When we purchase a flight ticket to travel to a destination, there is specific legislation that protects us if we encounter problems with the booked flight.

This protection mainly concerns delays, cancellations and overbooking, and applies to airlines operating within the EU and air carriers registered in the EU or Iceland, Norway or Switzerland.

One of the most common problems air passengers face is delay. A short delay of up to two hours is legally acceptable and, as air passengers, we cannot claim any compensation when we experience such short delays.

However, if our flight is delayed for a long time, the airline is responsible to provide care and assistance to its passengers.

This should include refreshments in the form of meals; communications, such as a free phone call or internet access to send e-mails; and overnight accommodation if necessary. The extent of this care depends on the flight distance and length of the delay.

In cases of long delays, beyond five hours, we may choose to cancel our booking and request a reimbursement of the full cost of the ticket at the price we bought it. We should get this refund within seven days.

If we are halfway through our trip when we experience the long delay and decide to cancel the flight, we are also entitled to a return flight to the first point of departure.

We may also opt for re-routing to our final destination, either at the earliest opportunity or at a later date agreed and subject to availability of seats. If we opt for re-routing, we cannot request for re-imbursement of the flight ticket.

As air passengers we are also entitled to financial compensation if our flight is more than three hours late, or is cancelled, or if we are denied boarding. When applicable, the monetary compensation varies according to the length of the flight.

We are entitled to compensation of €250 if the distance of the flight is 1,500 km or less; €400 for flights over 1,500 km but less than 3,500 km; and €600 for flights that exceed 3,500 km.

The distance is calculated from the airport where we were unable to board the plane, up to our final destination. The financial compensation may be reduced by 50 per cent if the airline offers us an alternative flight that takes us to our final destination close to the original planned arrival time.

Financial compensation does not apply when a flight is cancelled or delayed due to extraordinary circumstances, such as bad weather. It is also not applicable if we are informed about the cancellation at least two weeks before the scheduled flight date or if we are offered an alternative flight with a similar schedule to the original one.

In extraordinary circumstances, even though the financial compensation does not apply, the airline must still offer a refund of the flight ticket in full or just the part we have not used; alternative transport to our final destination at the earliest opportunity; or re-booking at a later date of our choice and subject to seat availability. The airline must also provide assistance when necessary while we are waiting for alternative transport.

In situations of overbooking, the airline must first seek volunteers who agree to be placed on a later flight. If there are not enough volunteers, the airline can free up seats by denying passengers the right to board the plane.

Volunteers are entitled to a refund or re-routing and benefits which they have to negotiate with the airline. There are no parameters as to what benefits the airline should offer. Passengers who do not volunteer, but due to overbooking are denied boarding, have the same entitlement to assistance and compensation as if their flight had been cancelled.

When filing a claim for compensation, as air passengers we should first complain directly with the concerned airline. If our complaint is ignored or we are not satisfied with the airline’s reply, we may submit a complaint by filling the EU Complaint Form found at http://ec.europa.eu/consumers/ecc/index_en.htm .

Once filled, the complaint form should be sent to the enforcement body where the incident took place. If the incident took place in Malta or outside the EU on a flight to Malta with an EU licensed airline, we may register our complaint with the Malta Competition and Consumer Affairs Authority by sending the complaint form to fair.trading@mccaa.org.mt

odette.vella@mccaa.org.mt

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

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