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Protection for Airline Passengers - Regulation 261/2004/EC
Do I have rights if my flight is cancelled or delayed or I am denied
boarding because of overbooking?
Under EU law, Regulation 261/2004/EC  (“the Regulation”),
you have rights where your flight is cancelled or delayed or you are denied
boarding. However, the protection afforded by the Regulation is available only
under certain defined conditions.
Are there limits on where and when the Regulation provides protection for
me as an airline passenger?
The Regulation (Article 3.1) applies to all passengers departing from an
airport in a Member State and to all passengers departing from an airport in a
country outside the EU to an airport in the EU where the operating air carrier
is a Community air carrier.
Example
Thomas is travelling to Ireland with an Aer Lingus flight from Newark
Airport in the USA. He has just learned that his flight has been
cancelled. He has rights under the Regulation. Contrast his situation
with that of Tina who is travelling from the same airport to Ireland with an
American airline which is not a Community carrier. She does not have
rights under the Regulation.
What is a Community carrier?
A Community carrier is an airline licensed in a Member State of the EU
(Article 2)
If a third country airport authority provides assistance on a delay or
cancellation, does this preclude me from availing of my rights under the
Regulation?
Yes. Article 3.1.b of the Regulation provides that if passengers
already received assistance in the third country, they are not eligible for
further assistance from the airline concerned.
Example
Sam is travelling from Istanbul to Dublin and the flight is
cancelled. He has received assistance in the form of vouchers and
accommodation in Istanbul from the airport authority there. Therefore, he
does not have a right to claim protection under the Regulation.
Do I, as an airline passenger, have any obligations in order to be able to
rely on the Regulation?
Yes. Under Article 3.2, in order to be able to rely on the Regulation,
passengers must have a confirmed reservation on the flight concerned and,
except where a cancellation has been notified in advance, should present
themselves for check-in as stipulated and at the time indicated in advance, or
if no time is indicated, not later than 45 minutes before the published
departure time.
Example
Paula has booked an Aer Lingus flight to Dublin from Brussels. The
ticket states that she must check in at least two hours before the scheduled
departure of her flight. She arrived one hour before the scheduled
departure and is denied boarding as the airline has allocated her seat to
someone else. She will be precluded from the right to rely on the
Regulation as she did not comply with the conditions upon which her ticket was
issued.
It is important to note that there is an exception in relation to
pre-notified cancellations of flights where the passenger is not required to
present at check-in at the prescribed time in order to be able to avail of the
protections set out in the Regulation. This means that if you plan to
travel to Paris from Dublin by air and you receive a text from the carrier that
the flight is cancelled due to the presence of volcanic ash and recommending
that you do not present at the airport at the appointed time for your flight,
you will retain your rights under the Regulation even though you do not present
at the airport.
Example
Lucy is booked on a flight from Shannon airport to Paris tomorrow.
She hears on the news that all flights are grounded from 7am until 7pm
tomorrow. In addition, she receives a text from the airline advising her
of the disruption and the consequent cancellation of the flight. The news
report recommends that intending passengers with flights during the period
stated should not arrive at the airport. The text from the airline echoes this
advice. She can still avail of the protection afforded by the Regulation
even though she did not present at the airport.
How can I enforce my rights under the Regulation?
Article 16 of the Regulation provides that each Member State shall designate
a body responsible for the enforcement of the Regulation. In Ireland, this
body is the Commission for Aviation
Regulation.
If you believe that your rights under the Regulation have been infringed,
you can complain to any national designated body about the alleged infringement
at any airport situated on the territory of that Member State or concerning any
flight from a third country to an airport situated on that territory.
Example
Ruth is flying from Rennes in France to Dublin. Her flight is cancelled
and she receives no assistance from the airline. She wants to complain.
She does not speak French fluently and is nervous of submitting her complaint
in French. Under the Regulation, she has two choices. She can complain to the
French designated body - Direction Générale de L'aviation Civile (DGAC),
Direction du Transport Aérien, Mission du Droit des Passagers, Bureau des
Passagers Aériens, 50 Rue Henry Farman, FR-75720 Paris Cedex 15. Tel.: +33
1 58.09.39.79. Fax: +33 1 58.09.38.45.
