Most tourists have suffered in some way at the hands of airlines, whether it’s long delays, cancellations or over-booked planes.
26 January 2006
Thanks to European Union regulations introduced in 2005, tourists flying on European carriers can receive better compensation rights.
Under the regulations, if you are denied boarding or your flight is cancelled, the airline operating your flight must offer you financial compensation and assistance. These rights apply provided you check in on time for any flight from an EU airport, to an EU airport from one outside the EU or when operated by an EU airline.
As you may expect, airlines are not too happy with these regulations and they are undergoing legal proceedings to overturn them. At present, though, the regulations stand and must be adhered to or they face a whopping ?5,000 fine. For passengers, it can pay to know your rights.
When there are too many passengers for the seats available, an airline must first ask for volunteers to give up their seats in return for agreed benefits. They may come up with an attractive deal. This must include the choice of either refund of your ticket, with a free flight back to your initial point of departure for return journeys, or alternative transport to your final destination, which could be something along the lines of flying first class the following day. You will qualify for meals and refreshments as well as hotel accommodation, when necessary. You should also be given access to a telephone, fax and email facilities during your delay.
If you are denied boarding and you are not a volunteer, the airline must pay you compensation of 250 Euros for flights of 1,500km or less; 400 Euros for between 1,500 and 3,500km; and 600 Euros for flights over 3,500km outside the EU. Compensation may be halved if your travel time is not delayed more than two, three or four hours, respectively.
Should your flight be cancelled, the operating airline must offer you the same refund or alternative travel choices as above. They should also compensate you at the same level as for denied boarding, unless they give you sufficient advance notice.
For passengers subjected to long delays, airlines are required to provide free meals, drinks, two phone calls, emails, telexes or faxes. To qualify for this assistance, passengers must experience delays of more than two hours for flights up to 1,500km, three hours for journeys between 1,500 and 3,000 km, and at least four hour delays for flights over 3,500km.
Any postponements of longer than five hours and passengers are eligible for full reimbursement of the ticket and a free flight back to your point of departure on return journeys. Should it continue into the night, hotel rooms must also be provided.
Now, there is a cheeky little get-out clause for the airlines. Under the new regulations, airlines are exempt from paying out compensation if cancellations are due to “extraordinary circumstances”. These cover unpreventable delays due to extreme weather conditions, security risks and worker strikes, but not technical problems with the aircraft.
If you do not receive these rights, complain immediately to the airline operating the flight. It is also possible to claim at a later date via the airline carrier or tour operator. If they fail to meet with the regulations, you can make a latter claim with the Air Transport Users Council (www.caa.co.uk).