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Q&A: Air passenger compensation

Q&A: Air passenger compensation



Yesterday, chaos at Heathrow's new Terminal 5 disrupted thousands of passengers, forcing many to postpone their travel plans or take off without their luggage. More delays and cancellations are expected today.

Fortunately, EU air passenger compensation regulations introduced in February 2005 mean many will be entitled to some kind of compensation.

When am I entitled to compensation?

If you fly within the EU and your flight is delayed or cancelled, or you are "bumped" off a particular flight because of overbooking, you may be entitled to compensation.

The rules apply to all scheduled and charter flights departing from the EU, as well as any other flights offered by a European airline - including so-called no-frills airlines - where the delay is deemed to be the fault of the airline.

Do I have to live in the EU to be eligible?

No - all passengers flying within the EU who suffer delays and cancellation have the same entitlement to compensation regardless of nationality or country of residence.

What compensation is available if my flight is delayed?

The amount of compensation to which you are entitled depends on the length of your journey and how long a delay you suffer.

In the case of delays of two hours on a journey of up to 1,500km you should be eligible for free meals and refreshments and two phone calls, emails.....continued below

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or faxes.

For a journey of between 1,500km and 3,500km you must be delayed by three hours for this entitlement, and if your journey is 3,500km or more the delay must be at least four hours.

If you are delayed by five hours or overnight on any flight you will also be entitled to hotel accommodation. If you decide not to travel you will be entitled to a full refund of your ticket price and a free flight back to your original starting point.

If you are not offered these you should complain to the airline operating the flight.

What if my flight is cancelled?

If your flight is cancelled or you are denied boarding because it is overbooked, you will be entitled to compensation unless the airline can prove this was a result of "extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken".

These could include things like strikes, bad weather and political instability.

If the airline is to blame you will be automatically entitled to a full refund and a return flight to the first point of departure, or to have your journey rerouted.

Compensation for a delayed flight varies depending on the length of your flight and how long your arrival at your destination is delayed as a result of you being rerouted. The amount to which you are entitled is as follows:

· €125 (£99) on a journey of up to 1,500km delayed by up to two hours

· €250 on a journey of up to 1,500km delayed for more than two hours

· €200 on a journey of 1,500km-3,500km delayed by up to three hours

· €400 on a journey of 1,500km-3,500km delayed by more than three hours

· €300 on a journey of more than 3,500km delayed by up to four hours

· €600 on a journey of more than 3,500km delayed by more than four hours

If your journey is delayed as a result of a cancelled flight you should also receive assistance at the airport in the form of free meals and refreshments, telephone calls and, where appropriate, hotel accommodation.

When cancelling a flight or denying boarding, the airline must provide each passenger with a leaflet outlining their rights and the amounts of compensation due.

How do I get compensation?

Refunds must be paid within seven days, and in the event of cancellation passengers have to contact the airline for compensation. If you are denied boarding you are supposed to be given compensation immediately.

What happens if they don't pay out?

There is a heavy incentive to ensure they do - airlines face fines of up to £5,000 a passenger for failing to comply with the regulations. If they do not you have a right of appeal to the Air Transport Users' Council.

Airlines do not have to compensate passengers if they have given at least two weeks' notice of a cancellation or provided passengers with another flight at time of the original.

guardian.co.uk © Guardian Newspapers Limited 2008


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