Rights from your smartphone

The European Commission re­cent­ly launched an app for smartphones containing information on our rights as air and rail passengers as part of its Your Passenger Rights At Hand campaign.

This app works on four mobile platforms: Apple iPhone and iPad, Google Android, RIM Blackberry and Microsoft Windows Phone 7. It is available in 22 EU languages and provides information on the legal rights passengers have when using air and rail transport.

When unexpected problems arise and we feel at our most vulnerable, such as when we are stranded in a foreign airport, clicking on our smartphone can help us acquire knowledge on what we are legally entitled to.

The smartphone app lists out a number of potential problems and explains what rights passengers have in a particular situation. When problems remain unresolved, the app also provides information on who to contact to complain.

All smartphone users may access the download pages for all devices through the QR code.

Rights as air passengers

Denied boarding: When we have a valid flight ticket and are denied boarding by the airline, before leaving us stranded at the airport, the airline should first seek volunteers to give up their reservation in exchange for certain benefits. Volunteers should also be offered to choose between a full refund and re-routing.

Passengers who are unwillingly left at the airport may also be entitled to financial compensation that ranges between €125 and €600, depending on the distance of the flight and the delay experienced to reach the final destination.

The passengers who voluntarily opt to take an alternative flight must be provided with food, access to a telephone, hotel accommodation of one or more nights, if necessary, and transportation between the airport and the place of accommodation.

Flight cancellation: Financial compensation also applies when flights are cancelled, unless we are informed of the cancellation at least 14 days before the flight or are re-routed to our final destination close to our original times. This compensation does not apply when cancellation is caused by extraordinary circumstances.

Besides financial compensation, where applicable, the airline must also offer a choice between:

• Re-imbursement of our ticket within seven days;

• Re-routing to our final destination under similar conditions;

• Care, where necessary, which includes phone call, refreshments, food, accommodation, transportation to the accommodation.

Flight delays: When we are left at the airport waiting for hours because our flight has been delayed, we are legally entitled to care by the airline.

This care is equivalent to free phone calls, refreshments, meal, accommodation and transportation to the place of accommodation, where appropriate.

If the flight is delayed by over five hours and we decide not to continue our journey, the law entitles us to have our ticket reimbursed and be flown back to where our journey started. If, due to the delay, we arrive at our final destination over three hours late, we may be entitled to the same financial compensation as when flights are cancelled. Airlines can also be held responsible for damages suffered due to the delay. All this applies unless the delay was due to extraordinary circumstances.

Lost, damaged or delayed baggage: We also have a right to claim financial compensation if our suitcase is lost, damaged or delayed. Airlines are not liable to provide compensation when they prove they have taken all reasonable measures to avoid damages or that it was impossible to take such measures.

To claim compensation for damaged luggage, we need to lodge a complaint with the airline within seven days of receiving the damaged suitcase. For delayed receipt of luggage, this period is a maximum of 21 days.

Price transparency: When we purchase a flight ticket, we must be clearly informed of the final price. This price should include the applicable air fare, as well as applicable taxes, charges, surcharges and fees that are unavoidable and foreseeable at the time of the publication of the price.

When there are optional price supplements, we have the right to be informed about these in a clear and unambiguous way at the start of the booking process. Our acceptance of these extra services should be on an ‘opt-in’ basis.

Complaining when our rights are infringed: When we are not given what we are legally entitled to under the air passenger rights legislation, we must, first of all, complain with the airline.

If we are not satisfied with the response or the compensation offered, we will need to file a complaint with the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority.

info@mccaa.org.mt

odette.vella@mccaa.org.mt

Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.