Q: My flight was delayed. Am I entitled to financial compensation?
A: There is no provision in Regulation (EC) 261/2004 for compensation for flight delays.
Q: So, if my flight is delayed, am I entitled to anything?
A: Yes, you do have certain entitlement if your flight is delayed. Care and assistance should be provided as stated in Article 9 of the Regulation. This should consist of meals and refreshments in reasonable relation to the waiting period, two free telephone calls, emails or faxes, hotel accommodation where the waiting period is overnight, and, where the delay is over five hours duration, reimbursement of the cost of the ticket for the part of the journey not taken if the passenger decides not to travel. Your travel insurance may also cover delays to flights and you should check your policy for details.
Q: My flight was delayed over two hours. The air carrier said that they could not provide meals and refreshments, but that I should keep any receipts. What should I do?
A: In the event of a long delay an air carrier is obliged to provide passengers with the care and assistance specified in Article 9 of the Regulation. Failure to do so is an infringement of the Regulation. If you have incurred reasonable expenses as a result of an air carriers failure to comply with the provisions of Regulation (EC) No. 261/2004 you must be reimbursed these expenses by the air carrier. If the air carrier fails to reimburse you within a reasonable period of time your complaint refers to a delay which occured at an Irish airport, you may send your complaint to this Office.
Q. I have been told that my flight is now operating at a different time than I when I originally made the booking. The airline says this is because of a “schedule change”. I am due a refund or compensation?
A. Regulation (EC) No. 261/2004 establishes common rules on compensation and assistance to passengers in four specified circumstances. Unfortunately the Regulation makes no reference to schedule changes. As a result these are usually governed by the terms and conditions agreed to at booking.
Q. My flight has been cancelled. I have been offered an alternative flight to a different airport in the city I am travelling to. Is the airline required to offer me onward transport to my original destination airport?
A. Yes. Where a town city or region is served by several airports, an operating carrier offers a flight to an airport alternative to that for which the booking was made, the carrier shall bear the cost of transport from that alternative airport either to that for which the booking was made or to another close-by destination agreed with the passenger.
Q: The airline having cancelled my flight only offered a flight the next day which was unsuitable. As a result I booked another flight with a different airline. What are my refund entitlements?
A: You are entitled to a refund for the unused (cancelled) flight from the airline. However Regulation (EC) 261/2004 does not provide for reimbursement of alternative travel expenses or losses incurred due to a delayed arrival at your destination. To claim consequential expenses such as these it will be necessary to take a case against the airline under the Montréal Convention. All Montreal Convention claims must be made through courts such as the Small Claims Court in Ireland.
Q: My complaint relates to the loss of, damage or delay to my baggage. Can the Commission for Aviation Regulation help me with this?
A: The Commission’s only function in relation to air passenger rights is in respect of Regulation (EC) 261/2004 i.e. flight delays, flights cancellations,denied boarding and downgrades. The European Consumer Centre Dublin may be able to provide assistance with these queries. Please see their website for further information:
http://www.eccdublin.ie
Q. I have cancelled my own flight. Am I due a refund?
Passengers who choose to cancel their own flights are bound by the booking conditions agreed to when the reservation was made. Some tickets are fully refundable while others, particularly the lowest priced tickets, may be non-refundable. The taxes and charges element of flights should be refundable however and a claim for a refund should be made directly to the airline. Such refunds may be subject to an administration fee. Please note the Commission for Aviation Regulation has no enforcement powers regarding the level of administration fee charged. We would recommend contacting the National Consumer Agency if you have further queries in relation to this matter.
Q. The Department of Foreign Affairs has advised against all travel to a particular country due to a natural disaster. I am due to go on holiday soon to this country. If I cancel my flight am I due a full refund?
A. A refund would be due under the Regulation if the airline cancels the flight. If it does not, then you would be bound by the conditions agreed to at the time of booking. In most cases airlines will be aware of a travel advisory and will offer refunds.
Q. I was due to travel from Dublin to Moscow via London with all my flights on the same ticket. On arrival in London it was announced that the Moscow flight was cancelled. As a result I missed an important engagement in Moscow and now have no reason to go there. What are my entitlements?
A. As well as the rights described in the cancellation section you are also entitled to a free flight back to your original departure point if as a result of a cancellation of a connecting flight your journey no longer serves its intended purpose.
Q: Am I due Care & Assistance at a connecting point if I am delayed at my starting point and miss a connecting flight? My flights are all on one ticket.
Articles 6 & 9 of Regulation (EC) 261/2004 cover the rights and entitlements of passengers in cases of Long Delays. These rights apply to delays prior to departure. The Regulation does not provide for refunds of expenses incurred due to late arrival at a connecting point, unless the connecting flight was also delayed.
Under IATA (International Air Transort Association) rules in cases where a delay causes a passenger to miss a flight care should be provided by the forwarding carrier if you are travelling with two different carriers on the same ticket and both carriers are members of IATA. If the connecting flights are with the same carrier the IATA rules may not apply so it is best to check with the airline.
Q. My connecting flights were booked separately. If my first flight is cancelled am I entitled to a refund for my other flight(s)?
A. Unlikely If the bookings were made separately they will be regarded as separate contracts and under the terms of the Regulation a refund will only be due for the cancelled flight. However if the bookings were all made with the same airline you may receive a refund at their discretion.
Q. Does the European Commission provide standardised guidelines for National Enforcement bodies and Airlines to follow for (EC) 261/2004 complaints across all member states?
Following a series of meetings with relevant stakeholders in 2007, the European Commission has published an interpretation document which provide answers to further questions on Regulation (EC) 261/2004 and complaint handling guidelines for Airlines and Enforcement bodies. However the document in itself is not as yet legally binding. See the European Commissions Air Passenger Rights information homepage for further information.