merlin

The European Union has passed a new regulation which could see thousands of pounds a year being paid back to disgruntled passengers in the event of flight cancellations or delays.

Name:
EU Regulation 261/2004

Date Passed:
11 February 2005

Became Law:
17 February 2005


How does it work?

In a nutshell, if you don't get to fly on the flight you booked, at the time you booked it for, and it's the airlines own fault, then you should be eligible for some compensation or assistance.


Cancellations

Any overbooking or cancellations by airlines will require a payout of up to €600, depending on both the distance of the booked flight, and the delay suffered in reaching your final destination.

This applies to all flights which have an EU airport as either their departure point or final destination.

As before, when a flight is cancelled you have the right to either a refund or transportation to your destination as soon as possible.

This compensation is a further entitlement on top.



Compensation for flight cancellations


Flight Length
0 – 1,500km e.g. London to Barcelona

Delay to destination
Up to 2 hours €125
More than 2 hours €250


1,500 – 3,500km e.g. London to Turkey

Delay to destination
Up to 3 hours €200
More than 3 hours €400


3,500km + e.g. London to New York

Delay to destination
Up to 4 hours €300
More than 4 hours €600



Delays

Flights which are subject to late take-off times should also become mildly more bearable thanks to the new legislation. Airlines will be required to provide free meals, drinks and two phone calls, emails, telexes or faxes to all passengers on flights subject to long hold-ups.

To qualify for this assistance, passengers must experience delays of 2 hours for flights up to 1,500km, 3 hours for journeys between 1,500 and 3,000 km, and at least 4 hour delays for flights over 3,000km.

Any postponements of longer than 5 hours will make passengers eligible for reimbursement of the ticket, and if it continues into the night, hotel rooms must also be provided.



So how do you get it?

In the event of either a cancellation or flight delay, the first thing you must do is contact the airline directly, and make it known that you'll be claiming the compensation.
If the flight operator doesn't resolve the matter, you should then contact the Air Transport Users Council.


So, what's the catch?

If you have a legitimate claim, there isn't a catch; airlines that don't pay up will be hit with hefty £5,000 fines for every single passenger that they haven't compensated.

However, the claim must be pursued through the authorities within the country of departure.

The only possible stumbling block occurs within the confusing definition of the kind of delays that are or aren't within the airline's control. Airlines are exempt from paying out compensation if cancellations are due to ‘extraordinary circumstances'.

Basically this covers unpreventable occurrences such as extreme weather conditions, security risks and worker strikes, but not technical problems with the aircraft.

The general consensus seems to be that these criteria are vague enough that initially many claims may be decided in court, to set a precedent.

These new rules are obviously going to hit the budget, ‘no-frills' airlines the hardest, and the wheels have started turning on legal proceedings to attempt to overturn them.

However, it's unlikely that these will be heard before the autumn, so for now make sure you take full advantage.

How do I put it into practice?

These are rights, and legitimate expectations. Regardless of interpretation, being aware of your rights gives you power. This legislation is officially called “EU Regulation 261/2004”. Remember this name, you may well need it. Even if it doesn't always apply, knowing it and banding it about is power.


Merv!