EU encourages stranded passengers to 'insist on their rights'
The EU is encouraging thousands of passengers stranded in airports across Europe to insist on their rights even though the flight cancellations are due to "exceptional circumstances".
Numerous flights have been cancelled as a volcanic cloud hangs over northern Europe drifting from the volcano beneath the Eyjafjallajokull glacier in Iceland and which began erupting on Wednesday.
At first, many airlines affected by the disruption, including Air Malta, were telling clients they had no control over the situation and, consequently, were not granting any compensation. But a European Commission spokesman yesterday insisted air passengers could still claim many of their rights.
"Stranded passengers can insist on their rights including the right to receive information from airlines, for example, on the situation as it evolved, cancellations and length of delays. They should also claim the right to care, such as refreshments, meals and accommodation as appropriate," the spokesman said.
"Despite being extraordinary circumstances, passengers are entitled to choose between reimbursements of fares and being re-routed to their final destination."
On the other hand, the Commission's spokesman said that, due to the exceptionality of this disruption, passengers were not entitled to additional financial compensation, which would otherwise be the case where delays or cancellations are the airline's fault.
EU rules apply to European airlines and to all third country airlines flying out of European airports. Low-cost airlines are also obliged to follow the rules.
Many Maltese passengers stranded in Brussels since Thursday yesterday complained that Air Malta was not offering any assistance and was claiming that the passenger rights did not apply in such circumstances.
However, when contacted, an Air Malta official said the situation was clarified later in the day and the airline was now doing its utmost to assist its clients.
Many of the stranded passengers in Brussels also tried their luck with alternative routes from other airports and some travelled by car to Paris and Amsterdam to try to return to Malta. However, the attempts were unsuccessful because the alternative airports too remained closed to traffic.
Airports of all sizes in Ireland, the UK, Belgium, the Netherlands, Norway, Sweden, Denmark, Estonia, Latvia, Finland and parts of France, Germany and Poland have been directly affected with disruption expected to move elsewhere in the days ahead.
These airports represent 48 per cent of European air traffic and handle an average two million passengers per day.
Popular Stories
Update 3: Woman found dead in car,...
Updated: Woman dies in car crash
Carm Mifsud Bonnici resigns after...
Part of Dwejra 'Azure window' collapses
The end of the bar that ‘never closed’
Bundy does not know whether to...
Updated - Jason Micallef demands...
This WAS the night - Kurt makes it...
Petrol price up 6c
In Discussion
Updated - Jason Micallef demands...
Gozo tunnel could take 5-7 years to...
CABS remote controlled aircraft shot...
Carm Mifsud Bonnici resigns after...
Joseph Calleja condemns portrayal of...
Updated: Labour would give...
CABS drone shot down
Second group of migrants arrives
Adrian Vassallo in scathing...
15 Comments
Post comment
Please sign in or create your Account to post comments.
Chris Marshall
Apr 18th 2010, 06:19
Help!! My wife, me and 2 small children as well as a number of British Citizens are stranded in the USA, we are receiving no information, no assistance with accommodation, food or medical information. My insurance claims I am not entitled to any compensation, Continental airlines gave us a discount voucher for a hotel which I did not budget for and cannot afford much longer. Any legal or financial or appeal advice would be greatly appreciated.
Isabel Cassar
Apr 17th 2010, 16:53
On a separate issue but still related to EU law as opposed to Maltese Law and related to travel abroad. So, here's my (and many others who were on this tour) story.
I have taken a tour operator to the appeals court (Tribunal first) after a holiday turned out very different to the one we paid for when we saw the brochure and booked our holiday.
The court awarded the MAXIMUM!!! (wow) after the court agreed that I had to be compensated. But the amount awarded was just MTL 100 (EUR 233!!!). Our law in Malta is not in accordance with EU law in terms of compensation. The court insisted that compensation on holidays falls under the 'moral damages' category and the maximum for this is just MTL 100.
I've exhausted all legal channels and still not compensated fairly in my opinion.
Any ideas what I should do to put pressure to:
1) Get the compensation i deserve (As EU citizen i shouldn't be treated differently to a German national),
2) Get our law in line with other member states.
Joseph Calleja
Apr 17th 2010, 16:26
I am not too crazy about airlines in general but I would like to know the name of the EU representative that made such a statement. If you really look at the fine print on the ticket, it clearly states that the airline is not responsible for damages originating from an act of God. This volcano cloud is an act of God so it's not the doing of the airlines. This is not a mechanical, a delayed flight, or a lost bag. I would rather be delayed on the ground than be told that there is engine trouble during flight. In a case like this most airlines will do their best to help their passengers but don't forget they are in the same boat you are. Having airplanes sit on the ground cost airlines millions of euros too and I am sure they want to get that plane up and flying as soon as possible. I think the EU representative misspoke and and incited a lot of false hope for stranded passengers and their families. What the airlines can do and what they are obligated to do by law is two different things. Been there, done that.
Dianna Pisani
Apr 17th 2010, 16:06
I called Air malta and all I got was 'It's an act of God' . As usual no help
Godfrey Grima
Apr 17th 2010, 15:14
Where does the above article say that the EU will be assisting airlines in this time of crisis brought on by nature? After all the financial institutions that bit the dust were bailed out with our taxes for their own gross inefficiency. Here we have airlines, some of them at least, bending over backwards to assist their clients as required for an indefinate period of time. This is not just one particular flight that went horribly wrong. We are talking about an entire operation.
