Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…Today, Ciara O’Gorman, Development Manager with South Munster Citizens Information Service looks at the consumer rights of air passengers.
A lot of people will be travelling by air to holiday destinations this summer. Are there protections in place if things go wrong?
“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 if you are denied boarding against your will, your flight is cancelled, your flight is delayed, or you are downgraded
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).
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If you are denied boarding because the flight is overbooked, 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 are your rights 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 passengers are 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.
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Extraordinary circumstances may include:
• Weather conditions
• Air traffic control restrictions
• Security risks and
• Industrial disputes that affect the operation of the flight
How do you make a complaint if you are unhappy with the assistance or compensation you receive?
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 would like more information about your rights and entitlements, please contact your local CIC We will discuss your current circumstances with you and make you aware how the various schemes apply to your personal circumstances
This is where Citizens Information can help- we can discuss your situation with you and lay out your options. At the end of the day, you will decide what option is best for you – but hopefully with our help, you will make your decision based on having all the information you need to make an informed choice.
• For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
