Your air passenger rights can be summarised in 10 basic points, five of which were published last Sunday:

1. Renounce travelling and reimbursement when the trip is disrupted

In the event of a long delay, flight cancellation or denied boarding, you have the right to be reimbursed the full ticket price, in lieu of the flight/s not taken.

2. Compensation in case of delay or cancellation

Under certain conditions, in case of delayed or cancelled travel, and always in case of denied boarding, you are entitled to a standardised financial compensation for the trouble endured. Such compensation varies according to the time lost due to the disruption and distance of the journey.

Compensation is not due if the carrier can prove that the cancellation has been caused by extraordinary circumstances, which could not have been avoided even if all reasonable measures had been taken. You are also not entitled to compensation if you are informed two weeks before the scheduled flight date or if you were offered an alternative for the same route with a similar schedule to the original one.

However, the carrier must still offer you a ticket refund (in full or just the part you have not used), alternative transport to your final destination at the earliest opportunity or rebooking at a later date of your choice (subject to seat availability).

Even in extraordinary circumstances, airlines must provide assistance when necessary, while you are waiting for alternative transport.

3. Carrier liability towards you as a passenger and your luggage

International conventions and EU law stipulate that carriers are liable for passengers in the event of injury or death and for their luggage if the accident takes place on board an aircraft or during any of the embarking or disembarking operations.

In such cases and in some cases of delay, you may be entitled to compensation, which is determined by the damage suffered. Such liability cannot be subject to any financial limit defined by law, convention or contract.

The carrier can be discharged of its liability if it proves that the damage was caused by negligence of the injured or deceased passenger.

4. An advance payment in the event of an incident

The air carrier is obliged to pay the victims or those entitled to compensation an advance proportional to the damage sustained not later than 15 days after identification of the victim.

5. Lodge a complaint with the air carrier

You have the right to lodge a complaint with the air carrier if you think that the service provided was not up to standard. If the carrier does not answer within a reasonable period of time or if you deem its response unsatisfactory, you have the right to lodge a complaint with the competent national enforcement body where the incident takes place, which should treat it within a reasonable time frame. Remember to provide copies of all the relevant correspondence.

The list of national enforcement bodies may be found at http://ec.europa.eu/transport/themes/passengers/air/doc/2004_261_national_enforcement_bodies.pdf . A European Consumer Centre (ECC), supported by the European Commission, is found in every EU country as well as in Iceland and Norway.

The centres are there to help travellers who have difficulties in having their rights respected

The centres are there to help travellers who have difficulties in having their rights respected, such as reimbursement or being rerouted to the final destination and right to obtain meals and accommodation.

Full contact details for ECCs for all countries and links to national websites can be found at http://ec.europa.eu/consumers/ecc/contact_en.htm .

Out-of-court settlements, legal procedures at the national Small Claims Tribunal or filing a claim under a European Small Claim Procedure are possible solutions under EU and national laws.

Your passenger rights

The European Commission reports that travel in Europe has become more reliable and fair for passengers thanks to these measures which, over the past years, have been modified, fine-tuned and approved by the European Parliament and eventually implemented across the EU.

You have the right to a proper application of EU rules by air carriers and tour operators and to an effective enforcement of these rules by the national enforcement bodies.

But it’s up to you to assert these rights. All you need to do is know your rights and who to contact if you have a complaint.

Online

You will find more information about your passenger rights http://ec.europa.eu/passenger-rights , which covers all modes of transport and is available in all of the EU’s official languages.

Mobile app

A mobile app that makes use of the device’s local storage to avoid the need for data connectivity while travelling, is available in 22 languages, including Maltese and English. It covers all transport modes, and for each potential problem, the app explains passengers’ rights and provides information on who to contact in order to seek redress.

The app may be downloaded for free from http://ec.europa.eu/transport/passenger-rights/en/mobile.html .

This information has been provided by Charlo Seychell, PR executive, Media Consulta Malta Ltd.

odette.vella@mccaa.org.mt

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