Air travel: delayed or cancelled flights
There is no entitlement to financial compensation for delayed flights. But you may be entitled to care and assistance, as well as a rescheduled flight or reimbursement if the delay is:
- Two hours or more for a flight of 1,500km or less
- Three hours or more for a flight within the EU of more than 1,500km, and all other flights between 1,500 and 3,500km
- Four hours or more in the case of all other flights
In these cases the airline must provide passengers with a written notice setting out the rules for assistance in line with EU regulations. It must also display a sign at the check-in referring to air passenger rights under the regulations. These rights include:
- Free meals and refreshments in proportion to the waiting time
- Hotel accommodation where a stay of one or more nights becomes necessary, and transport between the airport and hotel
- Communications: two free telephone calls, telex or fax messages, or emails
Where the flight delay is at least five hours and the purpose of your journey is no longer attainable, the airline must offer reimbursement for the part of the journey you've already made. For example, the cost of a flight from Cork to Dublin will be reimbursed if the purpose was to travel on a connecting flight to London for a function which you cannot possibly attend due to the delay. In addition you have the right to a return flight to the original point of departure where relevant.
This right to reimbursement only applies where you decide not to travel as a result of the delay - it is not possible to travel and also claim reimbursement under the EU rules.
Cancelled flights
Your rights in the event of a flight cancellation vary depending on when you are informed of the cancellation. If a flight is cancelled without prior warning, the airline must offer passengers the choice between:
- Reimbursement of the full cost of the ticket for the parts of the journey not made, and
- Re-routing under comparable transport conditions to their final destination at the earliest opportunity. Re-routing may also be at a later date at the passenger's convenience, subject to the availability of seats.
If your journey involves connecting flights, and if the purpose of your journey is now pointless thanks to a delay, the airline must reimburse you for parts of the journey already made.
You would also be entitled to a return flight to your original point of departure.
The regulations also provide for the payment of financial compensation to passengers, in addition to reimbursements and re-routing. However, you are not entitled to compensation if:
- The airline can prove that the flight cancellation was caused by extraordinary circumstances which couldn't have been avoided even if all reasonable measures had been taken -the EU regulations give examples such as political instability, bad weather, security risks, unexpected flight safety shortcomings and strikes
- The airline gave you adequate notice of the cancellation
| Length of Journey (km) | Compensation for flights cancelled at short notice |
|---|
| Up to 1,500 | €250 |
| 1,500 to 3,500 | €400 |
| 3,500+ | €600 |
The following table shows the amount of notification you should be given for the rerouting (if applicable).
| Notification | Rerouting (if applicable) |
|---|
| Two weeks or more before scheduled departure | |
| Between two weeks and seven days before the scheduled departure time | Departing no more than two hours before the scheduled time of departure and arriving less than four hours after the schedule time of arrival |
| Less than seven days before the scheduled departure time | Departing no more than one hour before the scheduled time of departure and arriving less than two hours after the scheduled time of arrival |
Where financial compensation is payable, but the rerouting offered would allow you to arrive at your destination close to the original planned arrival time, the compensation involved may be reduced by half. So the breakdown of compensation payable is as follows:
| Length of flight | Delay to Destination | Compensation |
|---|
| Up to 1,500 km | Up to two hours / Over two hours | €125/€250 |
| Flights within the EU of more than 1,500 km and all other flights between 1,500 km and 3,500 km | Up to three hours / Over three hours | €200/€400 |
| All other flights not falling within the two categories above | Up to four hours / Over four hours | €300/€600 |
Always remember that you are not entitled to compensation if you are:
- Given at least two weeks' notice of a cancellation or
- Provided with another flight at the time of the original one or
- Simply delayed or
- Late at check-in and miss your flight
Where to complain
In Ireland, the Commission for Aviation Regulation is responsible for overseeing the rules on compensation and assistance to passengers.
If your flight is supposed to depart from another EU country, complain there. If you're travelling from outside the EU and your flight is operated by an EU airline, complain to the EU country where it is supposed to land.
For the name and address of the relevant authority which can assist you with your complaints, email mail@europe-direct.cec.eu.int
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