The European Union courts have found in favor of passengers in the latest attempts by Lufthansa and British Airways to avoid paying compensation for delayed flights.
In the U.S. we do not have such protections; however, in Europe these protections apply to most airlines flying within, from or to the European Union. Travelers should be aware of their rights on the other side of the ocean.
If travelers are faced with delays, they should seek compensation, especially when they are flying on code-share flights. There are still some who hold that US flights are not subject to these rules, however, code-shares when either the carrier with the flight number designation or the carrier operating the aircraft probably fall under these regulations.
Travelers should be compensated for delays of more than three hours, the European Union Court of Justice ruled. Airlines should begin paying up for delayed requests for compensation.
Here is a chart clearly demonstrating the rules and compensation provided by E.U. rules.
Here is the explanation from Britain’s Civil Aviation Authority.
How long does my flight need to be delayed before I can expect to get assistance?
If your flight length is between 0 and 1,500km, for example Manchester to Frankfurt, you will need to be delayed more than two hours.
If your flight length is between 1500 and 3500km, for example Newcastle to Majorca, you will need to be delayed more than three hours.
If your flight length is more than 3500km, for example London to Delhi, you will need to be delayed more than four hours.
If you are delayed overnight and your airline cannot or will not arrange a hotel, you can make your own arrangements and claim a refund from your airline later. Do not spend more than is reasonable and keep your receipts. What is reasonable will depend on the availability of hotels, but you are unlikely to be fully refunded for 5 star hotels or any alcohol, for example. Try to talk to someone from your airline or check their website before you do this and keep note of any conversations.
These rights apply to all flights from European airports. These rights also apply to all flights to European airports, from outside of the EU, on an EU airline.
Airlines are exempt from these rules in exceptional circumstances when the delay is outside of their control. However, delays caused by labor disputes that result in strikes are covered, according to EU court rulings.
It is worth your time to make sure you follow up with the aviation authorities in the country where you experienced your delay.
Is such a law coming to the U.S. to help American passengers? Don’t bet on it.
Charlie Leocha is the President of Travelers United. He has been working in Washington, DC, for the past 14 years with Congress, the Department of Transportation, and industry stakeholders on travel issues. He was the first consumer representative to the Advisory Committee for Aviation Consumer Protections appointed by the Secretary of Transportation from 2012 through 2018.