For her convenience, she can also submit her complaint to the Irish Commission for Aviation
Regulation. However, the Irish Commission for Aviation Regulation will
forward the complaint to the French designated body which will investigate the
complaint.
Details of all designated bodies can be found on this webpage of the Commission for Aviation Regulation.
Advice and assistance may also be obtained through your local European
Consumer Centre. There is a European Consumer Centre in every Member
State as well as in Iceland and Norway. Contact details can be located on
the following website: http://ec.europa.eu/consumers/citizen/my_holidays/index_en.htm
For more information on your rights see http://apr.europa.eu
The EU Top 12 Recommendations for
Passengers
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Information to passengers
Does the airline have an obligation to inform passengers of their rights
under the Regulation?
Yes. Article 14 of the Regulation provides that a clearly legible
notice should be displayed at check-in advising passengers that if they are
denied boarding or if their flights are cancelled or delayed for at least two
hours, they should ask at the check-in gate or boarding gate for a text stating
their rights particularly with regard to compensation and assistance.
An airline denying boarding or cancelling a flight should provide each
passenger with a written notice setting out the rules for compensation and
assistance. It should also provide each passenger affected by a delay of
at least two hours with an equivalent notice. The contact details of the
enforcement authority in the Member State should also be provided to the
passenger in written form.
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Flight delays - air passenger rights
What are my rights if my flight is delayed?
Article 6 of the Regulation sets out the rights of passengers where a flight
is delayed. Where the airline reasonably expects a flight to be delayed
beyond the scheduled time for departure, passengers are entitled to meals and
refreshments in reasonable relation to the waiting time and two free telephone
calls or emails or faxes. The point at which these rights are activated
depends on the length of the delay and distance of the flight as follows:
- for two hours or
more in the case of flights of 1,500km or less;
- for three hours or more
in the case of intra-Community flights of more than 1,500km and of all
other flights between 1,500 and 3,000km;
- for four hours or more
in the case of flights not within the above categories
Where the reasonably expected time of departure is at least the day after
the time of departure previously announced, passengers are entitled to hotel
accommodation where an overnight stay becomes necessary and transport between
the airport and that accommodation.
Example
Mark plans to travel from Dublin to Heathrow but his flight has been
delayed for three hours. He is entitled to two faxes, telephone calls or
emails and to meals and drinks reasonable to the length of the delay e.g.
coffee and a muffin or sandwich. Contrast his situation with that of Mary
whose flight to New York scheduled to depart at 10pm has been delayed until 7am
the following day. Mary is entitled also to the telephone calls etc. and
to the meals and drinks reasonable to the length of her delay. In her
case, she should be granted something more substantial than coffee and a
muffin. In addition, she is entitled to hotel accommodation and to
transfers between the accommodation and the airport.
Where the delay is five hours or more, passengers are entitled to a choice
between reimbursement of the full cost of the flight ticket for the parts of
the journey not made and for the parts of the journey made, if the flight no
longer serves any purpose in relation to the travel plans of the passenger,
together with, when relevant, a return flight to the first point of departure
at the earliest opportunity.
Examples
Flight from Cork to Paris
Lisa is travelling from Cork to Paris, return. Her flight is delayed
for six hours. She decides not to travel. She should ask the airline
to cancel her reservation and will receive a refund within seven days. The
airline has no further obligation to Lisa when she cancels the flight.
Flight from Dublin to London and then to Dubai:
Ronan is travelling from Dublin to London and then on to Dubai,
return. If his flight from Dublin is delayed for longer than five hours,
and he cancels the onward flights, he is entitled to refund of his tickets
within seven days. If the flight from London is delayed for longer than
five hours, he can claim a refund together with a flight back to
Dublin.
Is the passenger entitled to any monetary compensation in the event of a
delay?
Not unless the delay exceeds three hours and then only in limited
circumstances. The Court of Justice of the EU ruled on 19th
November 2009 in the joined cases of Sturgeon v Condor Flugdienst GmbH and Bock
and others v Air France SA C-402 and 423/07 that compensation may be payable as
if the flight was cancelled where the resulting delay is longer than three
hours. However, compensation will not be payable if 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.
What if the airline does not provide assistance when the flight is delayed?
Is the passenger entitled to claim reimbursement of any drinks and food and
telephone calls from the airline?
