Getting stranded at the airport due to delayed and cancelled flights is not only frustrating but can also ruin the much-awaited summer holiday.
It is therefore important to be psychologically prepared for such situations and acquire information about our legal rights and the kind of compensation we are entitled to from the airline when flight delays or cancellations occur.
The Denied Boarding Compensation Regulations place obligations on airlines to provide compensation and assistance to checked-in passengers when they experience a long delay, cancellation or are denied boarding.
The regulations cover passengers who depart from an EU airport or from a non-EU airport and flying into an EU airport on a community carrier - an airline with its headquarters and main place of business within the EU. It also includes all European low cost airlines.
If the flight is delayed by over two hours, we are entitled to assistance, depending on the length of the delay. During such a delay we must be offered adequate meals and refreshments and the possibility of making two free telephone calls, e-mails, telexes or faxes.
If the delay is more than five hours, we can request reimbursement of the ticket. If the time of departure is deferred until the next day, we should also be offered hotel accommodation and, where needed, transport between the airport and the hotel.
In a situation where we are denied boarding due to cancellation, we must first of all be offered a choice between a full refund and an alternative flight. We should also be cared for through meals and refreshments, telephone calls and, where appropriate, hotel accommodation and transport to and from the hotel.
We are also entitled to monetary compensation, which varies acc-ording to the length of the flight. The minimum amount is €250, which covers flights of 1,500 km or less. There's a compensation of €400 for flights of more than 1,500 but less than 3,500 km. The maximum compensation is €600 for all flights that cover over 3,500 km. The distance is calculated from the first point we are denied boarding to the final destination.
This financial compensation could be reduced by half when we are offered re-routing to our final destination on an alternative flight and arrival time does not exceed the scheduled arrival time of the flight originally booked by not more than two hours, in respect of all flights of 1,500 km or less; or not more than three hours in case of flights between 1,500 and 3,500 km; and by four hours in respect of flights of over 3,500 km.
Airlines are not obliged to pay compensation if they can prove a cancellation is due to 'extraordinary circumstances', which could not have been avoided even if all reasonable measures had been taken.
According to the regulations, extraordinary circumstances include 'political instability", meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier. However, the right to care and assistance still applies even in such circumstances.
As passengers, we must be careful because an airline can come up with the excuse of 'an extraordinary circumstance', which in reality it is not. A common excuse can be, 'We experienced unforeseen technical problems'.
While it is possible that technical problems can sometimes qualify as 'extraordinary circumstances', it is not always the case. In this case, the airline would have to show the problem was completely out of the ordinary and something they could not have taken steps to avoid.
We are also entitled to compensation if we are placed in a class lower than that on the ticket we purchased. In this case, the air carrier is obliged to reimburse us according to the length of the flight. If, for instance, the flight is less than 1,500 km, we are entitled to a 30 per cent reimbursement of the cost of the ticket. If the flight is more than 1,500 km but not over 3,500 km, reimbursement goes up to 50 per cent and 75 per cent in case of flights longer than 3,500 km. Reimbursement should materialise within seven days.
Passengers who experience delays and cancellations and do not receive the compensation they are entitled to should make a claim with the airline immediately.
If the airline refuses to pay the compensation, passengers should file a complaint with the Civil Aviation Department by e-mailing air passengerrights.tm@transport .gov .mt.
If mediation through this department is not successful, passengers can then take their case to the Consumer Claims Tribunal.
customer@timesofmalta.com
odette.vella@gov.mt
Ms Vella is senior information officer, Consumer and Competition Division.