Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…

We are in the height of the holiday season and many people are flying abroad this year.

It is important to be aware that 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.

These situations are:

• You are denied boarding against your will
• Your flight is cancelled
• Your flight is delayed
• You are downgraded

Continued below…

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).

Who does the law not apply to?

The law 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.

Tickets purchased under frequent flyer programmes or similar commercial programmes are not considered reduced fare tickets.

The law also does not apply if you do not have a confirmed reservation, relevant document (visa etc), you do not arrive at the boarding gate at good time or if you pose safety or security concerns.

What happens if I am denied boarding as the flight was overbooked?

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. The volunteers are also entitled to a choice of:

• Refund of the cost of their ticket within 7 days if not wishing to travel or
• Re-routing to their final destination at the earliest opportunity or
• Re-routing at a later date at the passenger’s convenience, subject to availability of seats

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. You must also be offered 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 availability of seats

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 have 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 you choose a refund, compensation must also be paid. The amount you are entitled to depends on the distance of the flight that you have not been allowed to board.

If you choose re-routing, the compensation that is paid depends on the length of delay past the original planned time in arriving at your final destination.

If you choose to be re-routed as soon as possible then the air carrier must give you care and assistance whilst you are waiting on your alternative flight.

Continued below…

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 are my rights if the flight is cancelled?

Where your flight is cancelled, you are entitled to a choice of:

• Refund of 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 availability of seats

You may also be entitled to compensation.

Are there situations where I am not entitled to any compensation?

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.

Can you give some examples of extraordinary circumstances?

Extraordinary circumstances could include any of the following

• Weather conditions
• Air traffic control restrictions
• Security risks and
• Industrial disputes that affect the operation of the flight

How is compensation calculated?

A number of factors are taken into consideration when calculating compensation. It will vary depending on whether you opted for a refund of the cost of your ticket or you opted to be re-routed

It is based on factors such as the length of the flight you were booked on if you are getting a refund and the length of delay past your original planned arrival time, if you were re-routed.

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 of 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.

Can I get a refund if my flight is delayed?

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.

How do I make a complaint?

If you have a complaint about a cancellation, long flight delay or an instance of denied boarding, you should 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 Commission for Aviation Regulation 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 Commission for Aviation Regulation.

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.flightrights.ie. You can also find all the common questions about passenger rights in case of flight cancellation, delay or other areas.

• If you need further information about any of the issues raised here or you have other questions, you can call a member of the local Citizens Information Service in Kerry on 0818 07 7860. They will be happy to assist you and if necessary arrange an appointment for you.

Kerry HELPLINE 0818 07 7860

Monday to Friday from 10am -4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie

The National Phone Service is available on 0818 07 4000 Monday to Friday 9am – 8pm.