The Regulation is silent on this. However, it would be contrary to the
spirit and purpose of the Regulation for the airline to refuse to reimburse
reasonable expenditure for items it should have provided under the
Regulation. It is important to have regard to the word ”reasonable”
here. Even if the airline does not observe it’s obligations in offering
you the assistance it should under the Regulation, this does not mean that you
should expect to be reimbursed for a five course dinner in the event of a three
hour delay.
If the airline does not provide you with the assistance provided for under
the Regulation, you should go to the check in area or the boarding desk of the
airline and request written notice of your rights in accordance with Article 14
of the Regulation. If this is refused or there is still no attempt by the
airline to offer any assistance, you should ensure that you keep all receipts
for food and drinks and calls for presentation to the airline on your return or
for forwarding to the Commission for Aviation Regulation to notify the
Commission of the infringement or for production in the Small Claims Court if
you decide to take legal action to recover your costs.
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Flight cancellations - air passenger rights
What are my rights if my flight is cancelled?
Article 5 of the Regulation sets out the assistance available to passengers
where a flight is cancelled. Where a flight is cancelled, passengers are
entitled to reimbursement of the full cost of their tickets for the parts of
the journey not made and for the parts already made if the flight is no longer
serving any purpose in relation to the passenger’s original travel plan
together with, where relevant, a return flight to the first point of departure
at the earliest opportunity or re-routing to their final destination at the
earliest opportunity or re-routing at the convenience of the passenger to the
final destination subject to availability of seats.
In addition, passengers are entitled to meals and refreshments reasonable to
the waiting time and two telephone calls or faxes or emails. If the re-routing
is the day after the planned flight, passengers are also entitled to hotel
accommodation where a stay of one or more nights becomes necessary or where a
stay additional to that intended by the passenger becomes
necessary. Transport should be provided between the hotel and the
airport.
By contrast with rights on a delay, passengers on a cancellation are also
entitled to monetary compensation. The amounts vary according to the distance
of the flights. Passengers should receive 250 euros where the cancelled
flight is for 1,500km or less; 400 euros where the cancelled intra Community
flight is for more than 1,500 km or is a non intra-Community flight for 1,500
to 3,500km and 600 euros for all other flights.
These amounts may be reduced by 50% where passengers are offered re-routing
and the arrival time is no more than four hours than the scheduled arrival time
of the flight originally booked.
Is there any time limit during which a reimbursement of a flight should be
paid?
Article 8.1 provides that re-imbursement of the flight and compensation
payments provided for the in the Regulation should be made within seven days by
cash, electronic bank transfer, bank orders or bank cheques or, with the signed
agreement of the passenger, in travel vouchers and/or other services.
How can I calculate the flight distances?
The following website should be of assistance in calculating the flight
distances: http://airportcitycodes.com/calcform.aspx.
This compensation shall not be payable where the passenger has been notified
of the cancellation more than seven days before the date of departure or where
the notification is less than seven days, where the passenger departs no
earlier than one hour before the scheduled time and arrives no later than two
hours after the scheduled time at the final destination.
Examples
Cancellation more than 14 days before date of departure:
Hugh has received a text from his airline advising him that his flight in
16 days is cancelled. He does not have a right to compensation under the
Regulation but may seek a refund of his flight cost.
Cancellation between 7 and 14 days before date of departure:
Charles has received a text from his airline advising him that his flight
in 10 days is cancelled. He has a right to compensation as his flight was
cancelled between 7 and 14 days before his departure and his flight departs
more than two hours before the original scheduled time of departure and arrives
more than four hours after the original scheduled arrival time.
Cancellation less than 7 days before departure:
Bill has received a text from his airline advising him that this flight
in two days is cancelled. He has a right to compensation as his flight was
cancelled less than seven days before his departure and the new flight departs
more than one hour before the original time of departure and arrives more than
two hours after the original scheduled time.
Note that in the above examples, extraordinary circumstances do not
apply.
Is the airline obliged to pay compensation where the cancellation is beyond
the control of the airline?
Article 5.3 provides that the air carrier shall not be obliged to pay
compensation if it can prove that the cancellation is caused by extraordinary
circumstances which could not have been avoided even if all reasonable measures
had been taken. The Regulation gives the following examples of
extraordinary circumstances: political instability; bad weather; security
risks; unexpected flight safety shortcomings; strikes that affect the operation
of an air carrier and air traffic management decisions.
