EU: PASSENGER RIGHTS | My Vxw Site Edzy8q

EU PASSENGERS RIGHTS

1. OVERVIEW

2. FLIGHT DELAY & CONNECTIONS

3. FLIGHT CANCELLATION

4. DENIED BOARDING RIGHTS

5. OTHER EU 261 RIGHTS

6. LOST, DAMAGED, DELAYED LUGGAGE

7. HOW TO CLAIM COMPENSATION

(1.) EU Regulation 261/2004

Until 2004, European Union, (EU) passengers had no comprehensive law to ensure their rights with air travel disruptions. Only national laws were available. They were, overall at the mercy of the airline. EU had Regulation (EEC) No 295/91, which addressed denied boarding only. However, in 2004, European Parliament passed a new law requiring carriers to compensate passengers regarding:

flight delay
flight cancellation
denied boarding
missed connecting flights

In 2005, EU261 (or EC261/2004) was passed into law. Passengers can now claim varying compensation amounts depending on flight distance.

You can make an EU261 claim in any of the 27 states of the European Union. In addition, EC264 also covers Iceland, Switzerland, Norway and 9 special member state territories. These territories are also known as the outermost regions of the European Union. They are French Guiana, Martinique, Mayotte, Guadeloupe, La Réunion, Saint Martin, Azores, Madeira and Canary Islands.

EU 261 rule change in 2022 now includes flights departing from EU and have connecting flights within US operated by US partners of EU airlines. This means any US domestic flight booked through an EU airline on a single itinerary is now covered under EU 261.

Flights are covered by EC 261 Regulation:

If you’re confused whether your flight comes under EU261, here’s a simple chart to help:

Itinerary

FLIGHT: EU AIRLINE non-EU AIRLINE

within EU YES YES

EU airport - non-EU airport YES YES

non-EU airport - EU airport YES NO

outside EU YES NO

These regulations apply to both full-service and low cost carriers.

UK AIR TRAVELER RIGHTS

The same EU261 law used to apply in UK but this has changed since Brexit. Passengers traveling from the UK or with a UK airline are now covered by the UK261 law. Which very much parallels EU261 and gives air passengers the same rights as its European Union counterpart.

ADDITIONAL AIR TRAVELER PROTECTION: MONTREAL CONVENTION 1999

The Montreal Convention is an international treaty adopted by over 130 countries around the world. It aims to establish airline liability in the case of flight delay and for damage or loss of baggage. While it is designed as a universal treaty to govern airline liability around the world, it is not as comprehensive on flight disruption as Europe’s EC 261 regulation. However, it does offer rights to claim damages for baggage and grants passenger rights on international flights among the many nations that honor the regulation.

What Rights are Covered by the Montreal Convention?

The 2003 Montreal Convention sets out passenger rights for several types of flight disruption: delays, flight cancellations, or boarding denials. If you miss a pre-paid reservation, have to pay for an extra night at a hotel, or rack up any other unforeseen expenses due to air travel problems, you can get reimbursed. It’s usually necessary to provide documentation of the incident and proof of added expenses, so hold onto your receipts. There are a few caveats to consider, and passengers should note that only damages resulting from the disruption are covered.

The Montreal Convention uses the word “damages”. Unlike EU261 which has set compensation amounts with the airline having the burden to establish it is not responsible, the Montreal Convention requires the passenger to prove losses through evidence. If the airline will not settle the claim, passenger then must make use of the courts to prove a claim.

Luggage Protection:

The Montreal Convention protects against luggage issues, including damaged, delayed, or lost bags. Be aware there are strict time limits on these laws, so you must file claims as soon as possible. Damaged baggage claims must be submitted within 7 days, and delayed baggage within 21 days. Bags lost for longer than 21 days are considered lost, and you will have 2 years to file a claim. If this is not enough information and you would like to know exactly what the Montreal Convention says, you can read the actual text of the treaty here.

IMPORTANT ARTICLES

Article 17 covers death, injury and baggage damage claims

Article 19 covers Delay claims up to approximately $1700 USD

Article 21 covers death, injury compensation. up to approximately $175,000 USD under strict liability and no liability limits if airline was negligent

Article 22 covers luggage liability up to approximately $1750 USD

NOTE: The below information will guide you in filing a claim. Yes, it can get complicated filing an EU 261 claim. You must initially file a claim with the airline. to illustrate the complexity thereafter see Section 7, below. "How to claim compensation."

