Flight delays and cancellations are an unwelcome surprise for travellers, as such incidents disrupt travel plans and are a source of stress and frustration. While such situations are inevitable, it is, however, crucial for air passengers to be aware of their rights and what they need to do to ensure their rights are safeguarded.
The legislation governing air passenger rights in the EU is Regulation (EC) No 261/2004. This regulation establishes rules for compensation and assistance in the event of denied boarding, flight cancellations or long delays.
Flight delays are unquestionably more prevalent than cancellations and, though frequently brief, on occasion, they can extend into lengthy waits at an airport. When flights are delayed for over two hours, the operating airline is in the first instance obliged to provide its passengers with meals and refreshments proportionate to the time of waiting, access to communication such as phone calls or e-mails, and, if necessary, accommodation. The latter is applicable only if the delay extends to the following day. In such cases, the airline is additionally responsible for arranging transportation for passengers from the airport to the place of accommodation.
In case of delays exceeding five hours, airlines must offer passengers the option of either receiving a refund for their unused flight ticket within seven days, along with a potential return flight to the initial departure point, or rerouting to the final destination at the earliest available opportunity, or at a later date, under comparable transport conditions.
If a flight of less than 1,500km is delayed by over three hours, passengers are eligible for €250 in compensation
In addition, in the event that passengers arrive at their destination with a delay exceeding three hours, they may also qualify for financial compensation. The monetary compensation varies from €250 to €600 depending on the distance of the affected flight. For instance, if a flight of less than 1,500km is delayed by over three hours, passengers are eligible for €250 in compensation. For flights of between 1,500 and 3,500km, the compensation increases to €400, while for flights surpassing 3,500km, air passengers are entitled to €600. However, if the delay arises from factors beyond the airline’s control, such as adverse weather conditions or airport strikes, the airline is not held accountable for compensation.
Similar rights to those for flight delays apply to cancelled flights. However, in such instances, the airline is obliged to offer passengers a choice between a refund for the flight ticket or rerouting as soon as they are notified of the cancellation. If a passenger opts for a refund, the airline is only obliged by law to reimburse the amount paid for the flight ticket. However, this may not be the optimal choice for a cancelled return flight.
In such a situation, opting for a refund would mean passengers would need to buy another flight ticket to return home, and if they do not find a return flight on the same day, they will incur accommodation costs. So it would be best for passengers to ask the airline for alternative rerouting options. If same-day rerouting is not possible, the airline is legally responsible to cover any associated accommodation costs.
Should the airline fail to provide rerouting options and passengers are compelled to make their own travel arrangements, it is important that they retain evidence of this and keep receipts for all expenses incurred.
Upon returning home, passengers can then contact the airline and request reimbursement for the incurred additional costs. However, it is crucial to minimise these expenses where possible.
While airlines are also obliged to give financial compensation for cancelled flights, unless the cancellation was due to an extraordinary circumstance, monetary compensation does not apply in situations where the airline informed its passengers about the cancelled flight at least 14 days before the departure date.
Additionally, compensation is not required if passengers were informed between seven and 14 days before departure and were offered an alternative flight departing not more than two hours before the original departure time and arriving at the final destination less than four hours after the original arrival time.
The aforementioned responsibilities pertain to all airlines departing from an EU member state, as well as to flights from non-EU countries to an EU member state operated by an airline licensed within the EU.
To seek compensation under Regulation 261/2004, air passengers should initially submit their claim to the relevant airline and retain a copy of the communication.
Should the airline decline the passengers’ claim, the next step is to file a complaint with the national enforcement body in the country where the incident took place. In the event of a delay or cancellation in Malta, or on a flight to Malta from a non-EU country, passengers should direct their complaint to the MCCAA by e-mailing airpassengerrights.mccaa@mccaa.org.mt.
Odette Vella is director, Information and Research Directorate, MCCAA