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Airline Compensation

Being bumped from a flight, or having one delayed or even cancelled is no fun at all. But at least now air passengers travelling to and within the EU are entitled to financial compensation for any inconveniences they face.

At least, that is the theory. The practice is sometimes less than satisfactory, and airlines often exploit loopholes to avoid making payouts.

Since February 2005, new laws have meant that airline customers who have their domestic or charter flights disrupted are legally entitled to cash payouts. (And airlines are no longer able to discriminate against disabled passengers, by way of extra charges such as ‘wheelchair tax’.)

If you are refused entry to your flight because of overbooking or find that your flight has been cancelled, the airline must hand you a leaflet explaining your rights and describing how much money you are entitled to.

The rates are:

  • · Flights of 1,500km or less: €250 (about £170)
  • · Flights between 1,500km and 3,500km: €400 (about £280)
  • · Flights of more than 3,500km: €600 (about £410)
  • You should also be offered a ticket refund (and a free flight home if necessary) or payment for alternative transport to your destination.
  • The financial compensation is halved if you are not delayed for an extended period of time (two hours for shortest flights, four hours for the longest).

    You are still entitled to free food, drink and phone calls while waiting for a delayed flight. You can also expect use of a hotel room if appropriate, and if the delay is more than five hours, the airline should give you a refund on your ticket (and fly you home if needs be).

    Should your luggage get damaged or become delayed, you can claim up to around €1,200 (£850) compensation.

    What the EU fact sheet won’t tell you is that if you get downgraded you are entitled to a 30% rebate on the price of a short-haul ticket, and a 75% rebate on a long-haul ticket.

    However, be prepared for your airline to refuse you compensation.

    Many air carriers regularly cite the clause in the EU directive that says payouts are necessary if a problem is the airline’s fault, but not if a flight is adversely affected by “extraordinary circumstances”, such as severe weather conditions.

    This leads many airlines, claim critics, to use such circumstances as the reason for most delays and cancellations – which are sometimes referred to as schedule ‘changes’ in order to avoid having to cough up for cancellations.

    Some carriers do not even supply the required information leaflet, as if to reduce the number of compensation claims by withholding information on the subject.

    The consumer watchdog for air passengers, the Air Transport Users Council (AUC), says it is so inundated by aggrieved passengers who feel they have been unfairly treated that it is unable to handle all complaints.

    The AUC http://www.auc.org.uk says it will be reporting airlines that repeatedly use excuses to avoid making payouts to the Civil Aviation Authority (www.caa.co.uk), which has the power to fine offending carriers.

     

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