Since EC regulation 261 was passed in 2004, European passengers have been protected against flight disruptions they may experience while travelling within the EU. This legislation also protects passengers when travelling from outside the EU to an EU member state on an EU licensed airline. Essentially, these regulations give air passengers the right to care and assistance, as well as financial compensation, when they experience long flight delays or cancellations. Overbooking situations are also covered.
The right to care and assistance is triggered in the event of flight delays that exceed two hours. In such circumstances, airlines are legally obliged to look after their passengers until they board their flight to go to their final destination. This care must include: two phone calls and refreshments and meals proportionate to the amount of time the flight is delayed.
If the wait for the delayed flight includes an overnight, accommodation must also be provided at the airline’s expense, as well as transport from the airport to the place of accommodation. Should the airline fail to provide its passengers the required care and assistance, the passengers may organise their own refreshments and accommodation, and then claim the expenses from the airline at a later date. In such circumstances it is important that the passengers keep the costs to the minimum and retain the relevant receipts.
When flights are delayed for more than five hours, air passengers should be offered the possibility to cancel their booked flight and claim a refund of the cost of the flight ticket. In such situations, airlines are obliged to reimburse this cost within seven days.
Furthermore, where applicable, these passengers should be flown back to their first point of departure. Air passengers must also be offered the option of rerouting, under comparable transport conditions, to their final destination at the earliest opportunity or rerouting at a later date. The right to opt for a refund or rerouting also applies when flights are cancelled or overbooked.
Air passengers must be offered the option of rerouting, under comparable transport conditions, to their final destination at the earliest opportunity or rerouting at a later date- Odette Vella
Air passengers are also eligible to claim financial compensation for the inconvenience suffered if their flight is delayed for over three hours, overbooked or cancelled. This monetary compensation varies between €125 and €600 depending on the length of the affected flight and the delay passengers experience to reach their destination. In other words, the longer the delay and the distance of the flight, the higher the compensation.
However, the airline is not liable to provide financial compensation if it manages to offer an alternative flight to its passengers that takes them to their destination at the same time of the original flight.
Air passengers are also not entitled to claim compensation if the air carrier informs them about the cancelled flight at least 14 days before the date of departure, or passengers are informed between two weeks and seven days before the date of departure and are offered a new flight that departs not more than two hours earlier and arrives less than four hours later than the originally scheduled flight.
Financial compensation also does not apply when flights are cancelled or delayed because of extraordinary circumstances. To be considered extraordinary, the incident causing the delay or cancellation must meet three criteria which are: unpredictable, unavoidable and external.
Circumstances that are considered extraordinary include: extreme weather conditions or natural disasters; disruption arising from war and political instability of any kind where travel is not recommended; a bird strike, which occurs when there is a collision between the aircraft and a bird or other foreign object; delays caused by airport staff, such as long queues during security checks; security risks; and also strikes and industrial action that are not within the airline’s control.
Technical or maintenance issues are usually not considered as extraordinary circumstance, unless they arise from an exceptional event beyond the airline’s control. In case of a dispute, the burden of proof lies with the airline.
In situations where an airline fails to provide care or compensation to its passengers, the latter must first complain to the air carrier operating the flight. If complaining to the airline does not result in a satisfactory solution, then passengers may contact the national enforcement body in the country where the incident took place.
The role of these bodies is to verify that transport operators are treating all passengers in accordance with their legal rights. If a flight is delayed in Malta, air passenger complaints may be addressed to the Malta Competition and Consumer Affairs Authority.
For more information on air passenger rights e-mail: airpassengerrights.mccaa@mccaa.org.mt.
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