Even though we may take care to plan our perfect journey, there are situations beyond our control.
When a flight is overbooked, airlines can free up seats by denying passengers the right to board- Odette Vella
At the airport, we may be informed that our flight is delayed, or even worse, cancelled. We may even be denied boarding because the airline has overbooked the flight.
In such situations, we may feel helpless and disoriented unless we know what our rights are and what the airline should do for us.
Flight delays are the most common problems passengers face. Regardless of the cause of the delay, the airline operating the flight is legally obliged to help us.
First and foremost, the airline should provide us with meals and refreshments appropriate to the length of the delay and also two free telephone calls or e-mails.
This obligation triggers off when a flight is delayed for more than two hours.
If our flight won’t take off before the following day, the airline is required to provide us with hotel accommodation and transport to and from the hotel.
If the flight is delayed by more than five hours, and we decide not to travel, then we are entitled to a refund of the flight ticket. This refund should be paid by the airline within seven days.
Should we be denied such care and help, it is advisable to keep the receipts of any meals and refreshments we buy during our stay at the airport. We should then present these receipts when we file a complaint against the airline.
Furthermore, if we made essential calls on our mobile phone during the delay, we can also send a copy of our bill, highlighting the calls made.
A worse scenario is a cancelled flight. Should this occur, we are not only entitled to care and assistance similar to when flights are delayed, but we are also entitled to a refund of the flight ticket within seven days, or to alternative transport to our final destination.
If the airline cannot fly us to our intended airport, it is allowed to fly us to another airport within the same region. However, the airline must then transfer us either to the airport it was originally flying to, or to an agreed close location.
If our flight is cancelled we may also be entitled to financial compensation. The amount of compensation we receive depends on the length of our flight and also on how long it takes us to arrive to our final destination.
The monetary compensation varies from €250 to €600, depending on the length of the flight. However, this compensation may be reduced by half if the operating air carrier offers passengers re-routing and the arrival time does not exceed the scheduled arrival time of the flight originally booked:
(a) by two hours in respect of all flights of 1,500 km or less; or
(b) 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
(c) by four hours in respect of all flights not falling under (a) or (b).
Furthermore, such compensation is due unless passengers are informed 14 days before the scheduled time of departure, or were offered re-routing close to the original time of departure and arrival.
This financial compensation also does not apply if the airline proves that the cancellation was caused by extraordinary circumstances that could not have been avoided even if all reasonable measures have been taken. However, even in extraordinary circumstances, passengers are still entitled to a full refund or alternative travel arrangements plus assistance.
Overbooking is another possible situation passengers may face when about to board a flight. When a flight is overbooked, an airline must first ask for volunteers to give up their seats before passengers are denied boarding. Volunteers are entitled to a refund or re-routing and also ‘benefits’ which they have to negotiate with the airline. If there aren’t enough volunteers, airlines can free up seats by denying passengers the right to board the plane.
Should we, against our will, be denied boarding, we are entitled to the same assistance and compensation as if our flight has been cancelled.
When our flight is either delayed, cancelled, or overbooked, the airline is legally obliged to provide us with written information about the rules for compensation and assistance.
These rights are protected by European law (Regulation (EC) 261/2004) and apply to all airlines. The regulations also apply to any flight from or within the EU as well as to flights from a non-EU country to the EU, provided the airline is licensed in the EU.
When passengers have a problem or a complaint about their legal rights, they should first complain with the airline and try to solve the issue amicably. If this is not enough, they may file a complaint against the airline with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.
odette.vella@mccaa.org.mt
Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.