Could the presence of volcanic ash in the airspace be considered to be an
extraordinary circumstance within the meaning of Article 5.3?
This has yet to be ruled upon by the courts but it seems unlikely that the
courts would rule that the presence of volcanic ash is not an extraordinary
circumstance within the meaning of Article 5.3.
Examples
Paul planned to travel home to Dublin from Glasgow. He was notified
by text that his flight was grounded because of volcanic ash in the airspace
above Dublin. He is entitled to reimbursement of his ticket or re-routing at
the earliest opportunity or re-routing at his convenience. He is also
entitled to meals and drinks reasonable to the length of the delay occasioned
by the cancellation. He is entitled to two telephone calls or faxes or
emails. If the earliest re-routing will not take place until the
following day or week, he is entitled to hotel accommodation and transfers to
and from that accommodation and the airport until he is successfully re-routed.
He is not however entitled to the monetary compensation as it can be argued
that the cancellation has been caused by extraordinary circumstances which
could not have been avoided.
Contrast his situation with that of Dan who was also planning to travel
to Dublin from Glasgow on the same flight. Dan opted for reimbursement of
his flight cost and travelled home independently by hiring a car and taking a
ferry to Ireland. He has no automatic right to reimbursement of his costs
under the Regulation as his contract with the airline ended when he cancelled
his flight.
Can an airline always rely on “technical difficulties” to justify a
cancellation and refuse to pay compensation?
No. The Court of Justice of the EU ruled on this issue in December
2008 in the case of Wallentin Herman v Alitalia where it was held that
airlines may only refuse to pay compensation when a flight is cancelled due to
technical problems if the problem stems from events which, by their nature or
origin, are not inherent in the normal exercise of activity of the air carrier
concerned and are beyond it’s actual control.
What is the difference between a delay and a cancellation?
The Regulation defines cancellation in Article 2 as “the non-operation of a
flight which was previously planned and on which at least one place was
reserved”. The Regulation does not define delay nor does it provide that a
delay of a certain length constitutes a cancellation. For guidance, it is
suggested that any change in flight number coupled with a delay would
constitute a cancellation.
If I miss the first two days of my holiday because my flight has been
cancelled, can I claim the cost of the accommodation from the airline?
Under Article 14 of the Regulation, passengers who have not voluntarily
surrendered their seats (volunteers in denial of boarding) may make further
claims for compensation. Such claims would be made in the national
courts. In view of the amounts of money involved, most claims could be
taken before the Small Claims Court where the civil jurisdiction of the court
is for claims less than 2,000 euros.
Passengers should note that under the Montreal Convention, which governs
airline liability, an airline is liable for “damage occasioned by delay” up to
a limit of 4,150SDRs. (4,796 euros on 6th May 2010). However,
the airline will not be liable if it proves that it took all measures that
could reasonably be required to avoid the damage or that it was impossible for
it to take such measures. If the cancellation was due, for example to
technical difficulties which were inherent in the normal exercise of activity
of the airline, arguably, a claim could successfully be made for costs of
accommodation not taken up. By contrast, if the cancellation is due to the
presence of volcanic ash in the airspace, the airline would probably not be
liable under the Montreal Convention.
Example
Pat and his wife, Maureen, planned to fly from Dublin to London to
celebrate their wedding anniversary. They had booked a luxury hotel for
the two nights they planned to spend in London. On the eve of their
departure, the flight was cancelled. The hotel charged them full price
for the first night as the notice was too short to obtain a refund. The
airline has refused to honour the cost of the hotel despite the fact that Pat
and Maureen returned home to their house in Dublin while awaiting news whether
the flight would take off or not and did not cost the airline the overnight
accommodation to which they would have been entitled. They tried to claim
the cost from their insurance but soon discovered that this was not
covered. They now propose to take the airline to court to reclaim the
cost of the hotel accommodation which amounted to 500 euros.
