Air Passenger Rights: - European Commission - Europa

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General consumer confusion about the Regulation,
together with lack of assistance at airports, is
summed up in one query sent to the UK ECC:
“I am somewhat confused about whether I can claim
for compensation, under EU Regulation 261/2004,
for the 5 hour + flight delay I endured on Saturday.
My flight should have departed at 02.10 and we
finally boarded at 07.30 after arriving at Tenerife
South at 23.30 on the Friday. All I received was
a voucher for 6 euros (not enough to purchase a
sandwich and hot drink). There was no offer of
communication assistance, or assistance of any sort.
I understood from posters at the airport that I
would be able to obtain a refund for the flight,
but after looking at some information re the
above regulation I am not so sure.”
A further example of an air carrier not providing
full information nor carrying out the full obligations
imposed by 261/2004 is from a UK based passenger
of an Irish based air carrier :-
“As OAP’s in our mid seventies we were surprised
and upset to find no advice or assistance from staff
to find our way back to Manchester airport when our
return flight was cancelled at the last minute. All
compatible flights were gone when we were told the
flight was cancelled and the next one would be a week
later. As we could not stay in Spain another week we
took a flight to Prestwick which was the only flight
available back to the UK. We were not given any help
on arriving at a cold and deserted airport and had
to spend the night on benches until 5.30am when
we caught the first available train to Glasgow central
station and consequently a coach to Manchester.
On arriving at Manchester we telephoned a neighbour
who came to Manchester to collect us. A
two and a half hour maximum journey took us 22
hours and we arrived home much traumatized.”
Recommendations
• Large sections of EU Regulation 261/2004
should be more clearly defined and
simplified where possible
• Delays of over 24 hours should be defined
as a cancellation within the Regulation
• In the event of delay, and where an air
carrier does not provide refreshments and
assistance as laid down in 261/2004, there
should be a penalty payment levied on the
carrier by the Enforcement Body to prevent
some air carriers trying to avoid their
obligations; for example, by asking passengers
to write in with receipts to claim payment.
• Article 14 of the Regulation imparts an
obligation on air carriers to inform passengers
of their rights in terms of a notice at checkin
and to give individual notices to passengers
in the event of cancellation/delay or denied
boarding. ECC Net experience is that this is
not happening consistently, and yet no action
is being taken against the air carriers.
Penalty fines against the air carriers who
breach this Regulation might encourage
greater compliance with the law.