Air Passenger Rights: - European Commission - Europa

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5.5 Claims for expenses
In addition to the rights detailed above under
Regulation 261/2204 in respect of denied boarding,
downgrading, cancellation and delay, ECCs receive
a number of queries from passengers wanting to
know if they can claim for additional expenses they
have incurred as a result of the delay or cancellation
of the flight, rather than because they have been
denied boarding.
Claims for these additional expenses do not come
within the EU Regulation, but instead via the
Montreal Convention.
Under Article 19 of the Montreal Convention a
“carrier is liable for damage occasioned by delay
in the carriage of air passengers, baggage or cargo.
Nevertheless, the carrier shall not be liable for
damage occasioned by delay if it proves that it and
its servants and agents took all measures that
could reasonably be required to avoid the damage
or that it was impossible for it or them to make
such measures.”
The sorts of damages or expenses that may be
claimed in respect of a delay would be e.g., the
costs of accommodation or transportation if a
passenger missed their only connecting flight
because the arrival of their flight was delayed.
In 6% of the claims and disputes cases handled
by the ECC Net, the air carrier met all, or partly
met their 261/2004 responsibilities; but did not
meet a claim for the consequential
damages/expenses incurred.
“I was due to fly back from my holiday in Spain
on Tuesday. My partner and I were told our flight
had been cancelled due to strikes in France. The
airline offered us a refund or to travel on the next
available flight. The next flight back was on
Friday night – 3 days later. So we decided to fly
back to Liverpool on the Thursday as this was only
two days’ delay, although it would cost us a further
£50 to get back home. The air carrier offered us
no other help, and we were stranded at the airport
with no hotel and no transfers to anywhere. Are we
due any compensation from the airline, as this
resulted in a lot of stress and £500 additional costs
on accommodation, transfers, phone bills and food?”
An airline’s liability for delay is limited to 4150
Special Drawing Rights (approx €5,000 or
GB£3,407).
Many passengers will have rights under two pieces
of legislation, which adds to the confusion for
consumers. Several ECC’s commented that with
the introduction of Regulation 261/2004, many
airlines appear to “neglect their duties under the
Montreal Convention – as if it had ceased to exist”.
Just as under lost or damaged luggage claims,
consumers are not always aware of the importance
of keeping receipts of the expenses incurred, and so
therefore have problems seeking reimbursement
from the airline. In addition there is no enforcement
body for the Montreal Convention and so
the only way of enforcing rights under it, if there
is no ADR body, is via the courts, which in a
cross-border context can be impractical.