Air passenger rights

It is an unfortunate reality that despite our efforts to plan a perfect holiday, things could go wrong when we least expect them to. Airline delays, cancellations and lost or damaged luggage are all inconveniences which travellers may encounter from time to time. Is there some form of remedy?

First of all, if your flight is delayed, cancelled, or you are denied boarding, you must be given a written notice setting out the rules for assistance. In addition, a sign must be displayed at the check-in area, outlining your rights.

It is important that you present yourself in time for check-in or, if no time is indicated, at least 45 minutes before the published departure time.

Delays

If your flight is delayed, you are entitled to care and assistance (after a minimum of two hours, depending on the length of the journey). The care and assistance you are entitled to consists of a free meal and refreshments, two free telephone calls, faxes or e-mails, free hotel accommodation if a delay means a stay of one or more nights is necessary, and free transport between airport and accommodation.

If you do not receive this assistance, you should write to the airline, enclosing all reasonable receipted expenses, seeking reimbursement.

Under EC Regulation 261/2004, you are not entitled to financial compensation if your flight is delayed.

If a flight is delayed by five hours or more, you have the right to request a refund of the unused part of the ticket, should you decide not to travel or accept alternative transport to your destination offered by the airline.

Cancellation

If an airline cancels your flight, you have the choice of either a full refund of the unused portion of the ticket or to another flight to the final destination. You are always, if you are awaiting alternative transport by the airline, entitled to care and assistance, taking into account waiting time.

In addition, you are entitled to compensation for cancellation, which is calculated according to distance of the flight. However, you do not have the right to compensation by the operating air carrier if you are informed of the cancellation at least two weeks before departure or if you are informed in advance and offered alternative flights sufficiently close to your original flight times.

Passengers are not entitled to financial compensation if a flight is cancelled due to 'extraordinary circumstances' - those beyond the airline's control.

Denied boarding and luggage issues will be tackled next week.

This information was provided by the European Consumer Centre Malta.