EU261; EXTRAORDINARY CIRCUMSTANCES

Before filing any claim, a very important thing to establish is the cause of delay, denied boarding or cancellation; if it were due to "extraordinary circumstances." If so, and the airline did everything reasonably possible to avoid the flight disruption, passengers are NOT eligible for compensation. Examples of extraordinary circumstances are:

bad weather

air traffic control strikes

terrorism

airport employee strikes

In the case of Wallentin-Hermann, the courts held that the application of this "extraordinary circumstances" exception should be assessed on a case by case basis, and only applies where two cumulative conditions are satisfied: (i) the circumstances are not inherent in the normal exercise of the activity of the air carrier concerned; and (ii) are beyond the actual control of the carrier on account of their nature or origin. In short the courts plugged a major loophole in the regulations.

Previously, some airlines used the general excuse, “technical faults with aircraft,” as an extraordinary circumstance as the reason for a delay or cancellation to avoid paying any compensation. In a recent case, (van der Lans, the court clarified specific provisions of the EU 261 to avoid uncertainty in handling flight disruption cases. Regarding "technical faults", the court of appeal recognized even unexpected issues as the carrier's fault; therefore it is not an extraordinary circumstance. However, 'hidden" manufacturing defects can be classified as extraordinary circumstances, i.e,, defective engine design.

Note, even if extraordinary circumstances prevent a claim for compensation, you may still have the the EU 261 "Right to Care" from the airline as listed below.

2. FLIGHT DELAY

FLIGHT DELAY DEFINED

A delay is calculated based on the time that you arrive at your gate and the doors open, rather than based on when you touch down at your destination
Furthermore, the delay is calculated based on how late you reach your final destination; if you’re flying from Berlin to Frankfurt to New York, and your Berlin to Frankfurt flight is delayed by an hour and causes you to miss your connecting flight and arrive in New York at least four hours late, you’d be entitled to cash compensation provided that the delay was not caused by extraordinary circumstances.

"DELAY" MONATARY COMPENSATION

If you are delayed by 3 hours or more upon arrival you may be entitled to compensation.
The compensation cannot be paid at the airport; in consequence, you must make claim with airline,

COMPENSATION

(A) under 1,500 km (approx. 932 miles); delay more than 3 hours,

250€

(B) Between 1,500 and 3,500 km (approx. 932 to 2,174 miles); delay more than 3 hours,

400€

600€

Compensation may be reduced by 50% if the arrival time of the alternative flight does not exceed the scheduled arrival time of the flight originally booked by 2 hours (flights falling under A), 3 hours (flights falling under B) or 4 hours (flights falling under C).

DELAY LONGER THAN 5 HOURS

If the delay is longer than 5 hours and you do not wish to continue with your initial travel plans, you can get reimbursement of the part or parts of the journey not made and for the part or parts already made if the flight no longer serves any useful purpose taking into consideration the original flight plan. You may also get a return flight to the first point of departure as noted on the ticket (if applicable). For example, if you travel from New York to attend a one-day conference and your connection out of London is delayed by more than 5 hours, you can get a refund for your unused tickets. However, You will also get a refund for your flight originating from London since you can't make it to the conference in time, as well as a return ticket.

ASSISTANCE AT THE AIRPORT

EU 261 directs an airline to provide Right to Care in the event that a flight is delayed beyond its scheduled time of departure;

(a) for two hours or more in the case of flights of 1500 kilometers (932 miles) or less;

(b) for three hours or more in the case of all intra-Community flights of more than 1500 kilometers and of all other flights between 1500 and 3500 kilometers (2175 miles)

(c) for four hours or more in the case of all flights not falling under (a) or (b),
An affected passenger per Right to Care must be provided:

meals and refreshments in reasonable relation to the waiting time,
hotel accommodation in cases where an overnight stay becomes necessary,
transport between the airport and place of accommodation (hotel or other),
telephone calls, telex, fax messages or e-mails.

If an airline fails to meet its commitment, and you have to make your own arrangement, be sure to keep all receipts for future claim.

CONNECTING FLIGHT:

Connecting flights are travels with more than one flight to get to your final destination.

If you miss a connecting flight, and arrive at your final destination with a delay of more than 3 hours, you are entitled to compensation. This compensation is calculated according to the length of the delay and the distance to your final destination.

Compensation is due if:

your flights were booked as part of a single reservation and
EU air passenger rights apply and
the delay to your arrival time was not caused by extraordinary circumstances

COMPENSATION AMOUNTS:

(A) Under 1,500 km (approx. 932 miles) more than 3 hour flight delay,

250€

(B) Between 1,500 and 3,500 km (approx. 932 to 2,174 miles) more than 3 hour flight delay

400€

600€

You are not entitled to compensation if you miss your connecting flight due to delays at security checks or if you did not respect the boarding time of your flight at the airport of transfer.

