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

Under EU and Irish law, you have certain rights when travelling by air with European airlines. All European airlines, travel agents, tour operators and businesses providing air transport services must observe your rights.

What assistance am I entitled to if I am a passenger with reduced mobility?

You have the right to assistance, free of charge. This can include help with your luggage, help getting on and off the plane and any assistance you need on the flight and in the airport before & after your flight. You should contact your airline at least 48 hours before your trip and explain what assistance you need.

Airlines and tour operators cannot refuse to carry passengers (or take bookings), on the basis of reduced mobility. However, this only applies to flights from airports in the EU.

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What are my rights if I am informed that my flight has been over booked?

If the flight is overbooked and you are told you cannot board the aircraft, you will be entitled to compensation under EU law.

However this only applies if you have a valid ticket and you have confirmed your reservation and you have presented yourself at check-in at the airport within the time specified by the airline

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 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 the 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 as outlined above.

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.

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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.

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 am I entitled to 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

What are my rights if my 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 I am not entitled to compensation?

Yes. 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.

Neither will you receive compensation if 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. Extraordinary circumstances may include:

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

How do I make a complaint?

If you have a complaint about the assistance and compensation you have received for denied boarding or cancelled or delayed flights, you must begin by contacting your airline directly.

If you feel your rights have not been met and you have not received the level of treatment or compensation to which you are entitled, you should contact the Irish Aviation Authority or the Competition and Consumer Protection Commission (CCPC) and make a complaint.

You can also contact the Directorate-General for Transport and Energy of the European Commission.

• 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. 

Tralee Tel; 0818 07 7860 Email: tralee@citinfo.ie

Killarney Tel: 0818 07 7820 Email: Killarney@citinfo.ie

Caherciveen  Tel: 0818 07 7780 Email: caherciveen@citinfo.ie

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