NEW LEGISLATION IN FORCE with effect from 17th February 2005 relating to air passenger delays and overbooking

Air Passenger Rights

Under the new Denied Boarding Regulations, Regulation EC.No.261/204 each member state has to designate a body responsible for enforcing the regulation. In the United Kingdom the body designated is the Air Transport Users Council, Room K705, CAA House, 45-59 Kingsway, London WC2B 6TE - Tel.No. +44 207240 6061
Fax No. +44 207240 7071.

The new legislation applies to flights on any airline flying from an airport situated within the European Union and to flights from non-European Union countries into a European Union airport - providing that the airline is registered in a member state.

The airline should provide written details of your rights and how to make a claim.

If the airline does not provide you with written details then you as a consumer must ask them for details and if you do not get what you are entitled to then you must complain to the Air Transport Users Council who can also be reached by their web address which is http://www.auc.org.uk and if you want a guide to your flight rights you can look up your rights on http://www.europa.eu.int/.

We have set out below what you are entitled to and the amounts you could expect to receive and also the services which you are entitled to.

Length of journey Delay to destination Compensation *

Up to 1,500 km More than 2 hours 250 Euros (£173.04)
1,500 km to 3,500 km Up to 3 hours 200 Euros (£138.40)
1,500 km to 3,500 km More than 3 hours 400 Euros (£276.83)
More than 3,500 km Up to 4 hours 300 Euros (£207.63)
More than 3,500 km More than 4 hours 600 Euros (£415.26)

* (Source: Air Users Council) (*Based on exchange rate of 1 Euro = £0.69 Feb.2005)

If you are denied boarding, delayed for more than five hours or your flight is cancelled, you are entitled to:

* Reimbursement of the ticket at the original price and a flight back to the original point of departure

OR

* Alternative transport to the final destination

If you choose an alternative flight the airline must provide:

* Meals in relation to the waiting time

* Hotel accommodation and transport if an overnight stay is necessary

* After two hours, two free telephone calls, telex or fax messages or e-mails

* If an available flight is offered from a different airport, it is the airline's responsibility to get the passenger there.



FIVE STEPS TO CLAIMING COMPENSATION for overbooking or flight delays

1. Prior to travel, obtain Air Passenger Rights Leaflet available on http://www.europa.eu.int/comm/transport/air/rights/index-en.htm.

2. Request that the airline representative give you written details of your rights explaining how to obtain compensation. The regulations require that the airline give this information to all passengers.

3. Set out your claim in writing.

4. If your claim for compensation is rejected then contact the Air Transport Users Council in writing or by telephone at:

45-59 Kingsway, London, WC2B 6TE Telephone No. 0207 240 6061

5. The Air Transport Users Council will be able to assist you on your behalf in order to try to negotiate an agreement between yourself and the airline. If there is no agreement reached and the airline refuses to pay you compensation then the matter will be placed in the hands of the Civil Aviation Authority who have the power to prosecute an airline. It can impose a penalty of £5,000 per case for failure to comply with the legislation.

6. The airline also has to reimburse you your air fare within 7-days if you have chosen not to fly because of the cancellation or the delay. You can have vouchers rather than money but only if you agree to this.

These new rules cover all charter flights, scheduled flights and low cost budget airlines. The criteria for claiming compensation is that the flight must be departing from an EU airport or flying into the EU on an EU airline.

Passengers who are delayed or have their flight cancelled are entitled to complimentary refreshments. On a short-haul flight if the delay is more than 2 hours, on a mid-range flight 3 hours or more and on a long-haul flight 4 hours or more. If the delay is excessive then passengers are also entitled to overnight accommodation, including a transfer to the hotel free of charge, or the airline must find alternative transport for the passengers to reach their final destination.

In the case of a flight being overbooked the airline have to ask for volunteers to give up their seat first. Any passenger who agrees to this can opt for cash benefits as well as the option of either a refund of their ticket with a free flight back to their point of departure or a later flight to their destination but they are not entitled to the additional compensation as specified above. However if a passenger is "bumped" against their will they are entitled to the compensation as specified above.

It is highly likely that in the case of delay airlines will try and avoid liability as there is within the regulations a get-out clause which allows the airline to avoid compensating passengers where the reason for the delay or cancellation is outside of the airline's control. For example adverse weather conditions, industrial action by airline staff or simply Air Traffic Control delays or overloads are all examples where compensation would not apply.

Airlines also will not have to compensate the passengers if they give 14-days notice or more regarding a cancellation or they provide a re-routed flight. So whilst these regulations give passengers enhanced rights that they previously did not have it is not compensation for every circumstance. Passengers should therefore collect all the relevant information together before considering whether it is appropriate to make a claim.