New regulation improves terms for airline passengers
New European legislation affecting all flights to and from European airports, with significantly stricter provisions and envisaging higher compensation sums for airline passengers who are affected by flight delays, cancellations and not being allowed to board as a result of overbooking, comes into effect today. Besides granting compensation in the case of not being allowed to board, the carrier also has to provide assistance to the affected passengers, but its first move must be to seek «volunteers» who will give up their seats for pre-agreed benefits. The forms of such assistance that carriers have to provide include refreshments, meals, phone facilities and hotel accommodation if the delay exceeds a certain time limit. Compensation in cases of cancellation or not being allowed to board will vary from 250 euros for flights of less than 1,500 kilometers to 400 euros for flights between 1,500 and 3,500km, and up to 600 euros for longer flights. These are about double or triple the sums applying today. Carriers are not obliged to provide compensation or assistance if they inform passengers of a cancellation at least two weeks in advance, or if they prove in writing that the cancellation was truly due to unforeseeable reasons beyond their control. Airlines have to provide assistance when delays exceed two hours for flights under 1,500km, three hours for flights between 1,500 and 3,500km, and four hours for longer flights. Bad weather conditions, bureaucratic procedures or air-traffic control and airport problems are insufficient grounds for refusing assistance and compensation. In such cases, the carriers have to compensate passengers and then ask for compensation themselves from the authority or airport that was responsible for the glitch. Carriers must compensate passengers within seven days, and if this fails, claimants have to contact their national civil aviation authority. In cases of damaged luggage, passengers have to submit their claims in writing within seven days, and in the case of non-delivery within 21 days. The European Court is to consider a question regarding the legality of the new regulation. EU citizens may obtain advice from Europe Direct, a service of the European Commission, free toll 00800-6789.1011, and will be answered in the language of their choice. Alternatively, complaints may be filed at the Commission’s representative bureaus in each member state.
