Clarification

Cancelled flights, when compensation is due (and how much it is worth)

Compensation of up to €600 for flights cancelled with less than 14 days' notice, ticket reimbursement and assistance at the airport. This is what Regulation EC 261/2004 on air passenger rights in the European Union provides for

by Tommaso Ponzi

 ANSA

4' min read

Translated by AI
Versione italiana

4' min read

Translated by AI
Versione italiana

Since the beginning of the month more than 13,000 flights have been cancelled globally. Weighing in is the price of jet fuel, the price of which has doubled since the outbreak of the war in Iran, prompting airlines to cut less profitable flights.

According to Brussels there is no real paraffin shortage looming at the moment: the European Commission, in the new guidelines circulated to operators, therefore attributes the cancellations mainly to rising fuel costs.

Loading...

A detail that is far from marginal for passengers: in the absence of exceptional circumstances - which would include a possible unavailability of jet fuel - those who are not informed in time of the cancellation of their flight may be entitled not only to a refund of their ticket, but also to financial compensation of up to EUR 600. "Passengers affected by cancellations continue to benefit from their rights," the European Commission announced, adding that airlines cannot retroactively increase the price of airline tickets already purchased. This is what Regulation EC 261/2004 on air passenger rights in the European Union provides for.

When passenger rights apply

EU air passenger rights apply for all flights within the EU, regardless of the airline, but also flights departing from a member country to destinations outside Europe. It also includes flights arriving in the EU from third countries, provided they are operated by European carriers.

The system also extends to Iceland, Norway and Switzerland, as well as some outermost territories. Furthermore, EU passenger rights do not apply if you have already obtained benefits such as compensation, an alternative flight or assistance from the airline.

In common parlance we speak of a cancellation when a flight does not depart, but European legislation adopts a broader definition. Cancellations also include less obvious situations, such as an hour's earlier departure, return to the airport of departure after take-off or arrival at a different airport from the one scheduled.

Voli, Salvini: “A lavoro per evitare aumenti biglietti e garantire continuità di servizio”

The three options: what you can choose

In the event of flight cancellation, the decision is always up to the passenger. There are three options: obtaining a refund of the ticket - with a possible return to the point of departure -, being put on the first available flight or choosing a new departure date.

At the same time, if the cancellation occurs when the passenger is already at the airport, the airline is obliged to guarantee assistance while waiting for an alternative or return flight. This includes drinks, meals and, if necessary, overnight accommodation with transport to the hotel if the departure is postponed until the following day. In the absence of assistance, expenses incurred by the passenger - provided they are necessary, reasonable and documented - must be reimbursed. This is why it is essential to keep all receipts.

Compensation: when it is due and how much it is worth

The right to financial compensation is generally triggered when cancellation is communicated less than 14 days before departure. The amounts are standardised and depend on the distance of the flight: from EUR 250 for shorter routes up to EUR 600 for longer ones.

This is not, however, an automatic right. The company may avoid payment when the cancellation is due to unavoidable exceptional circumstances, such as extreme weather conditions, security problems or fuel shortages.

When compensation is not due or is reduced

There are situations in which compensation is not due. For example, if the passenger is informed more than 14 days in advance, or if an alternative solution is offered that allows for a limited delay in arriving at the destination.

If an alternative flight with a limited delay is accepted, the compensation can be reduced by up to 50%. This mechanism is designed to take into account the actual inconvenience suffered by the traveller.

Beware of complex bookings

Not all cases are equal, especially when it comes to tickets purchased separately. If outward and return journeys were booked with different companies and at different times, the refund only concerns the cancelled flight.

If, on the other hand, the entire trip is part of a single booking, the cancellation of the outward leg may entitle the traveller to a full refund or to an alternative solution for the entire itinerary, in addition to possible compensation.

Company obligations: what they must do (and what happens if they don't)

Airlines cannot unilaterally decide how to handle the situation. They must offer the passenger all options and respect his or her choice. If they fail to do so, they may also be obliged to reimburse any additional costs incurred by the traveller, e.g. to buy a new flight.

Similarly, if the company only offers a refund without an alternative, the passenger may be entitled to recover the difference in price against a new ticket purchased independently.

Consumer protection associations' comments

"Thanks to the clarifications of the EU, a clear concept is reaffirmed: those who have purchased an airline ticket cannot be asked at a later date for surcharges linked to the increase in fuel, as Community law provides that at the time of purchase of a travel ticket the consumer must be shown the final price including all charges, surcharges, taxes and costs," commented the Codacons in a note.

To obtain compensation, Altroconsumo explains, 'the request must be made directly to the airline', generally through forms on the websites of the main carriers, where the consumer enters his or her data and submits the application. At that point, they explain, 'the company replies yes or no' and, if the claim is accepted, 'the amount is credited to a current account or card'. If, on the other hand, the claim is rejected or does not find a solution, 'you have to go ahead with the litigation and the judgement'. Altroconsumo also points out that, in cases of cancellation not communicated in time and motivated by exceptional circumstances, "the burden of proof is always on the airline", which must concretely demonstrate the reasons for the disservice. The association also points out that "sometimes companies offer vouchers or partial compensation", but the consumer "is not obliged to accept them": in fact, "the right to monetary compensation remains guaranteed".

Copyright reserved ©
Loading...

Brand connect

Loading...

Newsletter

Notizie e approfondimenti sugli avvenimenti politici, economici e finanziari.

Iscriviti