Ryanair’s recent announcement to cancel over 2,000 flights over six weeks has left thousands of passengers wondering about their legal rights.

In view of these flight cancellations, earlier this week, the UK’s Civil Aviation Authority (CAA) launched an enforcement action against Ryanair for persistently misleading passengers with inaccurate information regarding their rights.

In a media announcement the CAA claimed that the airline failed to provide its passengers with accurate information regarding re-routing and care and assistance requirements.

Flights to and from Malta are not affected by these cancellations. Ryanair’s passengers can check the list of cancelled flights on Ryanair’s website at www.ryanair.com

Air passengers should be aware that when a flight is cancelled EU rules require the airline to provide its passengers with a refund of the price paid for the flight ticket and, in case of connecting flights, a return flight to the airport of departure at the earliest opportunity, or re-routing to the passengers’  final destination either at the earliest opportunity or at a later date chosen by the passengers under comparable transport conditions and subject to availability.

If passengers are informed that their flight has been cancelled after they have checked in for their flight and opt to take another flight on the same day, the airline has a legal obligation to provide meals and refreshments proportionate to the waiting time. If the wait includes an overnight, then the airline must provide accommodation and also transport to and from the overnight accommodation.

When this care is not provided by the airline and passengers end up paying for meals, accommodation and transport, passengers may claim re-imbursement for these expenses from the air carrier provided they were necessary, reasonable and appropriate.

If, however, passengers reject the air carrier’s reasonable care and instead make their own arrangements, the air carrier is not obliged to reimburse the expenses incurred by these passengers unless agreed beforehand with the air carrier.

Monetary compensation ranging from €125 to €600, depending on the length of the flight and the delay experienced to arrive at the final destination, may also apply depending on when the airline informs its passengers about the cancellation. Passengers are not entitled to claim financial compensation if the air carrier has informed them about the cancelled flight at least 14 days before the date of departure or are informed between two weeks and seven days before the date of departure and are offered a new flight which departs not more than two hours early and arrives less than four hours late.

Financial compensation also does not apply in case of flights that are cancelled because of extraordinary circumstances outside the airline’s control. These include extreme weather conditions, disruption arising from war and political instability where travel is not recommended, security risks and strikes and industrial actions. Technical issues that are a result of the air carrier’s fault to maintain its aircraft are not considered extraordinary circumstances.

To claim compensation, air passengers must first make their claim with the concerned airline and keep a copy of the correspondence. If the airline rejects the claim for compensation passengers should fill in an EU complaint form and send it to the enforcement body where the incident took place.

If a flight is cancelled in Malta or outside the EU on a flight to Malta with an EU licensed airline, passengers may lodge their complaint with the MCCAA.

odette.vella@mccaa.org.mt

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