What are my rights if a flight is delayed?

Air passengers have specific consumer rights under European law. You have a right to get assistance from your air carrier and you may be entitled to compensation in certain situations.

Who does the law apply to?

The law applies to all passengers departing from an EU/EEA airport. It also applies to passengers departing from an airport outside of the EU/EEA but arriving at an EU/EEA airport on an EU/EEA licensed carrier (unless they have already received compensation or assistance in that non-EU/EEA country).

It does not apply if you are travelling free or at a fare that is reduced and is not available directly or indirectly to the public. The law also does not apply if you do not have a confirmed reservation or relevant document (visa etc), if you do not arrive at the boarding gate in good time or if you pose safety or security concerns.

If you are denied boarding, or your flight has been cancelled or delayed, and the law does apply, the airline must provide you with a written notice setting out the rules for compensation and assistance. You must be offered two free telephone calls, fax messages, or emails. In addition, a sign must be displayed at the check-in area referring to air passenger rights under the law.

What does ‘denied boarding’ mean?

It means the airline has refused to accommodate you on scheduled flights and charters although you have a valid ticket, correct documentation (passport, visa etc.), have confirmed your reservation and presented yourself for check-in within the required time limit as specified by the airline.

Denied boarding happens when airlines sell more tickets for a scheduled flight than seats. Where a flight is overbooked the airline will first call for volunteers to surrender their confirmed reservations to the airline in exchange for agreed benefits. If there are not enough volunteers, the airline may deny boarding to passengers against their will but must compensate them and offer the appropriate assistance set out in the law.

In both situations you will be entitled to a choice of:

Refund of the cost of your ticket within 7 days if not wishing to travel or; re-routing to your final destination at the earliest opportunity or; re-routing at a later date at your convenience, subject to the availability of seats

What is care and assistance by an airline?

Free meals and refreshments must be offered depending on the waiting time. Free hotel accommodation must be offered if an overnight stay is necessary, as well as transport between the hotel and the airport. Plus, two free telephone calls, fax messages, or emails.

If the airline does not give you the above and you are forced to make your own arrangements, keep all your receipts. You are entitled to get reimbursed for your expenses.

What is my entitlement if the flight is cancelled?

You are entitled to a choice of:

Refund the cost of your ticket within 7 days or, re-routing to your final destination at the earliest opportunity or, re-routing at a later date at your convenience, subject to the availability of seats

You may also be entitled to compensation.

Are there situations where compensation is not payable?

You are not entitled to it if:

You have received at least two weeks’ notice of the cancellation; or you have received between 2 weeks and 7 days’ notice but been offered an alternative flight departing no more than 2 hours before your original departure and arriving at your final destination less than 4 hours after your original scheduled time of arrival; or you have received less than 7 days’ notice but have been offered an alternative flight departing no more than 1 hour before your original departure time and arriving at your final destination less than 2 hours after your original scheduled time of arrival.

If the airline can prove the cancellation was caused by an extraordinary, unavoidable circumstance, even if all reasonable measures had been taken, no compensation is payable.

Examples of this may include: Weather conditions, air traffic control restrictions, security risks, and industrial disputes that affect the operation of the flight

What are my rights if a flight is delayed?

Whether a delayed flight comes within the terms of the law depends upon the distance of the route involved and the length of the delay. The following flights are covered by the law:

Delays of 2 hours or more in the case of flights of 1500 km or less; delays of 3 hours or more in the case of all flights within the EU of more than 1500 km, and all other flights between 1500 and 3500 km; delays of 4 hours or more in the case of all other flights

If your delayed flight is covered by law, free meals and refreshments must be offered depending on the waiting time. Free hotel accommodation must be offered if an overnight stay is necessary, as well as transport between the hotel and the airport. You get two free telephone calls, fax messages, or emails.

If the flight is delayed at least five hours, you must be offered a full refund instead of flying, for the part or parts of the journey you have not made and for the part or parts you already made if the flight is no longer serving any purpose to your original travel plan. If relevant, it includes a return flight to your first point of departure, at the earliest opportunity.

If the airline can prove the delay was caused by an extraordinary, unavoidable circumstance, even if all reasonable measures had been taken, no compensation is payable.

What are the levels of compensation?

If a refund of the cost of the ticket is chosen and you are also entitled to compensation, the following must be paid: Flights of 1,500 km or less, €250; Flights of over 1,500 km within the EU and other flights between 1,500 and 3,500 km. €400; All other flights, €600.

If the choice is re-routing and you are entitled to compensation, the amount you are entitled to depends on the length of delay past your original planned arrival time.

What are the rules re upgrading and downgrading seats?

If you are offered a seat in a higher class, the airline cannot charge you additional payment.

If you agree to be in a lower class, you are entitled to reimbursement of a percentage of the difference in price.

How do I make a complaint?

Complain to the airline first. If it does not resolve your complaint, send it to the appropriate national enforcement body.

Each member state is responsible for departures from airports in its territory and arrivals into such airports from third countries on EU/EEA-licensed carriers.

The Irish Aviation Authority (IAA), the national enforcement body, deals with complaints arising from flights departing Irish airports or those arriving at an Irish airport from outside the EU/EEA on an EUEEA-licensed carrier. You can make a complaint online.

If you have a complaint about a flight returning to Ireland from the EU/EEA, contact the national enforcement body in the EU/EEA state your flight departed from.

Find more information on your rights and how to make a complaint on www.iaa.ie