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NCA guide to air travel

Introduction

These guides look at your rights and entitlements in terms of air travel, and cover issues such as:

• "Denied boarding" - where you can't get on a flight because it's overbooked
• Missing a flight
• Delayed or cancelled flights
• Airline prices, booking and other charges

Find out more about your consumer rights and air travel below.

Denied boarding

You have the right to compensation and other entitlements if you can't get on a flight because it's overbooked.

This situation is called "denied boarding". It happens because the airline has sold more tickets than seats on the aircraft. The reason they do this is because they don't want to end up with empty seats.

Airlines expect people not to show up. Up to 10% of passengers don't confirm their reservations in time or check in on time, or decide for whatever reason not to travel.

But on some occasions more people than expected turn up and the flight is overbooked. When you are denied boarding, the compensation you are due varies depending on the length of your intended journey.

How it works

Airlines are required to deal with denied boarding in a particular way. Firstly they should ask passengers to volunteer not to board that flight to free up some seats. Those volunteers are entitled to compensation for not boarding. If you decide to volunteer, you first need to agree this sum with the airline, as well as an alternative flight or a refund of the ticket.

However, if there are not enough volunteers, the airline can refuse to board you. It has to give you a information in writing on the spot, outlining your rights and the amount of compensation due.

These rights include compensation for your inconvenience. The amount is largely determined by the length of your intended journey, as shown in the table below.

They should also offer you an alternative flight, or a refund on your ticket. If necessary, they must get you overnight accommodation while waiting for an alternative flight, as well as transport between the airport and place of accommodation, food, refreshments and reasonable access to telephone/email etc.

Compensation - Exclusions

You are not entitled to compensation if you are:

• Given at least two weeks' notice that your flight has been cancelled
• Provided with another flight at the time of the original flight or
• Denied boarding but travelling free of charge or at a reduced fare that is not available to the public
• Late at check-in

Always remember that if you have not confirmed your reservation in time or arrive at check-in later than the time stipulated, the airline can legitimately argue that you have breached your terms of the contract. If that happens, they are perfectly entitled to refuse to allow you to board, and are not obliged to offer compensation.

Upgrading and downgrading seats

Remember too that if you booked a business/first-class seat you might be denied boarding to this class because it's overbooked. But there may still be room in a lower class on the same flight.

The airline can offer you a seat in a lower class, but they must compensate you with a percentage of the ticket price immediately, as follows:

• 30% of your original ticket price for flights up to 1,500 km
• 50% for intra-EU flights more than 1,500 kilometres and for all other flights between 1,500 and 3,500 km
• 75% for all flights greater than 3,500 km

If you are on an overbooked flight and are offered a seat in a higher class (the common term is that you are "bumped up" to this higher class), the airline cannot charge you an additional payment for this seat.

Missing a flight

Whenever you book a flight, you enter into a contract with an airline. The contract's terms and conditions spell out your rights and responsibilities.

If it’s your fault

If you miss a flight and it's your fault - such as missing the check-in time or not bringing the right kind of ID - you are in breach of that contract and have no consumer rights.

You have other responsibilities as part of the contract, such as confirming your reservation in time, and bringing the right booking information.

This might be a copy of the email confirmation that the airline sent you, or on some airlines it might be the ticket that you print out on your computer. Always check the terms and conditions to see what you need to do.

If it’s the airline's fault

However, if it's the airline's fault that you missed the flight, you have various entitlements as a consumer. For example, if the flight is overbooked (see "Denied Boarding" above) you have the right to compensation.

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

The following table shows the amount of notification you should be given for the rerouting (if applicable).

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:

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

Airline prices

Many airlines offer flights that appear to cost just a few euros but end up costing far more when you take into account the airline's "handling fee" for credit card transactions, airport charges and government taxes.

So, before you confirm your booking, always check the total cost of the flight, because it might not be quite so cheap in the end.

It is not illegal for airlines to levy additional charges for certain services, such as charges for checked-in baggage.

Information about any of these charges made by the airline, from any booking charges to baggage fees, must be notified to you in advance of completing your booking.

'Departure fees'

Some regional airports also charge passengers a "development fee" (sometimes called a "departure fee"), payable at the airport before you can fly. But as this particular fee has nothing to do with the airline, it is not obliged to tell you about it.

There are specific rules about how air fares should be advertised on radio, television and in print. You should be told whether a flight's price is only applicable between certain dates or times.

Booking and other charges

Whenever you book airline tickets, whether online or from a travel agent's office, the best advice is to keep a sharp eye on all the taxes, fees and other charges which may be added as you progress through the booking.

If you are ordering tickets online, sometimes the booking form will automatically add in travel insurance, so you have to change the form to indicate "No Insurance" if you don't want any.

If you don't like the added cost, don't complete the order.

Return to the web version of our guide to air travel

http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Travel/air-travel/intro.html