that you should not be left to wait for four hours to be given a meal and refreshments when you are already entitled for them after a two- or three-hour delay.

Note also that your rights apply both on scheduled as well as on non-scheduled flights (for instance, if you are on a chartered flight as part of a package tour).

Note, however, that delays do not give rights to monetary compensation over and above what is mentioned above. Compensation over and above what is listed above is normally available in cases of denied boarding (that is, when you are not given a seat on the plane despite having a valid ticket) or in certain cases where your flight is cancelled.

You are still entitled to your rights in cases where you got your ticket at a discount or at a special rate or on the back of points earned in a frequent flyer programme. But you are not entitled to these rights if you are travelling free of charge.

If you happen to face a delay in the way described above, you should press a complaint immediately with the airline, claiming your rights for having faced a delay.

Do not accept excuses from the airline such as the delay "was not our fault". A delay is a delay and you should get the assistance to which you are entitled. If it was truly not the airline's fault then it is up to it, not up to you, to claim compensation for the damage caused.

Airlines are required to place clearly visible notices at check-in counters to inform you that you are entitled to certain rights in the case of delays, cancellation or denied-boarding.

And if you feel that an airline has not given you your rights, then you may submit a written complaint to the national competent authority. In our case, this appears to be the Director of Civil Aviation, although this information does not yet appear to have been communicated to the European Commission, which is a pity.

Readers who would like to raise issues or ask a question to Dr Busuttil are invited to send an e-mail, making reference to this column, to contact@simonbusuttil.com