20 August 2024
By Tom Collins
tom@TheCork.ie
KYR Compensation for overbooked, cancelled and delayed flights in the EU
Air passengers have specific consumer rights under European law. You have a right to get assistance from your air carrier and you may be entitled to compensation in certain situations.
File photo of Airplanes
Who does the law apply to?
The law applies to all passengers departing from an EU/EEA airport. It also applies to passengers departing from an airport outside of the EU/EEA but arriving at an EU/EEA airport on an EU/EEA licensed carrier (unless they have already received compensation or assistance in that non-EU/EEA country).
It does not apply if you are travelling free of charge or at a fare that is reduced and is not available directly or indirectly to the public. The law also does not apply if you do not have a confirmed reservation or relevant document (visa etc), if you do not arrive at the boarding gate at a good time or if you pose safety or security concerns.
If you are denied boarding, or your flight has been cancelled or delayed, and the law does apply, the airline must provide you with a written notice setting out the rules for compensation and assistance. You must be offered 2 free telephone calls, fax messages, or emails. In addition, a sign must be displayed at the check-in area referring to air passenger rights under the law.
What does ‘denied boarding’ mean?
Denied boarding means that the airline has refused to accommodate you on scheduled flights and charters although you have a valid ticket, correct documentation (passport, visa etc.), you have confirmed your reservation on your flight and you have presented yourself for check-in within the required time limit as specified by the airline.
Denied boarding happens when airlines sell more tickets for a scheduled flight than there are seats on the aircraft.
Where a flight is overbooked the airline will first call for volunteers to surrender their confirmed reservations to the airline in exchange for agreed benefits. If there are not enough volunteers, the airline may deny boarding to passengers against their will but must compensate them and offer the appropriate assistance set out in the law.
In both situations you will be entitled to a choice of:
- Refund of the cost of your ticket within 7 days if not wishing to travel or
- Re-routing to your final destination at the earliest opportunity or
- Re-routing at a later date at your convenience, subject to the availability of seats
What is care and assistance by the airline?
Free meals and refreshments must be offered depending on how long the waiting time is. Hotel accommodation must also be offered free of charge where an overnight stay becomes necessary, as well as transport between the hotel and the airport. You must be offered 2 free telephone calls, fax messages, or emails.
If the airline does not give you the above assistance to you and you are forced to make your own arrangements, you should keep all your receipts. You are entitled to get reimbursed for your expenses.
What is my entitlement if the flight is cancelled?
Where your flight is cancelled, you are entitled to a choice of:
- Refund the cost of your ticket within 7 days or
- Re-routing to your final destination at the earliest opportunity or
- Re-routing at a later date at your convenience, subject to the availability of seats
You may also be entitled to compensation.
Are there situations where compensation is not payable?
You are not entitled to compensation if:
- You have received at least 2 weeks’ notice of the cancellation; or
- You have received between 2 weeks and 7 days’ notice but you have been offered an alternative flight departing no more than 2 hours before your original departure time and arriving at your final destination less than 4 hours after your original scheduled time of arrival; or
- You have received less than 7 days’ notice but you have been offered an alternative flight departing no more than 1 hour before your original departure time and arriving at your final destination less than 2 hours after your original scheduled time of arrival.
If the airline can prove that the cancellation was caused by an extraordinary circumstance which could not have been avoided, even if all reasonable measures had been taken, no compensation is payable.
Examples of extraordinary circumstances may include:
- Weather conditions
- Air traffic control restrictions
- Security risks and
- Industrial disputes that affect the operation of the flight
What are my rights if my flight is delayed?
Whether a delayed flight comes within the terms of the law depends upon the distance of the route involved and the length of the delay. The following flights are covered by the law:
- Delays of 2 hours or more in the case of flights of 1500 km or less
- Delays of 3 hours or more in the case of all flights within the EU of more than 1500 km, and all other flights between 1500 and 3500 km
- Delays of 4 hours or more in the case of all other flights
If your delayed flight is covered by the law, free meals and refreshments must be offered depending on how long the waiting time is. Hotel accommodation must also be offered free of charge where an overnight stay becomes necessary, as well as transport between the hotel and the airport. You must be offered 2 free telephone calls, fax messages, or emails.
If the flight is delayed at least 5 hours, you must be offered a refund of your ticket instead of flying. A refund is a full refund of the ticket for the part or parts of the journey you have not made and for the part or parts you already made if the flight is no longer serving any purpose to your original travel plan. When relevant, it also includes a return flight to your first point of departure, at the earliest opportunity.
If the airline can prove that the delay was caused by an extraordinary circumstance which could not have been avoided, even if all reasonable measures had been taken, no compensation is payable.
What are the levels of Compensation paid?
Where a refund of the cost of the ticket is chosen and you are also entitled to compensation, the following compensation must be paid:
| Compensation when getting a refund | |
| Type of flight | Compensation |
| Flights of 1,500 km or less | €250 |
| Flights of over 1,500 km within the EU and other flights between 1,500 and 3,500 km |
€400 |
| All other flights | €600 |
When the choice is re-routing and you are entitled to compensation, the amount of compensation you are entitled to depends on the length of delay past your original planned arrival time.
What are the rules re upgrading and downgrading seats?
If you are offered a seat in a higher class than your original booking, the airline cannot charge you an additional payment for this seat.
If you agree to be placed in a lower class than on your original booking, you are entitled to reimbursement of a percentage of the difference in price. In other words, if you booked a business or first class seat and the airline offers you a seat in a lower class it must refund you a percentage of the ticket price you originally paid.
How do I make a complaint?
If you have a complaint about a cancellation, long flight delay or an instance of denied boarding, complain to the airline first.
If your airline does not resolve your complaint, you should send it to the appropriate national enforcement body. Each member state is responsible for departures from airports within its territory and arrivals into such airports from third countries on EU/EEA-licensed carriers.
The Irish Aviation Authority (IAA) is the national enforcement body in Ireland. It deals with complaints arising from flights departing from Irish airports or those arriving at an Irish airport from outside the EU/EEA on an EUEEA-licensed carrier. You can make a complaint online.
If you have a complaint about a flight returning to Ireland from the EU/EEA, you contact the national enforcement body in the EU/EEA state your flight departed from.
For example, if you booked a return flight from Dublin to Malaga and the outbound flight (i.e. the Dublin to Malaga flight) was cancelled then you should contact the Irish Aviation Authority (IAA). However, if the return flight (i.e. the Malaga to Dublin flight) was disrupted then you should contact the Spanish equivalent, the Agencia Estatal de Seguridad Aérea (AESA).
Find more information on your rights and how to make a complaint on www.iaa.ie. You can also find all the common questions about passenger rights in case of flight cancellation, delay or other areas.
John Beausang and Yvonne Rayner, Cork City’s Citizens Information Managers, said,
Our telephone lines in Cork City are monitored from 10am to 4.30pm, Monday to Friday. In addition, the Cork City Centre CIC in Cornmarket Street is open to the public Mondays, Tuesdays, Thursdays and Fridays, from 9.45am to 1pm and Wednesdays from 2pm to 4.30pm. The Blackpool CIC is open to the public each morning from 10am to 4pm, Tuesday and Thursday. Full details for all Citizens Information Centres and their opening times are available on our website.