Flight cancellations and delays: what are your rights?

The airport is practically heaving with travellers coming and going at this time of year. This weekend alone, 318,621 passengers are due to arrive or leave on 1,909 flights. The tourist season is now at its peak, but it is also peak season for protests, as seen by the strike action planned by Ryanair on 25 and 26 July. In Ireland pilots with the same company, which carries more passengers to and from Malaga than any other, are planning stoppages on 20th and 24th.

As if that were not enough, all ground crew at Spanish airports are threatening to go on strike in August, nor should we forget planned protests by air traffic controllers in France and the normal complications of air travel at the busiest time of year.

The consequences of all this are bound to include cancelled or delayed flights. When this happens passengers need to know the rules.

Airlines are legally bound to comply with their obligations under the European regulation 261/2004 regarding Rights of Passengers.

What happens if a flight is cancelled?

Passengers have the right to be properly informed; the company must provide them with a printed document showing the assistance and compensation to which they are entitled. It must also provide enough food and drink during their wait, two phone calls and access to email facilities, and, if necessary, accommodation for one or more nights plus transport between the airport and the hotel and back. It must also either refund the ticket cost or provide alternative transport to the final destination, in which case it has to offer three alternatives.

However, the passengers also have the right to compensation, if they have not been informed at least 14 days beforehand that a programmed flight had been cancelled, or if the airline can prove that the cancellation was caused by extraordinary circumstances such as political instability, meteorological conditions, security risks or strikes by personnel who are not airline employees.

What if a flight is overbooked?

There are often cases of overbooking at this time of year. Passengers should also complain in these circumstances, because they have the right to information and assistance just as when there has been a cancellation. They are also entitled to a refund or alternative transport, and can choose one of the three options which the company is obliged to offer: a refund of their fare within the next seven days; transport to the final destination as quickly as possible and in comparable conditions, or at a later date convenient to the passenger, depending on the seats available; and the right to receive compensation of between 250 and 600 euros, depending on the distance of the flight. That amount can be reduced by half if the airline offers alternatives and gets the passenger to their destination on time.

What if the flight is delayed?

When the departure of a flight is delayed, the passengers are also entitled to be kept informed, in the same way as above, and have the right to assistance although that depends on the length of the delay and the distance to be travelled.

This applies to a flight travelling less than 1,500 kilometres which is delayed for more than two hours; a flight travelling more than 1,500 kilometres within the EU; all flights travelling between 1,500 and 3,500 kilometres which are delayed for at least three hours; and a flight travelling over 3,500 kilometres which is delayed for over four hours.

When a delay is five hours or more, and the passenger decides not to travel, they have the right to a refund within seven days of the cost of the ticket for the part of the journey they did not make, and the part of the journey they did make if the flight no longer serves any purpose. When this happens they must also be provided with a return flight to the initial departure point.

When passengers arrive at their destination three or more hours later than scheduled, they have the right to the same compensation as when a flight is cancelled, unless the airline shows the delay was due to extraordinary circumstances. Amounts involved depend on distance travelled, as long as the delay is at least three hours, and can be 250, 400 or 600 euros.

And how can people claim?

Any passenger who believes their rights have not been respected can make an official complaint to the airline by filling in one of the claim forms which should be available from the information desk or ticket office at airports, or online using the form which can be found at http://www.seguridadaerea.gob.es/media/4411670/aesa_formulario_reclamacion_cia3.pdf.

The complaint should be addressed directly to the airline's customer service department, and sent either by post or online if the company has that facility.

It is important to keep your ticket, baggage label and any other documents used. The complaint should be clear, concise and legible. It is very important to state the date, time, place and the reason for the complaint, as well as the passengers' personal and flight details.

If no reply is received, or the response isn't satisfactory, a complaint can be made to the 'Agencia Estatal de Seguridad Aérea'. This can be done by filling in the form at https://sede.seguridadaerea.gob.es/SAU_Pasajeros/Paginas/Inicio.aspx, and attaching all communications and documentation.