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Air Travel
Sometimes things go wrong when we fly.....If your flight is delayed, cancelled or you can't board your flight due to the airline's overbooking, you have rights. Equally, if your luggage is damaged, delayed, or lost, you may be able to claim compensation. Be careful when booking a flight to ensure that you understand and agree to all charges included and dont forget to check the terms and conditions to familiarise yourself with the relevant restrictions and procedures.
- Air Passenger Rights
- Air Carriers Information Obligations
- Flight Delay
- Flight Cancellation
- Denied boarding
- Delayed Baggage
- Damaged Baggage
- Lost Baggage
- Additional Cover
- External Links
Regulation [EC] No. 261/2004 applies to all flights departing from an airport located in the EU/EEA or flying from non EU/EEA countries into the EU/EEA on an EC Community licensed air carrier. Switzerland has also agreed to apply the Regulation. The Regulation improves the level of care and assistance provided to passengers by air carriers in the event of flight cancellation, long delay and denied boarding. The Regulation also provides for financial compensation to passengers in certain situations.
Under Section 45A of the Aviation Regulation Act 2001 (as inserted by the Aviation Act 2006), the Commission for Aviation Regulation is the national enforcement body for Regulation [EC] No. 261/2004 in Ireland with statutory powers for those complaints arising from the Regulation relating to flights departing from an airport in Ireland and for those from a non EU/EEA country into such airports, provided same are operated by Community licensed carriers.
Regulation [EC] No. 1008/2008 on air services in the Community requires that the final price to be paid is indicated at all times, including the air fare as well as all applicable taxes and charges, surcharges and fees which are unavoidable and foreseeable at the time of publication. Any optional price supplements must be communicated in a clear, transparent and unambiguous way at the start of the booking process and their acceptance by the customer must be on an 'opt-in' basis. The Regulation also aims to ensure access to air fares irrespective of nationality or place of residence within the Community.
The Montreal Convention 1999 for the unification of certain rules for international carriage by air was incorporated into Community law by Regulation [EC] No. 889/2002 on air carrier liability, which extends the application to carriage by air within a single Member State. The Montreal Convention governs, inter alia, air carriers' liability for passengers and their baggage.
Regulation [EC] No. 1107/2006 concerns the rights of disabled persons and persons with reduced mobility when travelling by air. The objective of the Regulation is to ensure that such passengers have opportunities for travel which are comparable to those of other persons. Further details can be obtained from the Commission for Aviation Regulation, which is the designated enforcement body in Ireland by virtue of S.I. No. 299 of 2008.
The air carrier shall ensure that at check-in a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: 'If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance'. Furthermore, if your flight is cancelled, the air carrier must give you an explanation concerning possible alternative transport.
Likewise, all air carriers are required, when selling tickets in the Community, to provide a notice (e.g. via the internet) referring to the deadlines for filing an action for compensation and the possibility of making a special declaration for baggage, as well as a summary of the main provisions governing and limiting liability for passengers and their baggage. The Montreal Convention also requires airlines to provide a written notice to this effect.
Regulation [EC] No. 261/2004 applies to:
delays of two or more hours in the case of flights of 1,500km or less;
delays of three or more hours in the case of all intra-Community flights of more than 1,500k, and of all other flights between 1,500 and 3,500km;
delays of four or more hours in the case of all other flights
In the event of such delays, disrupted passengers must receive adequate care and air carriers are required to provide the following free of charge:
Meals and refreshments in reasonable relation to the waiting time
Hotel accommodation where a stay of one or more nights becomes necessary
Transport between the airport and the place of accommodation
Two telephone calls, faxes or emails
If your flight is delayed by 5 hours or more and you decide not to travel, you are entitled to look for a refund for the part or parts of the journey not completed. If you decide to accept the refund, you may not receive any further care from the air carrier, such as meals or accommodation. However, if you have already initiated your journey and the purpose of your original travel plan is no longer attainable (e.g. connecting flight missed as a result of the delay of a flight in your itinerary) you can request to return to the first point of departure at no extra cost and the refund for the part of the journey already made. In such a case, the air carrier may not decline the passenger's right to care.
