• Marcin Gański
• 2024-10-08 16:45:05

What are the passengers' rights in case of flight delays and cancellations?

Introduction

Air travel, while convenient, can sometimes become a source of stress, especially in case of flight delays or cancellations. In such situations, many passengers feel lost and uncertain about their rights. In reality, air passenger rights in the European Union and other regions of the world are precisely regulated, determining what passengers are entitled to in such circumstances. Knowing your rights is crucial to effectively claim compensation or explore alternative travel options.

In this article, we will provide a detailed overview of passenger rights in cases of delays and cancelled flights, based on EU regulations and international rules. We will also answer the most frequently asked questions to help travelers understand their situation and the steps they can take to protect their interests.

Passenger Rights under Regulation (EC) 261/2004

The most important legal act regulating passenger rights in the European Union is Regulation (EC) 261/2004. This document sets out the rules concerning compensation, care, and assistance for passengers in case of flight delays, cancellations, or denied boarding. These provisions apply to flights from airports located in the EU and flights operated by airlines registered in the EU, even if they depart from outside Europe.

Flight Delay

In the event of a flight delay, passengers have the right to care and, in some cases, compensation. The length of the delay and the flight distance are crucial here:

• 2 hours or more – for flights up to 1500 km.
• 3 hours or more – for flights within the EU longer than 1500 km and for other flights between 1500 and 3500 km.
• 4 hours or more – for flights exceeding 3500 km.

In such cases, the airline is obliged to provide passengers with drinks, meals, access to communication (e.g., the possibility to make a phone call), and if necessary, accommodation in a hotel and transportation to and from the airport. If the delay exceeds 5 hours, passengers can also choose to cancel the flight and demand a full refund of the ticket cost.

Compensation for Delayed Flight

In case of delays longer than 3 hours, passengers may be entitled to compensation ranging from 250 to 600 euros, depending on the flight distance. The amount of compensation depends on the following factors:

• 250 euros – for flights up to 1500 km.
• 400 euros – for flights within the EU over 1500 km and for other flights between 1500 and 3500 km.
• 600 euros – for flights exceeding 3500 km.

However, it is important to remember that airlines are not obligated to pay compensation if the delay is caused by extraordinary circumstances, such as adverse weather conditions, strikes, or security threats.

Flight Cancellation

Flight cancellation is a situation where passengers have two options: a full refund of the ticket cost or rescheduling to another flight at the earliest available time. Passengers are entitled to compensation unless they have been informed of the flight cancellation at least 14 days before the scheduled departure date.

When is Compensation Due for a Cancelled Flight?

Compensation for a cancelled flight is due when the airline fails to inform passengers in a timely manner or does not offer them alternative transport within a reasonable time. Similar to delays, the amount of compensation ranges from 250 to 600 euros, depending on the flight distance.

Denied Boarding (Overbooking)

Overbooking is a situation where the airline sells more tickets than there are seats on the plane. Although this practice is legal, passengers who are denied boarding have the right to compensation. The rules here are very similar to those concerning cancelled flights – passengers can choose between a refund of the ticket cost or a rescheduled booking, and they are also entitled to compensation ranging from 250 to 600 euros.

Passenger Rights Outside the European Union

While Regulation (EC) 261/2004 applies only within the EU, many other countries have introduced similar regulations to protect passengers. For example, in the United States, the Department of Transportation (DOT) defines rules regarding cancellations and delays, although they differ from EU regulations. Passengers traveling intercontinentally should familiarize themselves with local regulations, which may vary depending on the country.

Compensation Claims: How to Proceed?

To effectively claim compensation, passengers should follow these steps:

1. Gather all documents related to the flight – tickets, boarding passes, information from the airline.
2. Submit a complaint directly to the airline, preferably in writing.
3. If there is no response or refusal to pay compensation, contact the national passenger rights protection authority or consider assistance from a specialized company dealing with compensation recovery.

Remember that passengers have the right to compensation within three years from the flight date, but it is best to act as soon as possible to avoid issues related to claims expiry.

Summary

Passenger rights in air travel are well protected by EU regulations, especially in cases of delays and cancellations. However, it is important for every passenger to know their rights and how to exercise them. Proper preparation, documentation collection, and prompt action can ensure that every claim is handled in favor of the passenger. So if your flight is delayed or cancelled, do not hesitate to take action – your rights are on your side.