Consumer protection when denied boarding on a flight

Flying has become one of the most common ways to travel and most of the time it is problem free. However, sometimes complications do occur, and in such situations travellers should be aware of the existence of specific regulations that safeguard them.

The Denied Boarding Compensation regulations establish the minimum compensation consumers are entitled to if they are not allowed to board a flight, in spite of them having a valid ticket and a confirmed flight reservation and despite arriving at the check-in within the stipulated time.

In such circumstances, the consumer is entitled to compensation and assistance. The consumer is, first of all, entitled to monetary compensation, which varies according to the distance of the flight that was denied. This varies from a minimum of €250, which covers flights of 1,500 km or shorter, to a maximum of €600 for all flights, which cover a distance of more than 3,500 km.

The distance is calculated from the first point where the consumer is denied boarding to the final destination.

This compensation could be reduced by 50 per cent when passengers are offered re-routing to their final destination on an alternative flight and arrival time does not exceed scheduled arrival time of the flight originally booked by not more than two hours - in respect of flights of 1,500 km or shorter; not more than three hours in case of flights between 1,500 and 3,500 km; and by four hours for flights of more than 3,500 km.

Besides this compensation, passengers are also entitled to either a reimbursement of the cost of the unused ticket, a return flight to the first point of departure, or re-routing to the final destination. Apart from these remedies, the air carrier is also obliged to take care of the consumer by providing, depending on the length of the delay, refreshments, meals, hotel accommodation, transport between the airport and place of accommodation, two free telephone calls, and the cost of telex or fax messages, or e-mails.

In cases of delayed flights, which occur more often, passengers are entitled to care by the air carrier, depending on the length of the delay. For instance, if the delay is more than two hours, passengers must be offered refreshments and the opportunity to make telephone calls. If the time of departure is deferred to the next day, passengers must also be offered hotel accommodation and transport between the airport and the place of accommodation.

Passengers are also entitled to compensation if they are placed in a lower class. When this occurs, the air carrier is obliged to reimburse the passenger according to the length of the flight. If, for instance, the flight is shorter than 1,500 km, then the passenger is entitled to a reimbursement of 30 per cent of the paid ticket. If the flight is longer than 1,500 km but not longer than 3,500 km, ticket reimbursement goes up to 50 per cent, and 75 per cent in case of flights longer than 3,500 km. Affected passengers are entitled to this reimbursement within seven days.

These regulations apply to all passengers departing from an airport located in a member state to which the EC Treaty applies. Moreover, air carriers are obliged to inform passengers of their rights by displaying at check-in a clearly legible notice saying: 'If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance.'

Ms Vella is senior information officer, Consumer and Competition Division.

customer@timesofmalta.com, odette.vella@gov.mt