Sometimes our booked flight does not leave on scheduled departure time but is delayed. Short delays are accepted by law and as air passengers we cannot claim any compensation when when experiencing a delay of less than two hours.
In the event of delays exceeding two hours or longer, depending on the distance of the flight, the airline is legally obliged to look after us until our flight takes us to our destination.
This care includes free meals and refreshments, two free telephone calls, telex or fax messages or e-mails. If our flight is postponed to the following day, we must also be offered hotel accommodation and transport between the airport and place of accommodation.
If the delay is more than five hours and we decide to cancel our trip, we may ask for a refund of our flight ticket and, where applicable, to be flown back to the first point of departure.
If, as a result of the delayed flight, we arrive at our destination three hours after the scheduled arrival time, we are entitled to the same financial compensation as that offered to passengers whose flight has been cancelled. This is due to a ruling of the European Court of Justice, which changed the interpretation of Regulation (EC) 261/2004 regarding flight delays.
We cannot, however, claim financial compensation if the flight’s delay is due to extraordinary circumstances that are beyond the airline’s control. Extraordinary circumstances include problems like extreme weather conditions and strikes. In case of extraordinary circumstances, the airline is still obliged to provide us with care and assistance, including food, drinks and accommodation, where appropriate.
When a flight is delayed, we are legally entitled to care and assistance by the airline
If the airline fails to provide us with the required care and assistance, we can organise our own refreshments and accommodation and then claim expenses from the airline at a later date. If we decide to do so, it is important we keep the costs to the minimum and receipts.
Airlines may also be held liable for damages resulting from delays. If we incur such damages, it is important we keep the proof of the extra costs incurred.
These regulations are applicable to all worldwide airlines departing from a EU member state and, in the case of flights from outside the EU to a destination within the EU, only to airlines licensed in a member state.
In case we need to lodge a complaint because our airline failed to provide us with the care or compensation we were legally entitled to, we first need to make our complaint with the air carrier that operated the flight.
If complaining to the airline is not sufficient, we should then contact the national enforcement body in the country where the incident took place. The role of these bodies is to verify that transport operators treat all passengers in accordance with their rights.
When a flight is delayed in Malta, air passenger complaints may be addressed to the Malta Competition and Consumer Affairs Authority.
odette@mccaa.org.mt
Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.