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EC Regulation 261/2004 - The Air Passenger Rights Regulations

You will have rights under EC Regulation 261/2004 if your flight:

• Departs from an EU country* OR
• Arrives in an EU country* on an EU based carrier.    

* this also includes Iceland, Norway and Switzerland.

Flight Cancellations 

If your flight is cancelled you are entitled to the following;

Refund or re-routing

You will be given a choice between a refund of the ticket or of re-routing to your final destination. You are not entitled to reimbursement of any other components of your trip such as hotel and transfer costs.

Compensation 

If there is a delay in getting to your destination due to re-routing, compensation is owed at the following levels:

Assistance at the airport 

Free meals and refreshments as well as two free phone calls/emails/faxes should also be provided when waiting for the re-routed flights. In the event of re-routing when the flight is the next day free accommodation and transfer to and from that accommodation should be provided by the airline. 

The airline is not obliged to pay compensation if it can prove that the cancellation was caused by "extraordinary circumstances, which could not have been avoided even if all reasonable measures had been taken". Such extraordinary circumstances might occur "in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier".

Denied Boarding

An airline may refuse to allow you to board for various reasons and one of the major reasons is that they have overbooked your flight. Overbooking is a common industry practice and airlines do this as they rely on some passengers not showing up. When an airline overbooks, they initially ask for volunteers to not fly but will sometimes 'bump' people off a flight. If you are 'bumped' off a flight, you will be entitled to compensation and refund of the flight ticket/re-routing to your destination and assistance.

To be entitled to compensation three conditions need to be satisfied:

• You must have a valid ticket;

• You must have a confirmed reservation;

• You must have checked-in by the deadline given to you by the airline.

Flight Delays

If your flight has been delayed the airline may be obliged to provide assistance under EC Regulation 261/2004.  The length of delay and the distance of the flight will reflect the level of assistance provided. (Remember, these rights only apply to those passengers flying from an EU airport or from an airport outside the EU to an EU airport on an EU carrier).

 *If you decide not to travel you are entitled to a refund, within seven days, of the parts of the tickets not used. If it is a connecting flight and you have already made part of the journey and do not want to continue with it, reimbursement of the total price of the ticket (including parts of the journey not made if the flight is no longer serving any purpose in relation to your original travel plan) within seven days and a free flight back to point of departure. You are not entitled (under Regulation 261/2004) to reimbursement of any other components of your trip such as hotel and transfer costs.

Rights for Passengers with Reduced Mobility

Under Regulation 1107/2006, if you are disabled or have difficulty moving around, you will have improved rights to assistance when you fly to, from and within Europe from 26 July 2008.

You do not need to be permanently or physically disabled to benefit from these rights. In fact, anyone who has difficulty moving around, for example, because of their disability or age, can receive help when they fly.

Key facts

The law affects the whole of the air travel process, not just the flight itself. It also covers booking your flights, arriving at the airport, checking in, getting on and off the plane and leaving the airport.

The Regulation applies to tour operators and travel agents as well as to airports and airlines. This means that tour operators and travel agents must pass on your needs to the airlines, and they in turn must inform the airports of the individual services required.

If you have a complaint or in the need for further advice we would suggest contacting the Equality and Human Rights Commission. Contact details can be found through their website www.equalityhumanrights.com.

The Equality and Human Rights Commission are responsible for dealing with complaints about UK airlines and airports in England, Scotland and Wales – in relation to the above-mentioned legislation - and can advise you of your rights and what further action you can take.

They will provide advice and example letters to send to the appropriate body - be that the travel agent, the airline, the airport or another organisation.

If you are not satisfied with the response, they can take the matter up further by liaising with colleagues in the Department for Transport and the Civil Aviation Authority and other European Union nations to improve services to disabled and less mobile passengers.

Source: UK European Consumer Centre