"Rules for passenger air transportation are regulated by EU Commission Directive No. 261/2004, which has been in effect since February 2005," explains Claire Campbell, solicitor at Pannone Law Firm (Manchester, UK). Moreover, the directive applies not only to all travelers (regardless of whether they live in the EU or not), but also to all airlines and all passengers on flights operated from EU airports and French overseas territories. This includes both scheduled and charter flights. All the intricate provisions of the EU directive can be reduced to a few simple rules, compliance with which you should demand from the airline representative.
If the flight is cancelled
In this case, the airline must offer the passenger a choice: either a refund of the ticket price, or re-routing to the destination at the earliest opportunity, or re-routing at a time convenient for the passenger. The ticket price is refunded in the form of a bank transfer, traveler's check, or travel voucher within seven days. It includes only those component costs that were not used.
If the passenger chooses re-routing, during the waiting time they must be provided with free meals and drinks, free hotel accommodation and transfer (if the wait is overnight). They are also entitled to two free phone calls, faxes, or emails.
As for compensation, it may be provided (in addition to the refunded ticket price and also within seven days) only if the airline cannot prove that the cancellation occurred due to "extraordinary circumstances which could not have been avoided." It is important to note that this applies exclusively to monetary compensation, not to the refund of the ticket price.
Because our citizens need a visa to all EU countries, and consular services, as a rule, issue single-entry visas (with some exceptions - for example, the UK, France) for a period limited to the travel dates, it is difficult for our compatriots to choose to abandon the itinerary.
If hotel accommodation becomes necessary, all legal services are handled by the airline.
Overbooking
If overbooking is discovered, the airline first offers passengers to voluntarily give up their seats. Volunteers are offered the same privileges - refund of ticket price or re-routing. However, if there are none or not enough, the airline has the right to deny boarding to some passengers.
In this case, a passenger who is unexpectedly denied boarding is also entitled to monetary compensation, which is double the usual amount and is paid immediately. "The logic, of course, is that the longer the delay and the greater the distance, the more significant the compensation you can expect," says Claire Campbell.
If the flight is delayed
In case of a flight delay, monetary compensation is not provided. According to EU rules, if the flight is postponed to the next day, then (as in the case of cancellation) passengers are entitled to food and drinks, two messages to relatives, and hotel accommodation. If the traveler decides not to travel, they are entitled to a refund of the ticket price (not to be confused with compensation).
Passengers are also entitled to reimbursement of the fare (unused portions) if the flight departure is delayed by more than five hours (regardless of flight distance). If the delay is two hours and the flight distance does not exceed 1,500 km, then only food and refreshments can be expected.
Where to complain
"The Directive... includes a requirement for EU member states to create national enforcement bodies, which should handle air passenger complaints and monitor the enforcement of their rights. This law helps avoid lengthy and costly court proceedings between passengers and airlines," a European Commission representative, Hein Bollens, told the publication. He does not specify what punitive measures these enforcement bodies (their addresses are in the table) can apply to airlines. According to Bollens, there is no single complaint form. "However, the European Commission is working with national enforcement bodies to create such a form," says the Commission representative.
However, a court process may not be lengthy or costly at all. "If an airline refuses to pay compensation for a cancelled flight, a passenger can file a claim in small claims court. This is a simple and inexpensive way designed for a person not strong in law to make a claim without needing a lawyer (applies to claims under £5,000)," explains Claire Campbell. Asked about the amount of court costs, the lawyer says that "it depends on the amount of the claim." According to her, the court fee is usually £80. "True, only if the passenger handles the case themselves. This is the norm for small claims court, as court costs are not recoverable. The services of a lawyer who will handle the case up to a final decision will cost the plaintiff £500-700," summarizes Claire Campbell. A claim can be filed in the British small claims court online at www.moneyclaim.gov.uk. It may also include daily interest accruing on the amount the plaintiff believes the airline owes them. The interest rate is calculated as 0.00022 times the amount of the claim.
A specific example is given on the website of Her Majesty's Courts Service (www.hmcourts-service.gov.uk, where you can find all the details): "If you are owed 1,000 pounds, the daily interest rate is (1,000 x 0.00022) 22 pence. For example, if the debt arose on March 7, and you file a complaint on April 26, that is 50 days later, then (50 x 0.22) you can add 11 pounds to the amount of the claim."
As for the time a court case may take, it is, of course, not specified. One can only be sure that the plaintiff will not have to beat a path to the courthouse. Usually, in small claims court, the plaintiff does not appear at all or appears only once.
Incidentally, small claims courts also operate in other countries where Anglo-Saxon law is prevalent: Australia, Ireland, Canada, New Zealand, the USA, and South Africa. In other EU countries (except Ireland), a claim can be filed in an ordinary court.
According to Claire Campbell, the main problem in the relationship between a passenger and an airline (if the latter fails to fulfill its obligations) is the justification for denial of boarding. "This is a kind of loophole for airlines. After all, what seems justified to one person does not seem so to another. And since the EU rules have been in effect for only two years, there are not enough precedents yet," says the newspaper's interlocutor, acknowledging that the directive has many unclear points. "Here's an example. An airline operated a flight from England to Spain, and a strike by baggage handlers occurred in Spain. Should the airline be held responsible for such a delay, given that it does not control the baggage service?"
When a delay becomes a cancellation
However, it is virtually impossible to determine what constitutes a delay and what constitutes a flight cancellation. Here is what the UK Civil Aviation Authority website says: "The directive defines a cancellation as 'the non-operation of a flight that was planned and on which at least one seat was reserved.' The directive does not provide a clear definition of the term 'delay,' nor does it specify the period after which a long delay is considered a cancellation. A change in flight number usually suggests that the original flight is more likely canceled rather than delayed. Sometimes, when a flight is delayed overnight, its number is changed to distinguish it from the flight with the same number operated the previous day (for example, Monday flight AB123, which is delayed until Tuesday, becomes AB123B to distinguish it from Tuesday's AB123)."
Moreover, in a communication from the European Commission addressed to the European Parliament and the Council of the EU dated April 4, 2007, it is stated outright: "It is difficult to determine whether a flight has been delayed or canceled, as airlines may use different approaches to classifying these terms, which naturally affects the payment of compensation." Experts also say that data regarding flight cancellations are provided by the airlines themselves, and there are no independent sources of such information.
It is unclear what criteria airlines use to determine whether a flight is delayed or canceled. Thus, British Airways (BA), when asked about the difference between the two terms, responded by listing passenger rights. And when asked whether an airline can operate a second flight on the same route if the first is delayed, and whether the first flight would then be considered canceled, BA responded: "We work closely with local authorities and consider each situation depending on the circumstances." The response from Lufthansa also did not clarify the criteria they use to determine delay and cancellation.
As reported in a comment to Gzt.ru by Lufthansa, a case is currently being heard in the European Court of Justice initiated by the International Air Transport Association (IATA). The case is directed against "an unusual form of liability without fault." In other words, according to the airlines, they are forced to pay compensation even for delays or cancellations caused by force majeure circumstances.