This is an action which Pat and Maureen can bring themselves, without the
intervention of a solicitor before the Small Claims Court in Ireland as the
value of the claim is less than 2,000 euros. Further details on the Small
Claims Court can be obtained from the following website:
http://www.courts.ie/Courts.ie/Library3.nsf/pagecurrent/C9A6DFDC008962218025721B00553F3B?opendocument&l=eny
However, before commencing this procedure, Pat and Maureen should
consider their chances of success. Unfair as the financial loss to them
may appear, the airline will not be liable if it proves that it took all
measures that could reasonably be required to avoid the damage or that it was
impossible for it to take such measures.
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Flight cancellations and package holidays
What if I have travelled on a package holiday and my flight is cancelled,
what are my rights?
If your cancelled flight has been purchased as part of a package holiday,
you have more extended rights under the Package Travel Directive 90/314/EEC.
You have a right to a refund for the entire package including the flight and
the accommodation and assistance if you are stranded.
The Directive is designed to protect consumers who contract package travel
in the EU. It covers the sale of a pre-arranged combination: Consumers are
covered where, at least, two of these elements are sold or offered for sale at
an inclusive price and the service covers a period of more than twenty-four
hours or includes over-night accommodation.
The Directive contains rules concerning the liability of package organisers
and retailers, who must accept responsibility for the performance of the
services offered. There are some exceptions, for example cases of "force
majeure", or similar circumstances which could be neither foreseen nor
overcome. However, even in these cases the organiser must use his best
endeavours to help consumers.
The Directive also prescribes rules on the information that must be given to
consumers at different points in time. It contains specific requirements with
regard to the content of brochures, where these are issued. For example, any
brochure made available to consumers must indicate clearly and accurately the
price, destination, itinerary and the means of transport used, type of
accommodation, meal plan, passport and visa requirements, health formalities,
timetable for payment and the deadline for informing consumers in the event of
cancellation.
Consumers are entitled to cancel the contract if the organiser seeks to
change the essential elements of the arrangements agreed. During the 20 days
prior to departure the price stated in the contract cannot be increased.
There are provisions specifying the consumers' rights if, after departure, a
significant proportion of the services contracted for is not provided or the
organiser and/or retailer fail to perform in line with his obligations arising
from the contract.
The Directive also contains provisions on the security to be provided by
operators and covering repayment of the price and repatriation of consumers in
the event of the operator's insolvency.
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Travel insurance
To what extent is my travel insurance company liable for travel losses I
incur as a result of the closure of airspace due to volcanic ash?
This is a matter of contract between the insurance company and
yourself. You will have to read the terms of your insurance policy.
Some insurance companies have refused to pay for losses because the event is
excluded from their policy either as a natural disaster or because it is not
specifically included in the cover. It remains to be seen whether actions
before the courts will provide clarification in relation to the liability of
insurance companies during this volcanic ash period.
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Denial of boarding
What does denial of boarding mean?
Denial of boarding is defined in Article 2 as a refusal to carry passengers
on a flight although they have presented themselves for boarding under the
conditions laid down except where there are reasonable grounds to deny them
boarding, such as reasons of health, safety or security, or inadequate travel
documentation.
Denial of Boarding is dealt with under Article 4 of the
Regulation. When an airline reasonably expects to deny boarding on a
flight, it shall first call for volunteers to surrender their reservations in
exchange for benefits to be agreed between the passenger concerned and the
airline. If an insufficient number of volunteers come forward to allow the
remaining passengers to board the flight, the airline may deny boarding to
passengers against their will.
Example.
Rachel arrives to check in for her flight from Sligo to Dublin. She
is on time. A call is made for volunteers to surrender their seats on the
flight and travel on the later flight as the flight has been overbooked. Only
two passengers go forward. Rachel is then selected by the crew to wait for the
next flight. She has rights under the Regulation. Contrast this with the
situation where Rachel arrives at the airport without any photographic
identification and is denied boarding. In the latter situation, she does
not have any entitlement to assistance under the Regulation
What is the assistance offered to passengers who are denied boarding
against their will?
Passengers who are denied boarding against their will have the same
entitlements as those whose flights have been cancelled. Passengers are
entitled to reimbursement of the full cost of their tickets for the parts of
the journey not made and for the parts already made if the flight is no longer
serving any purpose in relation to the passenger’s original travel plan
together with, where relevant, a return flight to the first point of departure
at the earliest opportunity or re-routing to their final destination at the
earliest opportunity or re-routing at the convenience of the passenger to the
final destination subject to availability of seats.
