New year in Ireland brings with it short, and often rainy, days. It’s no wonder so many of us start dreaming of our summer holidays.
When planning trips away, it’s good to know what rights you have if things go wrong with your flights.
What are your rights if your flight is delayed, cancelled or you are denied boarding?
You have clear rights under Regulation (EC) No 261/2004 , which establishes common rules on compensation and assistance to passengers.
My flight was cancelled by the airline; what are my rights?
If your flight is cancelled, the airline must offer you a choice between another flight or a full refund. If you are waiting for your replacement flight at the airport, the airline must also offer you free care including meals and refreshments, telephone calls, hotel accommodation and transport between the airport and the hotel. If you choose a refund, it should happen within seven days of the cancellation of your flight. For more information visit Cancellation – European Consumer Centre Ireland.
You may also be entitled to compensation if you were given less than 14 days’ notice before your flight was due to take off.
When you are entitled to compensation, the amount is determined by the distance of the flight. This breaks down as follows:
- €250 per passenger for all flights of 1,500km or less
- €400 per passenger for all flights within the EU/EEA of more than 1,500km, and for all other flights between 1,500km and 3,500km
- €600 per passenger for all other flights of over 3,500km
ECC Ireland has a letter template you can use to help make your claim to the airline.
For more information on air travel compensation, visit Compensation – European Consumer Centre Ireland.
My flight was delayed by two hours; what are my rights?
If your flight is delayed by two hours or more, the airline has to provide care during your wait. This means the airline must provide:
- Meals and refreshments, or vouchers to purchase them
- Two telephone calls or e-mail messages
- Hotel accommodation if your flight now leaves the next day
- Transport between the airport and the hotel accommodation if you are entitled to hotel accomodation
If your flight delay results in arriving at your destination more than three hours later than planned, this is considered the same as a cancellation under EU law, with the same financial compensation rules applying as for cancellations. However, if your flight has been delayed by two hours or more due to extraordinary circumstances outside of the airline’s control, you may be entitled to receive care from the airline but not entitled to claim compensation.
ECC Ireland also has a letter template for writing to your airline regarding delayed flight compensation.
For more information, visit Delay – European Consumer Centre Ireland.
Do my rights differ when booking through a third-party – like an online booking platform?
While third-party booking platforms such as e-Dreams or SkyScanner offer deals for cheaper flights, a passenger’s contract and rights are with the airline operating the flight, and any claims should be made directly to the airline involved.
If you have booked a single flight through a third-party, your general passenger rights remain the same. However, booking multiple flights via a third-party platform usually means each flight is treated as a separate booking, with separate contracts.
For example, if a return flight is booked in this way and the outbound flight is cancelled, you will not be able to claim a refund or compensation for the return flight as this is a separate contract.
If you book a series of flights separately and one of your flights is cancelled with the result that you miss a connection, you will not be able to make a claim regarding the missed flight because of the cancelled one. Bookings made separately are separate contracts and, under the terms of the Regulation, you can only seek a refund for the cancelled flight.
Under EU law, you have booked ‘connecting flights’ if you:
- Booked all flights at the same time as part of a single booking
- Booked the flights through the same airline or travel agency*
- Were able to check in to all flights at the same time
*It is important to be aware that some booking websites are intermediaries, rather than travel agents. These merely facilitate the booking, which means they may not provide the same protections for missed connections. You should always check the terms and conditions of your booking to see where the responsibility lies in case of a cancellation or delay.
What about a flight booked as part of a package holiday? Are my rights the same if something goes wrong?
Legal rights for package holidays exist in addition to EU passenger rights outlined above. So, if a flight within a package is delayed or cancelled, your usual passenger rights apply. Additionally, as the travel organiser of a package holiday offers these components as a package, they are required to offer assistance and remedies under package travel rules. For more information visit Package travel – European Consumer Centre Ireland.
For a full list of letter templates, visit Letter Templates – European Consumer Centre Ireland.
For more information on your travel rights and what to do if things go wrong, visit the Competition and Consumer Protection Commission (CCPC) website.