When travelling by air we may experience delays and end up waiting at the airport for our scheduled flight to depart. Most of such delays are usually short in time but we can also end up waiting for a number of hours which may cause us quite an inconvenience.
In the event of delays that exceed two hours, the Air Passenger Rights Regulations stipulate that the airline is obliged to look after us until we board our flight to arrive at our destination.
In such situations, depending on the length of the delay, the airline is obliged to provide us with free meals and refreshments, plus two free telephone calls, telex or fax messages or e-mails.
If our booked flight is postponed to the following day, the airline is also obliged to provide us with hotel accommodation and transport between the airport and the place where we will be staying.
When the expected delay is at least five hours, the airline should offer us a choice between: a reimbursement of our flight ticket within seven days and, if applicable, a return flight to the first point of departure; or re-routing, under comparable transport conditions, to our final destination at the earliest opportunity or re-routing at a later date.
As passengers we may also be entitled to financial compensation if we reach our final destination with a delay of three hours or more. This is the case following a European Court of Justice ruling, which argued that delayed passengers may suffer from a similar inconvenience as passengers whose flight is cancelled – unless we are offered re-routing that allows us to reach our final destination in less than two hours after the scheduled time of our arrival.
Delays caused by extraordinary circumstances are exempted from financial compensation
We are not entitled to financial compensation if the flight’s delay is due to extraordinary circumstances. To be exempted from paying compensation, the airline must simultaneously prove the existence and the link between the extraordinary circumstances and the delay or the cancellation and the fact that the delay or cancellation could not have been avoided although it took all reasonable measures.
In cases of extraordinary circumstances, the airline is still obliged to provide us with care and assistance, including food, drinks and accommodation where appropriate. If the airline fails to provide us with the required care and assistance, we can organise our own refreshments and accommodation, and subsequently claim the expenses from the airline at a later date. If we decide to do so, it is important that we keep the costs to a minimum and keep the receipts as proof of the expenses incurred.
These regulations apply to all airlines that depart from a European Union Member State and also to flights from outside the EU to an EU Member State on a EU licensed airline.
If these rights are not adhered to by the airline, we should firstly lodge a complaint with the airline by filling in and sending the EU Complaint Form to the concerned airline. If complaining to the airline is not sufficient, then we need to contact the National Enforcement Body in the country where all this is happening.
The role of these bodies is to verify that transport operators are treating passengers in accordance with their rights. When a flight is delayed at Malta’s International Airport or at an airport outside the EU on a flight to Malta with a EU licensed airline, air passengers’ complaints may be addressed to the Malta Competition and Consumer Affairs Authority.
Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.