Flight delays and cancellations are often unpredictable and cause frustration and disruption to passengers. Whether it’s a business trip or a long-awaited vacation, unexpected changes to a flight schedule can lead to missed connections, additional expenses, and significant inconvenience. In such situations, it is crucial for air passengers to be aware of their legal rights to ensure they receive the assistance and compensation they are entitled to.
Air passenger rights are established under the European Union Regulation 261/2004, and apply to all airlines operating flights that depart from an EU member state, and extend to flights from outside the EU to an EU member state when operated by an EU-licensed airline.
Flight delays are undeniably more common than cancellations. While many delays are minor, there are times when passengers find themselves stuck at an airport for hours. Whether the delay is due to technical issues, adverse weather conditions, or airline scheduling problems, knowing what the law states in these situations is necessary for passengers to ensure their rights are honoured.
When flights are delayed by more than two hours, airlines have a legal obligation to take care of their passengers. This includes providing meals and refreshments appropriate to the length of the delay, as well as access to communication, such as phone calls or e-mails.
Passengers are also entitled to accommodation if the delay extends overnight. In such cases, the airline must also cover transport between the airport and the accommodation. These rights help ensure that passengers are not left stranded without necessities during extended flight delays.
For delays exceeding five hours, passengers have additional rights. Airlines must offer a choice between:
- A full refund of the ticket price within seven days;
- A return flight to the original point of departure, if applicable;
- Rerouting to the final destination under comparable transport conditions, either at the earliest opportunity or on a later date, subject to availability.
Depending on the cause of the flight delay, passengers may also be entitled to financial compensation for the inconvenience experienced. If a flight is delayed by more than three hours and the delay is not due to extraordinary circumstances beyond the airline’s control, passengers have the right to claim monetary compensation ranging from €250 to €600 depending on the flight distance.
In cases of cancellation, airlines must offer passengers a choice between a refund of the flight ticket or re-routing
For instance, passengers on flights covering less than 1,500km are entitled to €250 in compensation if their flight is delayed by more than three hours. For flights between 1,500km and 3,500km, the compensation increases to €400, while for flights exceeding 3,500km, passengers can claim €600 in compensation.
Passengers have similar rights for cancelled flights. However, in cases of cancellation, airlines must offer passengers a choice between a refund of the flight ticket or rerouting as soon as they are informed of the cancellation. If a refund is chosen, the airline’s legal obligation is limited to reimbursing the full amount paid for the ticket.
While opting for a refund may seem like the best solution, it may not always be the best choice, especially if the cancelled flight is a return flight. In such cases, passengers would need to make their own travel arrangements, which could end up costing significantly more than the refunded ticket price. Additionally, if no alternative flight is available on the same day, passengers may also face accommodation expenses.
To avoid these additional costs, passengers are advised to request rerouting from the airline. If a suitable rerouting option is not available on the same day, the airline is legally responsible for covering any necessary accommodation and transport costs.
Airlines are also obliged to provide compensation for cancelled flights, except in cases where the cancellation is due to an extraordinary circumstance. Monetary compensation is also not applicable in situations where the airline informs passengers about the cancellation at least 14 days before the scheduled departure.
If the airline notifies passengers between seven and 14 days before departure, they are still exempt from providing compensation, provided they offer an alternative flight that does not depart more than two hours earlier than the original flight and arrives at the destination up to four hours after the scheduled arrival time.
If airlines fail to provide a remedy or compensate affected passengers in accordance with EU regulations, passengers must first submit their claim directly with the concerned airline and retain copies of all correspondence. If the airline rejects the claim, the next step is to file a complaint with the national enforcement body in the country where the incident occurred.
In cases of delays or cancellations in Malta, or on flights to Malta from a non-EU country, passengers can direct their complaint to the MCCAA.
Odette Vella is director, Information and Research Directorate, MCCAA.