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Compensation for being bumped-off or delayed on flights

October 10, 2005 9:44 AM

Passengers delayed or bumped-off flights have a right to financial and non-financial compensation under EU law. Waiting in airports for hours is a miserable and frustrating experience. Holidays and business trips can be ruined. The EU law will help alleviate the distress caused and provide an incentive to airlines to avoid delays and overbooking.

The law applies to passengers on both scheduled and non-scheduled flights, including package tours. It covers passengers departing from an airport in one of the 25 European member states and to those flying into an airport in a member state when the flight is operated by a carrier registered in one of the EU member states.

In case of a cancellation or over-booking, the airline has to provide the passenger with information about compensation procedures and rules i.e. provide airline contact addresses for compensation claims. If this is not the case, passengers should take the initiative and ask one of the company's representatives to provide the necessary information. Passengers must raise their complaint with the airline within 7 days of original departure date.

The complaint should be sent by recorded post only.

Passengers are not entitled to compensation if they have been informed of a cancellation fourteen days or more in advance of the planned departure date and have been offered a re-routed flight which would take them to their original destination no later than four hours after the scheduled time of arrival.

Compensation in case of cancellation (not including long delays)

1. All flights 1500 kilometres or less: 250€ (about £170)

2. All flights intra-Community and all other flights between 1500 - 3500 kilometres: 400€ (about £271)

3. All flights exceeding 3500 kilometres: 600€ (about £407)

Right to care in case of long delays

1. Delay of two hours or more for flights of 1500 kilometers or less

2. Delay of three hours or more for all flights within the EU of more than 1500 kilometers and all

other flights between 1500 kilometers and 3500 kilometers

3. Delay of four hours for all other flights

In all cases, meals, refreshments, hotel accommodation, transport to and from a hotel and two free telephone calls must be provided if necessary.

If a flight is delayed by five hours or more, passengers must be offered a choice of full reimbursement or a return flight. Financial compensation must be given to passengers denied boarding due to overbooking of flights.

For compensation in case of cancellation, passengers should contact the relevant customer relations department and provide their name, contact details, booking reference and details of the delayed or cancelled flight. If the ticket was bought online, contact details for the customer relations department should be featured on the same website. In case of cancellation during a journey, the airline has to provide the customer with the relevant material, contact details and forms which will enable them to claim reimbursement.

The EU Commission has published a fact sheet about air passenger rights which can be found on this website address:

http://europa.eu.int/comm/transport/air/rights/doc/2005_01_19_apr_leaflet_en.pdf

Additional information can be found by clicking this link:

http://europa.eu.int/comm/transport/

In case UK passengers require further assistance or advice, they can contact the Air Transport Users Council which is the UK consumer watchdog for air travellers. It is part of the UK Civil Aviation Authority which ensures compliance comply with EU legislation. The Council's website provides useful information and leaflets about delays, cancellations and overbooking.

Air Transport Users Council, Room K705, CAA House, 45-59 Kingsway, London WC2B 6TE

Phone: 020 7240 6061 (Consumer advice line Mon to Thurs 9.30am to 2.30pm)

Website: www.caa.co.uk

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