Passengers who miss connecting flights because of delays and arrive late will be able to claim compensation.
Brussels. The European courts ruled earlier this week
that air passengers with connecting flights should be compensated when
their arrival at their final destination is equal to or more than a
delay of three hours.
This latest ruling alters the existing regulations for
compensation in case of delays. Compensation in the case of connecting
flights used to be awarded for a delay of three hours or more in the
initial departing flight. Now it seems that a late arrival, caused by
whatever delayed stage in a series of connecting flights is subject to
compensation too.
The new ruling refers to the particular case of a
passenger who booked a flight from the German city of Bremen to Asunción
in Paraguay with stop-offs in Paris and Sao Paulo in Brazil.
The flight from Bremen to Paris, operated by Air France,
set off almost two and a half hours late. This meant that the passenger
missed her connecting flight from Paris to Sao Paulo and arrived in
Paraguay eleven hours late.
Ordered by EU legislation to pay the passenger 600 euros
compensation, Air France appealed the ruling in Germany on the grounds
that their Paris flight left less than three hours late.
The German law courts then requested clarification on the
matter from the European courts who stated that, “the delay compensated
for ought to refer to the supposed journey arrival time, that is at the
final destination”. The statement went on, “Any other ruling would be
considered as unjust. Compensation does not solely refer to a delay in
departure”.
Consumers’ associations have approved the latest ruling.
According to them, passengers now not only have the law on their side
but also clear information on what they are entitled to claim
compensation for.
Air passenger rights
Did you know you have certain rights if things go wrong when you're on a flight in the EU?
This concerns
delays,
cancellations and
overbooking that prevent you from boarding …
… and applies if you are:
- leaving the EU with any airline, or
- arriving in the EU with a carrier registered in the EU (or Iceland, Norway or Switzerland)
Refund or alternative transport
If you are
denied boarding or your flight is
cancelled or
overbooked, you are entitled to either:
- transport to your final destination using comparable alternative means, or
- having your ticket refunded and, where relevant, being returned free of charge to your initial departure point.
Long delays – if your flight is
delayed by 5 hours or more, you are also entitled to a refund (But if
you accept a refund, the airline does not have to provide any further
onward travel or assistance).
Your airline must inform you about your rights
and the reason for being denied boarding, or any cancellations or long
delays (over 2 hours, although this may be up to 4 hours for flights in
excess of 3500 Km).
Food and board
You may also be entitled to refreshments, meals,
communications (such as a free phone call), and, if necessary, overnight
stay, depending on the flight distance and length of delay.
Financial compensation
In addition, if you are
denied boarding, your flight is
cancelled or arrives
more than 3 hours late
on arrival at the final destination stated on your ticket, you may be
entitled to compensation of €250 - 600, depending on the distance of the
flight:
Within the EU
- 1,500 km or less – €250
- over 1,500 km – €400
Between EU airport and non-EU airport
- 1,500 km or less – €250
- 1,500 – 3,500 km – €400
- over 3,500 km – €600
The distance is calculated from the airport
where you were unable to board the plane – this may not be where you
started your journey.
If the carrier offered you an alternative flight with a similar schedule, the compensation may be reduced by 50%.
With cancelled flights, you
won't
receive compensation if:
- the cancellation was due to extraordinary circumstances
for example due to bad weather, or
- you were informed 2 weeks before the scheduled flight date, or
- you were offered an alternative for the same route with a similar schedule to the original one.
For cancellation due to extraordinary
circumstances you may not have the right to compensation, the carrier
must still offer you either:
- a ticket refund (in full or just the part you have not used)
- alternative transport to your final destination at the earliest opportunity or
- rebooking at a later date of your choice (subject to seat availability).
Even in extraordinary circumstances, airlines
must provide assistance when necessary, while you are waiting for
alternative transport.
How to get a refund or compensation
Submit an
air passenger rights EU complaint form 
[119 KB]
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to your airline – and make sure you
keep a copy for yourself.
If this doesn't work, or you aren't satisfied with the reply, you can complain to the
national enforcement body [222 KB] in the EU country where the incident took place.
Or, if the incident happened at an airport of
departure outside the EU but involved an EU airline, you can send a
complaint to the relevant
national enforcement body [222 KB] in the EU country you were travelling to.
Lost or damaged registered luggage
Checked-in luggage
If your registered luggage is
lost, damaged or delayed, you may be entitled to
compensation from the airline, up to about
€1,220
Exception – if damage is caused by an inherent defect in the baggage itself.
Hand baggage (including personal items)
The carrier is liable if it was responsible for the damage.
Make sure to file your claim within 7 days of receiving your luggage (or 21 days if your luggage was delayed).
If you wish to pursue other legal action, you must do so within
2 years of the date your luggage arrives.
If you are travelling with
expensive items,
you might be able – for a fee – to obtain a compensation limit higher
than €1,223 by making a special advance declaration to the airline – at
the latest when you check in. Though the best thing is really to take
out
private travel insurance.
There is no standard form for the special declaration. It is up to the airlines to choose the type of form they provide.
Booking online – clear pricing
When you book a flight online, the total price of
the ticket – including all compulsory elements such as taxes and
charges – must be visible from the start, so you can compare prices
across airlines and make an informed choice.
As well as the final price, at least the
following information must be clearly displayed: air fare, taxes, airport charges, other charges, surcharges or fees (such as for security or fuel).
Any
optional supplements must be clearly indicated and suggested on an opt-in basis only.
How to report unclear pricing
Complain to the
national enforcement body [222 KB] in your country of residence in the EU.
During the summer, an additional flight on Thursday will depart London City at 3.20pm and arrive at 7pm, with the return leg taking off at 7.40pm and arriving at 9.20pm.