In addition, passengers are entitled to meals and refreshments reasonable to
the waiting time and two telephone calls or faxes or emails. If the re-routing
is the day after the planned flight, passengers are also entitled to hotel
accommodation where a stay of one or more nights becomes necessary or where a
stay additional to that intended by the passenger becomes
necessary. Transport should be provided between the hotel and the
airport.
Passengers are also entitled to monetary compensation. The amounts vary
according to the distance of the flights. Passengers should receive 250
euros where the flight is for 1,500km or less; 400 euros where the intra
Community flight is for more than 1,500 km or is a non intra-Community flight
for 1,500 to 3,500km and 600 euros for all other flights.
These amounts may be reduced by 50% where passengers are offered re-routing
and the arrival time is no more than four hours than the scheduled arrival time
of the flight originally booked.
Can the airline include a term in its terms and conditions which excludes
the operation of the Regulation?
No. This is clearly set out in Article 15 of the Regulation.
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Air travel for those with reduced mobility or special needs
Are there any special concessions under the Regulation for those with
reduced mobility or special needs?
Yes. Article 11 of the Regulation provides that operating carriers
should give priority to carrying persons with reduced mobility and persons or
credited service dogs accompanying them and to unaccompanied children.
Where such persons are subject to delays or cancellation or denial of
boarding, they should have a right to assistance under the Regulation as soon
as possible.
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Luggage
If my luggage is lost or delayed, what are my rights?
The Montreal Convention deals with lost or delayed luggage. Under this
Convention, the maximum liability of the airline in the event of lost or
delayed luggage is limited to 1,000 Special Drawing Rights (SDRs) per
passenger. The value of a SDR will vary each day and is linked to exchange
rates. To give an idea of its value, 1 euro equaled approximately 0.85 SDR on
6th May 2010.
This limit of 1,000 SDRs was confirmed in a decision of the Court of Justice
of the EU on 6th May, Walz v Clickair SA, in which the Court
declared that this limit of 1,000SDRs (1134.71 euros) must be interpreted as
including both material and non-material damage.
If your luggage is delayed for less than twenty-one days, it is important to
be aware that there are no set regulations stating the compensation payments
for delayed luggage. Most airlines take the view that once your bag has turned
up you will have future use of the contents and refuse to make any compensation
payments.
Some airlines offer immediate one-off cash payments at a set amount to cover
emergency purchases until the delayed bag is delivered. Others will pay a set
amount per day, up to a maximum number of days.
Other airlines do not make immediate cash payments, but prefer to reimburse
a passenger’s expenditure on essential purchases and will often therefore
insist on seeing receipts.
If your bag has still not been returned to you more than 21 days after your
flight, the airline should treat it as lost and settle your claim on that
basis.
Example
Ann flew from Dublin to La Rochelle with the girls for a five day
break. Unfortunately, her luggage did not appear on the carousel in the
baggage hall and she was advised by the airline that they would try to trace it
and would return it to her at the earliest opportunity. Ann spent the five
days waiting for her luggage to be returned but did not receive it while in
France. It was eventually returned to her home seven days after it had first
disappeared. She submitted a claim in the sum of 500 euros which she considered
to be reasonable to cover necessary expenditure while in France. The airline
offered 30 euros to settle the claim on the basis that the luggage had simply
been delayed and was not missing.
It is important for Ann to be aware that while the Montreal Convention
provides that the maximum claim she can make is for 1,000SDRs, there is no
guarantee that she will be successful if she takes a claim against the airline
before the Small Claims Court for the difference between her claim and the
payment offered by the airline, as there are no clear rules on liability for
delayed baggage.
What if the luggage is lost?
The Montreal Convention requires airlines to
treat a bag as lost after twenty-one days. In assessing your claim, an airline
may request an inventory of the items that were in the missing bag, and may
also ask for original receipts. The maximum liability of the airline will
be 1,000SDRs.
Is it possible to make a claim on my home or travel insurance?
You may find you can get a better settlement from your travel or home
contents insurance even after allowing for any excess on the policy.
Your insurer will want evidence of the loss or damage. This may mean making
a report to the local police, which should be done within 24 hours, if
possible. If you have to replace any essential items that are lost, for example
toiletries or clothing, make sure you ask for receipts, as you will probably
need to provide your insurer with copies. Ask for receipts for any essential
services that you need to pay for as well.
