Persons with reduced mobility are vulnerable and may therefore encounter several obstacles when they travel if they are not provided with adequate assistance.
Regulation (EC) No 1107/2006 provides specific rights to persons with reduced mobility so that they have the same opportunities as other travellers when they opt to travel by air. These legal rights commence from the moment passengers with reduced mobility book their flight with an airline.
The definition of a person with reduced mobility is “any person whose mobility when using transport is reduced to any physical disability (sensory or loco motor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age and whose situation needs appropriate attention”.
These regulations prohibit air carriers from refusing a reservation because the passenger needs special assistance when travelling. In fact, air carriers are not only obliged to accept bookings by disabled passengers but are legally obliged to provide free of charge assistance when the traveller with reduced mobility arrives at the airport and should also offer help to get on and off the plane.
The assistance provided by the air carrier should cover the journey through the airport, boarding the aircraft, the time on board the aircraft during the flight, disembarking from the aircraft, transferring between flights at an airport and travelling through the destination airport. The EU Regulation also stipulates that persons with reduced mobility have the right to transport two pieces of mobility equipment free of charge.
When booking their flight, persons with reduced mobility have the responsibility to inform the aircarrier that they require assistance
Furthermore, travellers with reduced mobility should be allowed to book seats which meet their particular needs. If the airline does not accept pre-booking of seats, these passengers should be allowed to board the aircraft before other passengers.
When booking their flight, persons with reduced mobility have the responsibility to inform the air carrier that they require assistance. Online booking forms should have sections which travellers can fill in to give the airline notice of the help he or she is likely to need.
Before confirming a booking disabled passengers should check with the airline what kind of assistance it offers. In addition, these passengers should give the airline enough notice so that they can organise the required assistance.
They should also make sure that they get confirmation that they need assistance in writing.
This, to have proof that they have requested help in case this help is not made available to them during their trip and they want to take the matter further.
An air carrier may refuse to embark disabled passengers if the latter did not inform the airline about the assistance needed at least 48 hours before the date of departure. Boarding may also be denied when there are justified safety reasons established by law or if the size of the aircraft makes it physically impossible to embark that person.
When these legal rights are breached, passengers may request redress. At first the complaint should be addressed to the defaulting airport or airline. If no agreement is reached, an official complaint should be made with the Malta Competition and Consumer Affairs Authority as it is the National Enforcement Body responsible of this Regulation in Malta.
Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.