NOTE!! The outbound and return flights are always considered as two separate flights even if they were booked as part of one reservation. In some cases the airline operating the flight (also known as the operating air carrier) may not be the same as the one from which you bought your ticket. In case of any difficulties only the airline which operates the flight can be held responsible. In cases where an airline hires (under a wet lease) an aircraft including crew from another airline, the airline which hires the aircraft has operational responsibility for the flight and is regarded as the operating airline under EU rules (specifically Regulation 261/2004).

3. FLIGHT CANCELLATION

Cancellation occurs when:

your original flight schedule is cancelled and you are transferred to another scheduled flight
the aircraft took off but, was forced to return to the airport of departure and you were transferred to another flight
your flight arrives at an airport which is not the final destination indicated on your ticket, unless:
- You accepted re-routing (under comparable transport conditions at the earliest opportunity) to the airport of your original final destination or to any other destination agreed by you. In this case it is considered as a delay and not a cancellation.
- The airport of arrival and the airport of the original final destination serve the same town, city or region. In these cases it is considered as a delay and not a cancellation.

If your flight is cancelled you have the right to choose between reimbursement, re-routing, or return.

In addition, you are also entitled to "Right to Care" at the airport.

If you were informed of the cancellation less than 14 days prior to the scheduled departure date, you have a right to compensation. The airline has the obligation to prove if and when you were personally informed that the flight was cancelled. If this is not the case you can contact your national authority for further assistance.

However, compensation is not due if the carrier can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. The airline has to prove this by providing such documentation as extracts from logbooks or incident reports. The air carrier should give this evidence to the relevant national enforcement body as well as to the passengers concerned in line with national provisions on access to documents.

In summary, you are covered under EU 261 if:

the flight cancellation occurred less than 14 days before the scheduled departure date
your cancelled flight was supposed to leave from an EU airport or operated by an EU carrier
it was the carrier's fault and not an extraordinary circumstance
you purchased the ticket

If your flight is cancelled, the airline must offer you, on a one off basis, a choice between:

the reimbursement of your ticket and, if you have a connecting flight, a return flight to the airport of departure at the earliest opportunity
re-routing to your final destination at the earliest opportunity or,
re-routing at a later date at your convenience under comparable transport conditions, subject to the availability of seats.

As soon as you have chosen one of these three options, you no longer have rights in relation to the other two options. However, the airline carrier may still have to provide compensation

if you choose to have your ticket reimbursed – the compensation will depend on the type of flight
if you choose re-routing – compensation will depend on the type of flight and the delay in reaching your final destination, past the original scheduled arrival time.

CANCELLATION COMPENSATION

(A) under 1,500 km (approx. 932 miles) more than 3 hour delay

250€

(B) Between 1,500 and 3,500 km (approx. 932 to 2,174 miles) more than 3 hour delay

400€

600€

If the airline has offered you re-routing and you reach your final destination with a delay of 2, 3 or 4 hours the compensation may be reduced by 50%.

NO COMPENSATION DUE

You are not entitled to compensation:

if you are informed more than 14 days in advance
if you are informed between 2 weeks and 7 days before the scheduled departure and you are offered re-routing which would allow you:
- to depart no more than 2 hours before the original scheduled time of departure and
- to reach your final destination less than 4 hours after the original scheduled time of arrival

if you are informed less than 7 days before the scheduled departure and are offered re-routing which would allow you:
- to depart no more than 1 hour before the original scheduled time of departure and
- to reach your final destination less than 2 hours after the original scheduled time of arrival.

DENIED BOARDING RIGHTS (ARTICLE 4

REQUEST FOR VOLUNTEERS

When an operating airline reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange negotiated compensation between the passenger operating airline. Note, there is no cap to any amount and one can negotiate with airline. Volunteers shall also have the option of reimbursement, rerouting, or return flight as discussed below, such assistance being additional to the benefits mentioned mentioned above.

DENIED BOARDING AGAINST WILL

If insufficient volunteers to allow the remaining passengers with reservations to board the flight, the operating airline may then deny boarding to passengers against their will.

Passengers denied boarding shall immediately compensate them as follows:

(A) under 1,500 km (approx. 932 miles);

250€

(B) Between 1,500 and 3,500 km (approx. 932 to 2,174 miles);

400€

600€

The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.

The distances given in paragraphs 1 and 2 shall be measured by the great circle route method.

RIGHT TO REIMBURSEMENT OR RE-ROUTING (ARTICLE 8)

Passengers denied boarding or volunteers have a right to one of the following options:

(1.) reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,

a return flight to the first point of departure, at the earliest opportunity;

(2.) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or

re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.

When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger.

