EU airline flight compensation regulations ....

[Mpprh]

Maybe useful .......................................

I had a flight delay of 6 hours this weekend. It gave me time to study the compensation rules for airlines operating within EU. These rules became operative in February 2005.

Having obtained the information , which the airline refused to supply,  I discovered that the airline had breached many of the regulations, and only refusal to board the aircraft by a dedicated few passengers produced the documentation required under the compensation law.

Passenger notification :

Check in counters should have a poster stating :

 "If you are denied boarding of if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance."

EU flight compensation rules :

Cancellation, or refused flight due to overbooking

Flight length :

under  1,500 km - delay over 2 hours, Compensation = Euros 250.

1,500 to 3,500 km - delay 2 to 3 hours, Compensation = Euros 200 & if delay over 3 hours, Compensation = Euros 400

3,500+ km Delay over 4 hours, Compensation = Euros 600

n.b. Passenger must check in within stated times.

Delayed flights:

Flight length :

Up to 1,500 km - delay over 2 hours, Compensation = provision of meals and refreshments and two free telephone calls, e-mails or faxes. Delay over 5 hours Compensation = refund of ticket and a free return flight to the point of origin should the flight no longer serve any purpose. Otherwise the airlines are required to reroute passengers to their final destination. Meals, refreshments, lodging, phone and email are required at airline's expense.

1,500 to 3,500 km - delay over 3  hours,  and for all longer flights delayed over 4 hours, Compensation = meals and refreshments and two free telephone calls, e-mails or faxes. Delay over 5 hours,  Compensation = refund of ticket and a free return flight to the point of origin should the flight no longer serve any purpose. Otherwise the airlines are required to reroute passengers to their final destination. Meals, refreshments, lodging, phone and email are required at airline's expense.

[Ron Avery]

And now read Ryanair and Easy Jet’s get out clauses.  Refund of ticket means you get your £15 back.

To be fair to Ryanair in the appalling heavy snow last weekend. flights to Rodez and Carcassonne were cancelled, as the next flight day to Rodez was Tuesday and a diversion to Carcassonne as not possible passengers who could not delay their departure were flown to Girona in Spain where coaches were waiting to take them to their destinations, somewhat optimistically since the Spanish border was closed due to the bad weather.  So after a wait to see if the weather as going to improve the coaches returned to Gerona and the passengers were put up for the night in hotels and in the morning bussed to Perpignan where coaches were available to Carcassonne and Rodez some also chose to hire cars to get home.  So well done Ryanair, not bad service for a £25 ticket[:D]

[Cat]

According to Ryanair's T&Cs, their policy is

Flight cancellations and schedule changes

• If your flight is cancelled or before the date of travel, is rescheduled so as to depart more than three hours before or after the original departure time then you will be entitled to a travel credit or full refund of all monies paid if the alternative flight/s offered are not suitable to you and you do not travel.

• Ryanair does not provide compensation for flights which are delayed or cancelled for reasons beyond Ryanair's control. You may therefore wish to ensure that you have suitable private insurance cover in force to cover such eventualities. Your rights under EU Regulation 261/2004 are unaffected so in the case of denied boarding, flight cancellation or a delay in excess of two hours you will be provided with a written notice setting out the rules for compensation and assistance in line with such Regulation.

• Passengers who book well in advance should check their outward/return flight timings between 24 and 72 hours prior to departure.

The EU regulation that they mention http://europa.eu.int/eur-lex/pri/en/oj/dat/2004/l_046/l_04620040217en00010007.pdf

has been hotly contested by low-cost airlines, but a recent ruling by the European Court of Justice made on the 10th January upholds the regulation.

However, if the cancellation occurs due to "extraodinary circumstances" then  the airline is not obliged to pay compensation.  The definition of "extraordinary circumstances" is...

Extraordinary circumstances should be deemed to exist

where the impact of an air traffic management decision

in relation to a particular aircraft on a particular day

gives rise to a long delay, an overnight delay, or the

cancellation of one or more flights by that aircraft, even

though all reasonable measures had been taken by the

air carrier concerned to avoid the delays or cancellations.

 

Hmm [:^)]

 

[Iceni]

I can foresee many arguments over what constitutes force majeur.

And if the dirty tricks brigade does not kill off cheapie carriers the compensation culture might.

John

not

[Jhc]

I was delayed about 10 hours at Bergerac for a Flybe flight (engine problems which necessitated fetching an engineer from Toulouse) and, after writing a letter of complaint that more help was not offered to me, particularly when arriving in Birmingham around midnight), I got a free subsequent flight (to be taken within 12 months)  and the offer of re-imbursement of my taxi fare to Leicester (if I still had the receipt).  I was pleased with that - so its always worth writing to complain - I suspect that many passangers on my flight did not bother to do so.

[Brian]

An article in last Saturdays Guardian recounts how one passenger successfully took EasyJet to the small claims court after a cancelled flight.

Brian

http://money.guardian.co.uk/weekly/story/0,,1701429,00.html