Air passengers’ rights when flights delayed or cancelled
Flight delays and cancellations are an unfortunate reality that travellers may face from time to time. When these incidents happen it is important for air passengers to know what their legal rights are to ensure that the latter are honoured by the responsible airline. These rights stem from the European Union Regulations 261/2004, which outlines specific circumstances in which air passengers are entitled to compensation.
DelAYeD flights
When a flight is delayed for more than two hours, the operating airline is in the first instance required to provide its passengers with food and drink proportionate to the time of waiting, access to communication (such as phone calls or e-mails), and, if necessary, accommodation. The latter only applies when a flight is delayed to the following day. When this happens, the airline is also responsible for the transport of passengers from the airport to the place of accommodation.
If passengers arrive at their destination with a delay that exceeds three hours, they may also be entitled to financial compensation for the inconvenience suffered. This monetary compensation varies from €250 to €600 depending on the length of the affected flight.
For example, if a flight of less than 1,500km is delayed by more than three hours, passengers are entitled to €250 in compensation. If the flight is between 1,500km and 3,500km, the compensation increases to €400, and for flights longer than 3,500km, the compensation amount is €600.
However, if the delay is due to factors outside the airline’s control, such as bad weather, or industrial action at the airport, the airline is not liable for compensation.
In case of delays exceeding five hours, airlines must also offer passengers a choice between reimbursement of the flight ticket within seven days (and if applicable, a return flight to the first point of departure) and rerouting under comparable transport conditions to their final destination at the earliest opportunity or rerouting at a later date.
CAnCelleD flights
Similar rights apply in cases of cancelled flights as to when a flight is delayed. However, in this case of a cancelled flight, the choice between a refund of the flight ticket and rerouting should be offered by the airline as soon as air passengers are informed about the cancelled flight.
Airlines are also obliged to give compensation when flights are cancelled, unless the cancellation was due to an extraordinary circumstance that could not have been avoided even if all reasonable measures have been taken. Monetary compensation also does not apply in situations where the airline informed its passengers about the cancelled flight at least 14 days before the date of departure, or between seven and 14 days before departure, and offers passengers an alternative flight that departs not more than two hours before the original departure time and arrives at the final destination less than four hours after the original arrival time.
The above-mentioned obligations apply to all airlines that depart from an EU member state and also to flights from outside the EU to an EU member state on an EU-licensed airline.
ComplAining with the Airline
To claim compensation under these regulations, air passengers must first make their claim with the airline concerned and keep a copy of the correspondence. If the airline rejects the claim, the next step is to lodge a complaint with the enforcement body where the incident took place. If the delay or cancellation occurred in Malta, or in a country outside the EU on a flight to Malta, then air passengers may lodge their complaint with the MCCAA by sending an e-mail to airpassengerrights.mccaa@ mccaa.org.mt.
“When a flight is delayed for more than two hours, the airline is required to provide its passengers with food and drink
Odette Vella is director, Information and Research Directorate, MCCAA.
WWW.MCCAA.ORG.MT ODETTE.VELLA@MCCAA.ORG.MT