Stefan Bonnici
Apr 17th 2010, 14:56
@ Joseph Vassallo @ Tony Gatt @ Theresa Bartolo Parnis
I beg to clarify that what was being meant in my comment was for the financial aspect.
For the airlines it is important to take the adequate measures to take care for all the effected customers by all that is actually happening.
DANIEL BRIFFA
Apr 17th 2010, 14:44
SO...I AM STRANDED IN THE UK AND AFTER READING THIS LAW YESTERDAY AND GOT ADVICE, I CONTACT AIR MALTA AND THEY SAID THAT THEY ARE NOT OBLIGED TO DO SO...AFTER 25 MINS WAITING TO BE ANSWERED AT 50 CENTS PER MINUTE ON MOBILE PHONE...
AFTER I READ THIS ARTICLE, I PHONED AGAIN...45 MINUTES WAITING AT 50 CENTS A MINUTE AND THEY STILL REFUSED TO GRANT THE RIGHT FOR CAREING AS THIS ARTICLE IS SAYING THY SHOULD DO.
I ASK THE EU SPOKESMAN...WHAT SHOULD I DO NOW?
I ALSO ASK THE EDITOR OF THE TIMES OF MALTA AND THE PERSON WHO WROTE THIS ARTICLE, IVAN CAMILLERI TO DISCLOSE THE NAME ROLE/POSITION WITHIN THE EU AND CONTACT DETAILS OF THIS SPOKESMAN SO THAT REFERENCE CAN BE MADE DIRECTLY TO HIM SHOULD THE NEED ARRISE.
I HAVE SPENT TENS OF EUROS ON PHONE CALLS TO AIRMALTA CUSTOMERE CARE REGARDING THIS. IF THIS ARTICLE HAS FALLS STATEMENTS, ONE SHOULD MAKE SURE THAT ANY EXPENSES INCURRED DUE TO THIS ARETICLE ARE REIMBURSSED ONE WAY OR THE OTHER. IF ON THE OTHER HAND THE STATEMENTS ARE TRUE, THEN AIR MALTA SHOULD CORRECT THEMSELVES IMMEDIATELY.
John Portelli
Apr 17th 2010, 13:18
In this situation, air passengers are on their own. Hey, you can get everything for free. In malta and gozo people think they deserve everything for free. Well, you cannot. You had enough money to travel, and I am sure you have enough to sustain yourselves. The airline does not owe you anything. Sometimes with pleasure comes pain. Face it people, it's not the end of the world yet, so deal with it.
DANIEL BRIFFA
Apr 17th 2010, 15:11
JOHN, from your comment i am sure that you have no worries whatsoever about when you are returning home from another country to be with your family and friends and that’s because you are in Malta, right?
It is not the case that people want things for free. Its a case where people have certain rights and unfortunately these rights are not honoured by the airline company, in my case, Air Malta. Now this is according to the EU Spokesman. If he is incorrect, and i appeal to the real authorities, not Air Malta (due to conflict of interest) to check the validity of his statements, i should remove this article and make him apologize.
Unfortunately in Malta, its not that we want things for free, we just don’t give a damn about people’s rights and hardly ever honour them.
One thing that is for sure, if this spokesman is right, and Air Malta or other airline company does not honour the right of care like it is stated in this article, then these airline companies should be sued and legal proceedings should be taken against them through the EU courts.
Jacqueline Vella
Apr 17th 2010, 15:20
Dear Mr. Portelli,
Do not generalise. Most people stuck in Brussels, to mention just one of the airports are there on work assignments and not for pleasure as you imply. Moreover, people going on holidays still have a budget, and it's not always possible to extend the stay by a number of days especially if one gets to know at the last minute.
Theresa Bartolo Parnis
Apr 17th 2010, 11:39
@Stefan Bonnici
From what I can understand according to E.U. law airlines are not obliged to PAY compensation i.e. financial compensation in such a circumstance, but are still obliged to honour the rights of passengers by way of accomodation, meals etc. and re-routing or refund of the flight.
Emmanuel ZAMMIT
Apr 17th 2010, 11:24
THE EU SHOULD HAVE A SPECIAL TASK FORCE TO CORDINATE SUCH EVENT.After All all EU IS BEEN EFFECTED NOT JUST FEW PLACES!!!
Stefan Bonnici
Apr 17th 2010, 11:16
... A clear fact that EU laws are being blatantly bent by the EU itself.
EU REGULATION (EC) No 261/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91,
states this:
QUOTE
Article 5, Sub-article 3,
An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances
which could not have been avoided even if all reasonable measures had been taken.
UNQUOTE
It is totally useless for the EU to keep encouraging all passengers to insist on their rights, particularly on compensation claims from airlines, whereas this undisputable law states that no compensation is paid for extraordinary reasons such as these recent eruptions.
Joseph Vassallo
Apr 17th 2010, 12:16
I beg to differ!
You are not distinguishing between compensation and care. One is like additional claims for damages or inconveniences whereas the other is a right to be looked-after while waiting to be delivered to wherever your contract (ticket) says they have to deliver you to. I think it is very well explained by the reporter's quotation.
Tony Gatt
Apr 17th 2010, 14:03
EC261/2004 para 17 states-
(17) Passengers whose flights are delayed for a specified time should be adequately cared for and
should be able to cancel their flights with reimbursement of their tickets or to continue them under
satisfactory conditions.