Air Passenger Rights: - European Commission - Europa

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which has caused consumers seeking assistance
from ECC Net most problems.
What the Regulation says:
Delay
Regulation 261/2004 in general states that in the
event of delay of over two hours, a passenger is
entitled to refreshments and telephone calls. Once
the delay is over 5 hours or overnight, passengers
are in addition entitled to hotel accommodation and
refund of their ticket if they decide not to travel.
Cancellation
Regulation 261/2004 in general states that in the
event of cancellation of a flight by the air carrier
within 14 days of the due departure date, a
consumer is entitled to a refund of the ticket not
used, rerouting and a set level of compensation
depending on the length of the flight.
Please note that the information given above is
not a full reflection of a consumer's rights under
261/2004 but rather an indication only, for the
purposes of this summary of problems consumers
have experienced.
Problems
The ECC network is aware of a great deal of
confusion amongst consumers about exactly what
their rights are in relation to the EU Regulation
in the event of delay or cancellation.
Many consumers feel that they are entitled to
compensation in the event of delay as well as
cancellation. The rules are complicated and can
be difficult to put succinctly into leaflets and
factsheet, as the Commission found out 17 .
As an MEP wrote to the UK ECC :-
17 The Commission has acknowledged that the leaflet referred to was inaccurate and will be amended.
“The constituent in question suffered a 10 hour
delay on an Air Malta flight from Tenerife in late
March this year. Once he finally arrived back home,
he obtained a copy of the European Commission’s
‘Air Passenger Rights’ leaflet. In the section
entitled ‘long delays’, he noticed that as well as
providing meals and refreshments, “when the
delay is 5 hours or more, the airline must also
offer to refund your ticket…” Convinced he was
entitled to compensation, my constituent got in
contact with Air Malta.
Much to his surprise, he received a reply from the
airline refusing to compensate him. He subsequently
discovered, after approaching his local CAB that
the ticket refund requirement in the new regulation
only applies “if the passenger decides not to travel”.
Of course, no mention of this proviso appears in
the Commission’s information leaflet.”
The following case also involves a problem with the
same leaflet, and also highlights a further difficulty
with the legislation i.e. when does a delay become
a cancellation? Many consumers seeking ECC
assistance feel that a delay of more than 12 or 24
hours certainly constitutes a cancellation. The
distinction is important as it can mean the difference
between receiving assistance with refreshments
or receiving a lump sum level of compensation.
Client was delayed for 29 hours. He had written to
the carrier seeking a refund of his ticket based on
his reading of an EU air passenger rights leaflet
under the heading long delays “it states when the
delay is 5 hours or more, the airline must also
offer to refund your ticket”. The air carrier had
correctly pointed out that he had travelled back
with the carrier and so no refund was due.