European Regulation EC261/2004 entitles air passengers to up to €600 if their flight is delayed by three hours or more if they are flying within the EU or arriving in the EU on board an EU airline.

The same financial compensation applies when flights are cancelled or overbooked, unless the delay or cancellation is due to an extraordinary circumstance.

The regulation stipulates that extraordinary circumstances may include events like extreme adverse weather, political instability, security risks and terror threats, strikes and industrial actions. Up to a few weeks ago, technical or maintenance issues that arise from an exceptional event beyond the control of the airline was also considered an extraordinary circumstance.

This changed on September 17, when the European Court of Justice ruled that airline passengers can claim compensation for delays caused by technical faults.

Over the years, airlines have consistently argued that technical faults count as an extraordinary circumstance despite court decisions to the contrary.

Now, the European Court of Justice has ruled that a ‘technical problem’ is not one of the extraordinary circumstances airlines can use as a defence to not pay compensation to passengers. This ruling is important because it is binding in all European courts.

When a flight is delayed for a long time, cancelled or overbooked, besides financial compensation, air passengers are also entitled to care and assistance.

This also applies when the cause is an extraordinary event. After two hours waiting at the airport, passengers must be offered refreshments and the possibility of making two telephone calls or send faxes or e-mails. If the time of departure is deferred to the next day, passengers must also be offered hotel accommodation and transport between the airport and the place of accommodation.

Furthermore, if a flight is delayed by more than five hours, and passengers decide not to continue with their journey, the law gives them the right to have their ticket reimbursed and be flown back to where their journey started.

odette.vella@mccaa.org.mt

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