Most of us will have seen the chaotic scenes from the new terminal five at Londons Heathrow airport over the past few days; anyone who has used air travel to go on holiday will have at some point experienced the sheer frustration of delays, cancelled flights and lost baggage but what happened at T5 is enough to put anyone off air travel altogether.
All those people stuck in that situation though have a certain amount of rights and should lodge for compensation as soon as possible. British Airways must recognise this; accommodation should have been offered to the stranded travellers as well as meals…not just bottled water and biscuits as was the case. Here is a run down of your rights as an air traveller in the EU…
Your flight is cancelled…
* Under Article 5 of the Regulation air passengers whose flight is cancelled are entitled to assistance under Article 8 (reimbursement or re-routing), to care under Article 9 (refreshments, accommodation if necessary…) and to compensation under Article 7 (the amount of which depends on the distance of the flight), subject to the conditions listed below. The air carrier is also obliged to inform passengers of their rights (Articles 5 and 14). Note that an air carrier cannot deprive passengers of the rights which the Regulation confers on them. Consequently, any clause which purports to limit or waive passengers’ rights is void.
* Some airline carriers could claim that they are not bound by the provisions aimed at protecting air passengers’ rights laid down in Regulation 261/2004. This claim has no legal basis. The Regulation is applicable to all airline companies, irrespective of whether or not they are members of the IATA (International Air Transport Association). The Regulation is enforceable against regular, as well as against the so-called “low costs” or “charter” companies. The European Court of Justice has made this point very clear.
Right to assistance…
* Passengers whose flight is cancelled are entitled either to re-routing, under comparable transport conditions, to their final destination at the earliest opportunity or at a later date at their convenience (subject to seat availability).
* To the reimbursement of their tickets. The reimbursement must also cover the part or parts of the journey not made, and, if necessary, a return flight to the first point of departure, at the earliest opportunity.
Passenger chooses reimbursment…
* The reimbursement must take place within seven days.
* It must be paid in cash, by electronic bank transfer, bank orders or bank cheques.
* Reimbursement can only be paid in travel vouchers and/or other services with the signed agreement of the passenger. In other words, a passenger whose flight is cancelled cannot be obliged to accept travel vouchers as a means of reimbursement if he does not consent to it expressly and in writing. I advise passengers to be very wary about travel vouchers as a means of compensation or reimbursement as they often contain restrictive terms and conditions. Never accept a travel voucher from airlines such as RyanAir as discount airlines are not exempted from adhering to these laws.
Passengers rights to ‘care’…
* Passengers must be offered free of charge the possibility to make two telephone calls, or to send two telex, fax messages or emails.
* Meals and refreshments in a reasonable relation to the waiting time.
* Hotel accommodation in cases where an additional stay becomes necessary as well as transport between the airport and place of accommodation.
Right to compensation…
The amount of compensation to which a passenger whose flight is cancelled is entitled depends on the distance which he was supposed to travel. The compensation must be paid to each traveller, even children in a family group, there is no age limit…
* EUR 250 for all flights of 1500 kilometres or less;
* EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres.
* EUR 600 for all other flights (that is, all the flights of more than 3500 kilometres which are not intra-Community flights).
Be aware of your rights from the start. For more information read here.
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