RIGHT TO CARE (ARTICLE 9)

1. Passengers denied boarding and volunteers shall be offered free of charge:

(a) meals and refreshments in a reasonable relation to the waiting time;

(b) hotel accommodation in cases

- where a stay of one or more nights becomes necessary, or

- where a stay additional to that intended by the passenger becomes necessary;

2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.

3. The operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.

5. OTHER RIGHTS, EU261

1. Right for information about EU261 claim

Carriers must inform you about your EC261 rights in the case of delays, cancellations, or, denied boarding. You can also refer to the official document of the EU Regulation 261/2004.

If flight disruption, airline must provide you with rights information in written form. It must provide EC 261 rights information text at check-in counter.

It shall also provide all affected passengers with a written notice specifying the compensation and assistance rules.

2. Carriers tend not to notify air passengers about their rights to care, i.e., complimentary meals and refreshments and, where appropriate, hotel accommodation and transport.

Any additional expenses because of flight delays or cancellations, include them within your EU261 disruption compensation claim form.

Keep all the receipts; best proof for the judge.

6. LOST, DAMAGED, DELAYED LUGGAGE

Checked-in luggage

If your checked-in luggage is lost, damaged or delayed, the airline is liable and you're entitled to compensation up to an amount of approximately €1300 approx. $1400 USD). However if the damage was caused by an inherent defect in the baggage itself, you're not entitled to any compensation.

Hand luggage

If your hand luggage is damaged the airline is liable if it was responsible for the damage.

Travel insurance

To ensure you have sufficient coverage when travelling with expensive items it's advisable to take out private insurance. If you do not wish to do so you can for a fee request a higher compensation limit (in excess of €1300) from the airline you are travelling with. This must be done in advance and at the latest when you check-in.

How to complain

If you want to file a claim for lost or damaged luggage, you should do it in writing to the airline within 7 days, or within 21 days of receiving your luggage if it was delayed. There is no standard EU-wide form.

7. HOW TO CLAIM COMPENSATION

Once you know you are entitled to compensation, you have to make a EU261 claim. This is a tiring process. Thus, many passengers give up trying to get any money from airlines already in the initial stage of the process. The initial step is you MUST file a complaint with the airline. Most if not all major airlines have an online complaint process. If that fails to render any results, thereafter,

file an online claim with the Aviation Alternate Dispute Resolution. at no cost. It is well worth pursuing. Unfortunately, process can only be used for flights to and from the UK.
If the airline refuses to pay the money, file complaint with appropriate National Enforcement Board of the appropriate state with jurisdiction. Article 16 states rather vaguely that ‘where appropriate, this body [NEB] shall take the measures necessary to ensure that rights of passengers are respected.’ Individual passengers can complain to this body, or any other competent body designated by the Member State, about an alleged infringement of the Regulation ‘at any airport situated on the territory of a Member State or concerning any flight from a third country to an airport situated on that territory.’ The NEBs clearly have a monitoring role, but the Regulation does not specify that passengers should be awarded redress by the NEBs. Indeed, the CJEU has explicitly ruled that NEBs are not required by EU law (that is, under the Regulation) to confer individual redress; this is a matter for national law, i.e., the courts. Neither does the Regulation require the NEB to force the airline to confer redress. This gives rise to an enforcement gap.
Use a 3rd party such as AirAdvisor or AirHelp to make claim for you. It will contact your airline and appropriate legal authority and will defend your rights in court. They will take a commission for services rendered: however, based on option 1, it may be well worth it.
final option is to use the judicial system through the civil courts. Depending on the small claims cap, it might be a viable option.

Deadlines to Claim Your EU261 compensation

EU Regulation 26/2004 does not indicate a a common statute of limitations (file claim within stated time frame or forfeit your right to claim). Claim does not depend on your nationality either.

The deadline to make your EU261 claim is defined by the origin of the EU airline. It depends on the country where its headquarters is located.

Time deadlines to file for EU 261 compensation:

Country

10 months

Latvia

1 year

Belgium, Poland

2 years

Iceland, Netherlands, Slovakia, Slovenia, Switzerland

2 years 2 months

Italy

3 years

Austria, Croatia, Czech Republic*, Denmark, Estonia, Finland, Germany**, Norway, Portugal, Romania, Sweden***

5 years

Bulgaria, France, Greece, Hungary, Spain

6 years

Cyprus, Ireland, UK (except Scotland)

10 years

Lithuania, Luxembourg

No limit

Malta

​"DELAY" MONATARY COMPENSATION

ASSISTANCE AT THE AIRPORT

COMPENSATION AMOUNTS:

CANCELLATION COMPENSATION

(A) under 1,500 km (approx. 932 miles) more than 3 hour delay

"DELAY" MONATARY COMPENSATION