Our air passenger rights

Whether we like it or not, flight delays and cancellations are part of the airport experience.

Regardless of how well we plan our trip or holiday, there is always the risk of arriving at the airport, checking in, and hearing an announcement that our flight has been delayed, or even worse, cancelled.

In such a situation, we might feel lost and frustrated. Frequent travellers usually panic less because they usually know what to do and are aware of their legal rights.

To avoid panic, it is important to gather as much information as possible about what we should expect from an airline when a delay or cancellation is announced.

The most common phenomena are undoubtedly delayed flights. When our flight is delayed we are entitled to care and assistance, depending on the length of the delay. In fact, our legal rights start applying when the delay exceeds two hours.

After two hours, we should be offered refreshments and the possibility of making two telephone calls or send faxes or e-mails. If the time of departure is delayed to the next day, we should also be offered hotel accommodation and transport from the airport to the place of accommodation.

If the delay exceeds five hours, we can request a reimbursement of the full cost of the ticket at the price we paid, if we choose not to travel. This refund must be given to us within seven days.

If we are already half-way through our journey when such a delay occurs, then we are also entitled to a return flight to the first place of departure at the earliest opportunity. Instead of reimbursement, we may opt for re-routing to our final destination either at the earliest opportunity or at a later date agreed with the airline.

In the event of a flight cancellation, our passenger rights vary, depending on when we are informed about it. 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 €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 which cover a distance of over 3,500 km.

However, when an alternative flight is offered to us by the airline and we arrive at our destination close to the original arrival time, the applicable financial compensation is reduced by half.

This condition applies when 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.

The financial compensation for cancelled flights does not apply if the airline informs us of such a cancellation at least 14 days before the scheduled time of departure, or when we are offered re-routing close to the original times of departure and arrival.

When we travel free or at a reduced fare that is not available to the public, 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 circumstances include, political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes affecting the operation of an operating carrier.

Whenever we are denied our legal air passenger rights, we can seek the help of the Consumer and Competition Department to claim compensation. If mediation through this department is not successful, we may 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.