Are there any procedures to be followed to ensure that my claim for lost or
delayed luggage is dealt with?
When you report a baggage problem at the airport, the airline or agent
(there will not be separate service desks for every airline) should make out a
Property Irregularity Report (PIR) and give you a copy. Your airline will want
to see the PIR when making a claim. But it is not a legal requirement to have a
PIR and an airline should not simply dismiss your claim without one.
The PIR does not itself constitute a formal claim. You will need to
write to the airline, within certain time limits (see below), enclosing a copy
of the PIR.
You may receive some money at this point for emergency purchases, although
the amounts and rates can differ from one airline to another. If you have to
make more purchases during this time, keep your receipts to add to your
claim.
Are there any time limits to make a claim?
The Montreal Convention states that claims
should be made to an airline in writing within specified time limits. The time
limits are:
- damaged baggage – seven days from the
receipt of the bags
- delayed baggage – twenty-one days from
delivery
- lost baggage – no time limit specified
in the Convention but we advise making a written complaint as soon as possible
after the bag has been missing for twenty-one days. Keep a copy of the
complaint.
What if the luggage is damaged or items go missing from my luggage?
Where luggage is damaged, an air carrier will often ask for a written
estimate for the cost of repairing the luggage.
In the event of any items going missing from luggage, it can be very
difficult to get any compensation, often because it is almost impossible to
prove that the items were there in the first place.
What if I have a general complaint whether about luggage or not in relation
to my air travel?
If you have a problem and need to complain:
- Try to speak to someone on the spot.
They might be able to sort out your problem straight away.
- If you are still not happy, try to
find out who is responsible for what went wrong. (It may not be the
airline).
- Make a note of staff names, times and
any other relevant information. It might be useful, too, to ask for the names
and addresses of other passengers who saw what went wrong.
- Put your complaint in a letter.
Briefly explain what went wrong. Say what you expect to be done about your
complaint. If you want compensation, say so, and say how much you expect.
- Be reasonable and stick to the facts.
Address your letter to the customer relations department of the organisation
whose services you are complaining about.
- If you are not satisfied with the
response from the customer relations department, take your complaint to a
higher authority. You may wish to discuss your situation with the
European Consumer Centre and do not rule out bringing a claim before the Small
Claims Court.
- Keep copies of all correspondence.
Send copies of tickets or receipts with your first letter of complaint.
Keep the originals until you have a promise of a refund in writing
(unless you can go to the travel agent or airline office yourself, and get the
refund there and then).
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Liquids on Flights
What are the current rules regarding liquids on flights?
Only containers of 100mls or less of liquids, gels, pastes, lotions and
cosmetics may be brought through the passenger screening points at all European
Union airports. In addition, these items must be presented at the
passenger security screening point in a transparent, re-sealable bag of no more
than one litre capacity i.e. 20cmx20cm.
The rules apply to liquids such as water and other beverages, aerosol cans
and toiletries such as toothpaste, shaving cream, hair gel, lip gloss and
creams.
There are two exceptions to the rules: baby food needed during the flight
and medicines needed during the flight. These exempt items must be placed
in a separate transparent re-sealable bag and presented separately at the
passenger security screening area.
Example
Dot is a diabetic. She plans to travel from Knock to
Lanzarote. She wants to know how to pack her insulin as she may require
this on board during the four hour flight.
Dot should pack two transparent re-sealable bags of no more than one
litre capacity. One should contain any lotions or gels or cosmetics in
containers of 100mls or less which she proposes to carry in her hand
luggage. The other bag should contain her insulin and be presented to the
security personnel during screening.
For further information on the restrictions on liquids on flights, you may
wish to browse the following website: http://ec.europa.eu/transport/air/security/security_en.htm
Are there plans to revise the law in this area?
Yes. The EU has announced a clear deadline of April 2013 for the
lifting of restrictions on liquids in cabin baggage. By this date, all EU
airports must have new screening equipment so that screened liquids can be
allowed in carry-on luggage.
In the meantime, from 29th April 2011, at the latest, duty free
liquids purchased at third country airports or on board third country airlines
and carried in tamper evident bags will be allowed as cabin baggage and will be
screened.
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