Compensation
Regulation [EC] No. 261/2004 does not explicitly provide for financial compensation in the event of flight delay. However, the European Court of Justice has ruled in joined cases C-402/2007 and C-432/2007 that passengers whose flights reach their final destination three hours or more after the arrival time originally scheduled can relay in the right of compensation set by the Regulation in the event of cancellation, unless the air carrier can prove that the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
This interpretation is compatible with article 12 of the Regulation and articles 19 and 22 of the Montreal Convention
Regulation [EC] No. 261/2004 stipulates that in the event of a flight cancellation you should be given a choice between rerouting to your final destination or a refund for the part, or parts, of the journey cancelled or not completed due to the cancellation.
If you choose rerouting instead of a refund, the air carrier should offer you an alternative flight to your final destination at the earliest opportunity, or at a later date of your choice subject to the availability of seats. If the air carrier offers you a flight to an alternative airport in the region, the air carrier must bear the cost of transferring you from that alternative airport to the one in your reservation or to another close-by destination agreed with you.
If you are already at the airport when your flight is cancelled, you should receive adequate care from the air carrier which in such case is required to provide you with the following free of charge:
Meals and refreshments in reasonable relation to the waiting time
Hotel accommodation where a stay of one or more nights becomes necessary
Transport between the airport and the place of accommodation
Two telephone calls, faxes or emails
If you choose a refund instead of rerouting, the airline may discontinue the provision of care from that moment on. However, if your journey no longer serves its intended purpose as a result of the cancellation of a connecting flight, you are also entitled to a free flight back to your original departure point, as well as the refund for the part of the journey already made. In such a case, the air carrier may not decline the passenger's right to care.
Compensation
In addition, compensation for cancellation can be claimed under the Regulation. The entitlement and the amount varies depending on when you are informed of the cancellation, the arrangements for an alternative flight, the distance of the flight cancelled and the reason of the cancellation.
The general rule is that if you are informed about the cancellation at least two weeks before the scheduled time of departure, the air carrier is not required to pay compensation. Otherwise, the distance of the flight determines the amount of compensation due:
€250 per passenger for flights of 1,500km or less
€400 per passenger for intra-Community flights of more than 1,500km or for other flights between 1,500km and 3,500km
€600 per passenger for all other flights
If an airline can offer rerouting to the final destination within two to four hours (depending on the distance of the flight) of the intended arrival, the compensation will be reduced by 50%.
However passengers are NOT entitled to financial compensation if a flight is cancelled due to 'extraordinary circumstances' which could not have been avoided even if all reasonable measures were taken. Examples include bad weather, political unrest, a security threat, unexpected flight safety shortcomings, air traffic control restrictions or strikes that affect the operation of the flight.
The European Court of Justice has ruled in case C-549/07 that a technical problem in an aircraft is not regarded as an 'extraordinary circumstance' unless the problem "stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control". However, "the fact that an air carrier has complied with the minimum rules on maintenance of an aircraft cannot in itself suffice to establish that" an air carrier has taken "all reasonable measures" to avoid the disruption.
When a flight is overbooked the air carrier must call on passengers to volunteer their seats to other passengers. If volunteers come forward they are entitled to a sum of money or other benefits to be agreed between the air carrier and the passenger. The volunteers are also entitled to choose between an alternative flight or a refund of the ticket. If not enough volunteers come forward the air carrier can refuse to board passengers against their will but must offer refused passengers the choice between rerouting to the final destination or a refund for the part or parts of the journey not completed, as explained before in case of cancellation.
If you choose rerouting, you should receive adequate care from the air carrier:
Meals and refreshments in reasonable relation to the waiting time
Hotel accommodation where a stay of one or more nights becomes necessary
Transport between the airport and the place of accommodation
Two telephone calls, faxes or emails
Compensation
If you are denied boarding against your will, despite having presented yourself in good time with valid documentation to travel etc., the air carrier must offer, in addition to the care and assistance referred to above, the following compensation:
€250 per passenger for flights of 1,500km or less
€400 per passenger for intra-Community flights of more than 1,500km or for other flights between 1,500km and 3,500km
€600 per passenger for all other flights
Please note that the above rules will not apply where the airline has reasonable grounds to refuse boarding to passengers. This would include health, safety or security concerns, inadequate travel documents or if the passenger arrives too late for the check-in or boarding procedures.
