Air travel is undoubtedly our main means of transport when we decide to leave Malta to visit another country.
When we plan a trip, we assume we will get on a plane, as scheduled on our flight ticket, and that we will arrive at our destination more or less on time. In reality, however, there are a lot of things that can go wrong.
Our flight, for instance, may be delayed or even cancelled. We may also be informed at check-in that the flight we are booked on has been overbooked, and therefore we might have to wait for another flight before arriving at our destination.
Flight delays are, undoubtedly, the most common problem air passengers face. If we end up facing a delayed flight, we should bear in mind that the airline is obliged to provide us with free meals and refreshments and two free calls, e-mails or faxes.
However, all this applies when a flight is delayed for over two hours and in the case of flights covering 1,500 km or less; for three hours for intra-community flights of more than 1,500 km and of all other flights between 1,500 and 3,500 km; and four hours for all other flights.
If the delay lasts overnight, then the airline must cover us for free hotel accommodation, transport between the hotel and airport, and meals and refreshments. Furthermore, when the delay exceeds five hours, the airline must either offer re-routing to our final destination or a refund of our flight ticket.
If we opt for reimbursement, the full cost of the ticket must be given to us within seven days. If we are in the middle of a connecting flight when stranded, besides a refund of the ticket, the airline must also provide us with a return flight to the first point of departure, at the earliest opportunity.
In the event of a flight cancellation, our passenger rights vary depending on when we are informed of the cancellation. Whenever flights are cancelled without prior warning, we should be offered a choice between a full refund and an alternative flight.
In addition to this, we are also entitled to care and assistance and also to monetary compensation, which varies according to the length of the flight. The minimum amount is that of €250, which covers flights of 1,500 km or less, €400 for flights of over 1,500 km but less than 3,500 km, and €600 for all flights covering a distance of more than 3,500 hm.
This monetary compensation may be reduced by half if the airline offers us re-routing to our final destination on an alternative flight and the arrival time does not exceed the scheduled arrival time of the flight originally booked by two hours in respect of all flights of 1,500 km or less; or by three hours in respect of all intra-community flights of more than 1,500 km and for all other flights between 1,500 and 3,500 km; or by four hours in respect of all other flights.
Overbooking is another possible inconvenience we might face at the airport. This happens when airlines sell more tickets for a scheduled flight than there are seats on an aircraft, as they expect a number of passengers not to turn up. However, when overbooking occurs, airlines are required to deal with denied boarding in a particular way.
First of all, airlines should call out for volunteers who would accept not to board the flight and free up some seats. These volunteers are entitled to compensation from the airline for not boarding. There are no parameters as to what benefits the airline should offer, but this is a matter of agreement between passengers and the airline.
Hence, if we decide to volunteer, it is advisable to first agree on the sum of compensation with the airline, as well as an alternative flight or a ticket refund.
If there are not enough volunteers, the airline has to refuse boarding to a number of passengers. Whoever is left behind is legally entitled to the same assistance and compensation as though the flight had been cancelled.
Denied boarding can also occur if we book a business or first class seat and because this class is overbooked we are downgraded to another on the same flight. Even in this situation we are entitled to monetary compensation. This refund is a percentage of the ticket price originally paid.
For flights up to 1,500 km, we should be given 30 per cent of the original ticket price. We are entitled to 50 per cent of our ticket for intra-EU flights longer than 1,500 km and for all other flights between 1,500 and 3,500 km, and 75 per cent for all flights longer than 3,500 km. Affected passengers are entitled to this reimbursement within seven days.
The opposite can also happen: we could be offered a seat in a higher class because ours is overbooked. When this happens, the airline cannot charge us an additional payment for our seat.
The airline is not liable to provide compensation when it gives its passengers at least two weeks’ notice that their flight has been cancelled, or if it manages to provide its passengers with another flight at the time of the original flight.
When we travel free of charge or at a reduced fare, legally we cannot claim compensation. We are also not entitled to compensation if we check in late and as a consequence we are not allowed to board the plane.
Extraordinary circumstances also exonerate airlines from paying compensation. According to the regulations, these 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 carrier.
Whenever we are denied our passenger rights, we can file a complaint with the airline, and if no acceptable solution is offered to us we can file a complaint with the Consumer and Competition Department.
If even mediation proves unsuccessful, we may then take our case to the Consumer Claims Tribunal.
customer@timesofmalta.com
odette.vella@gov.mt
Ms Vella is senior information officer, Consumer and Competition Department.