Knowing the complaints procedure to the airline company after being stranded at airports within the EU may prove invaluable if the passenger wishes to pursue compensation. This can only happen if he or she has proved that there has been a lack of care by the flight operator or travel agent. This will have special significance in situations such as the mass flight ban due to Iceland’s ash cloud.
Section 75 Protection for Holidays
Holiday makers are protected under section 75 if the holiday was purchased with a credit card, which means the credit card lender is liable to refund a cancelled holiday or if the airline company goes bust. Those who have purchased a package holiday are also protected. But what are flight passengers’ rights in other situations, when their travel has been disrupted and are left stranded in a foreign country?
Customer Complaint System in Airports
The Civil Aviation Authority (CAA) has set out clear guidelines on flight passengers’ rights at airports and how to complain if a duty of care has been disrespected. The following rights must be observed:
- If a flight has been cancelled at short notice, the flight operator must supply the passenger with refreshments such as food, drink, and when appropriate, accommodation.
- A flight ticket refund within seven days
- Help with getting the passenger to the destination via free alternative transport
- Entitlement to two telephone calls, alternatively, a means of texting or emailing.
What is the Scope of Regulations?
According to the Air Transport Users Council (AUC), a watchdog for airline companies, passengers may not have the same protection if flying outside the Scope of Regulations. The Scope of Regulations is any flight that occurs within certain areas of Europe which include the EU, the EAA or Switzerland. A list of the countries that fall within the Scope of Regulations can be found on the AUC website, a link of which can be found at the bottom of this article.
Rights of Passengers in Flight Ban
In order to pursue a claim for compensation after a flight cancellation, the passenger must prove that a lack of care has occurred, such as having no refreshments during long waits or having to sleep in floors overnight. The following guidelines will prove useful:
- Keep receipts of expenses to be claimed, such as the cost of flight tickets and transportation to the hotel accommodation. If they are to be sent in the post, keep copies. Each case will be judged on whether the passenger has reasonable grounds to claim. Extravagances such as a taxi across the country will not be recouped.
- It is a good idea to complain to the airline first. Following their guidelines as shown on their website will ensure the complaint will be taken seriously.
- Persistence is the key if no reply is forthcoming. Sometimes writing a second or third time will be necessary
- If this proves fruitless, the next step is to write to the AUC. The AUC offers advice for passengers who feel they have been mistreated by their airline company during a travel disruption
- When forwarding the complaint to the AUC, supply a copy of all letters sent to the airline company
Rights of the Disabled Flight Passenger
According to the AUC, a disabled flight passenger who has not experienced a duty of care by the airline company during a travel disruption may complain under the Regulations (EC) 261/2004 and (EC) 1107/2006. These outline how compensation can be claimed for disabled passengers who have been denied boarding, cancellation of a flight or delay.
The Equality and Human Rights Commission (EHRC) may also be contacted regarding the rights of disabled passengers suffering lack of care whilst stranded.
How Flight Passengers May Fight for Compensation
According to the AUC, the airline company is exempt from any further assistance to the flight passenger if:
- The passenger chose to receive a flight refund as soon as the flight cancellation occurred
- If the flight passenger opted to go on an alternative flight at the earliest opportunity
- If the passenger was informed about the flight cancellation before leaving home.
Passengers’ Rights When Stranded at Airports Within the EU
Suffering travel disruption can be stressful at the best of times, but a lack of care at the airport can turn an inconvenience into a nightmare, particularly if passengers find themselves sleeping on floors without refreshments or getting confused messages from the airline company. EU regulations outline how flight passengers who travel within the Scope of Regulations have basic rights in these situations.
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