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The European Union’s “Air Passenger Rights” have been applied since the 17th of February 2002. Both the International Air Transport Association (IATA) and the Low Fares Airlines Association protested the rules but on the 10th of January they were upheld as legal and enforceable by the European Court of Justice.
So in what circumstances can you claim these rights?
- You must have a confirmed reservation and have checked in on time (and that means what it says: blustering like some of those characters on that Airline show will get you nowhere).
- You are due to travel on a domestic or international flight within the EU or from anywhere in the world to an airport within the EU or an EU airport.
And what rights do you have?
So you’re denied boarding owing to overbooking? The airline must invite volunteers to give up their seats in return for a refund and compensatory benefits, including a free onward flight.
If you don’t volunteer you are entitled to:
€250 flight up to 1500 kms
€400 flight up to 3500 kms
€600 flight beyond 3500 kms
Plus refund or alternative transport to destination along with refreshments, meals or – depending on time – accommodation.
What about cancellations and delays?
- During a delay of 2-4 hours refreshments and meals must be served.
- During delays of 5 hours or more and/or overnight accommodation has to be provided.
- If you decide not to travel, you get a full refund.
- As to cancellations, you can choose a refund or alternative transport to your destination, along with refreshments, meals and accommodation.
Sounds good? But here’s the dodgy bit. Airlines are off the hook if a cancellation is the result of “extraordinary circumstances that could not have been avoided if all reasonable measures had been taken”.
But what are “extraordinary circumstances”? The EU has one idea – very extreme weather, security alerts, for example – a company like Ryanair has another, and indeed tries to ignore the rules. easyJet makes a good point: compensation shouldn’t be at a flat rate but “proportionate to the fare paid”.
For fuller details on this topic see: http://europa.eu.int/comm/transport/air/rights/info-en.htm
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