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Know your rights

Despite new regulation, Which? is aware that many consumers are still finding it difficult to get redress from airlines when things go wrong.

 

The European Union Denied Boarding Regulation came into force in February 2005 to ensure that airline passengers get compensation if flights are cancelled or delayed - but is being widely ignored.

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Which? has provided template letters which can help you claim for compensation after the event. But it's useful to know your rights before you travel. A summary of your rights can be found below, or you can download Flight Rights Explained (below).

The new regulation

The law applies to all flights where you have a confirmed reservation, you have checked-in in time for your flight, and you're departing from an EU airport, or from a non-EU airport but on a 'Community carrier' (an airline with its headquarters and main place of business within the EU).

Flight cancellations

If your flight is cancelled you should be offered a choice of a refund or re-routing to your final destination. While you wait for this to be sorted out, passengers are also entitled to 'assistance'. This can include free meals and refreshments appropriate to your waiting time, free hotel accommodation and transfers to the hotel if the re-routed flight means you have an overnight stay at the airport and/or two free phone calls, faxes or e-mails.

You may also be entitled to financial compensation. How much you'll get depends on the length of the delay (that is, how late you arrive at your destination), as well as the distance covered.

Flight delays

You won't get monetary compensation, but you have a clear-cut, statutory right to food and refreshments (and overnight accommodation where necessary) and to make contact with family, friends, or your cab driver to tell them of the hold-up.

Overbooking

When an airline overbooks it is obliged firstly to call for volunteers who'll agree not to fly 'in exchange for benefits'. These may be more or less than the compensation you'd get if you were denied boarding against your will. Whether or not you agree voluntarily to give up your seat, you're entitled to the same 'assistance' as if your flight was cancelled.

If there are not enough volunteers, the airline can deny boarding to passengers against their will. If this happens, you're entitled to immediate monetary compensation of sums identical to those you'd receive in the event of cancellation.

More information

Getting compensation Download, customise and print our template letters to help make your compensation claim.

Frequently asked questions Read common queries received from consumers, and send us your questions.

Common excuses Our list of the tricks airlines use to avoid paying compensation - and how you get around them.

 
 

Resources

31 July 2006

Getting redress for flights: A guide to what you're entitled to if your flight is cancelled, delayed or overbooked.

Holiday Which? report (PDF: 216Kb)
31 July 2006

Read more about your flight rights, including how to deal with lost luggage.

PDF files require Adobe Acrobat Reader software (opens in a new window)

 
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