Under the Montreal Convention, you can claim compensation if your checked baggage fails to arrive in time. Although, air carriers differ in their approach to offering compensation, you may be required to prove the extent of the loss, e.g. expenses incurred for interim expenses that became necessary during the time in which you were deprived of your baggage.
The Montreal Convention simply limits the air carrier's liability to 1,131 Special Drawing Rights (SDR) per passenger (the value of the SDR is calculated on a daily basis by the International Monetary Fund, 1 SDR is approximately 1.2 EUR) but does not provide for guidelines as per how to calculate the amount of compensation to be awarded in each individual case. We recommend however that you observe the following procedure:
Complete a Property Irregularity Report (PIR) at the relevant baggage claims desk, typically located in the baggage reclaim area. Provide details of your bag and keep a copy for yourself.
Keep your boarding card and the baggage tags.
Enquiry about the air carrier's daily allowance policy, if applicable.
Request the contact details of the baggage department and ask if there is any online tracer system available to check the status of your bag.
Keep receipts for all necessary expenses resulting from the delay of your bag.
Timely notice of complaints
Under the Montreal Convention you have 21 days from the date on which your bag was eventually delivered to submit a written claim for compensation. Remember to keep a copy of your letter for your records and to enclose copies of the relevant documentation, e.g. copy of the baggage tags, PIR, booking confirmation and receipts.
Under the Montreal Convention you can claim up to 1,131 SDR if your checked baggage is damaged or destroyed, although this amount is not awarded automatically and you may be required to prove the extent of the loss, e.g. receipts for damaged items. We recommend the following steps:
Inspect your checked baggage on collection and, if damaged, complete a Property Irregularity Report (PIR) at the relevant baggage claims desk, typically located in the baggage reclaim area. The PIR must indicate the damages observed. Please note that receipt by the person entitled to delivery of checked baggage without complaint is prima facie evidence that the same has been delivered in good condition.
Keep your boarding card, the baggage tags and a copy of the PIR. Gather evidence of damage - e.g. take photographs, confirmation from an independent source stating that the baggage is damaged beyond repair or an estimate for repairs. Receipts for any items damaged or destroyed are also useful.
Timely notice of complaints
Under the Montreal Convention you only have 7 days from the date of the receipt of the damaged luggage to submit a written claim for compensation. Remember to keep a copy of your letter for your records and to enclose copies of the relevant documentation, e.g. copy of the baggage tags, PIR, booking confirmation and receipts.
Unless the airline admits the loss of the checked baggage at an earlier stage, checked baggage is considered 'lost' if it has not arrived at the end of 21 days from the date it was supposed to have arrived. You can then write to the airline to claim compensation. You have to prove the extend of the loss, up to 1,131 SDR.
In order to avoid unnecessary delays, we recommend you to enclose with your letter copies of your booking confirmation, boarding card, baggage tags, PIR a list of contains and supportive receipts for the items lost.
Please note that there is a limitation period under the Montreal Convention within which claims must be brought. This period is two years.
You should always read the relevant terms and conditions of carriage to ascertain the applicable baggage restrictions. Most air carriers decline responsibility for valuable items such as jewellery and electrical goods carried as checked baggage. In order to avoid disappointment if something goes wrong, you should take sensible precautions when flying (e.g. carry valuable goods in your hand luggage if at all possible or consider taking out insurance that provides for adequate cover on the specific items).
You can also benefit from a higher liability limit, upon payment of the applicable fee by making a special declaration of interest in delivery. The tariff is available to passengers on request.
Commission for Aviation Regulation
If you have a query or a complaint regarding the cancellation of a flight, denied boarding, long delay or persons with reduced mobility.
National Consumer Agency
If you have other type of queries or complaints involving an Irish airline.
Small Claims Procedure
If the matter is not resolved amicably, you can consider this procedure if your claim does not exceed 2,000 euro.
European Commission's Directorate-General for Transport
If you want to learn more about EU policies in this sector.
Your Europe Portal - Travel
If you want to learn more about your travel rights.
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