Justice for the rights of delayed air passengers......

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] Deutsch español français italiano polski 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.