What are your rights if you’re flying in the EU? 

Under EU and Irish law, you have certain rights when travelling by air with European airlines. These are set out in this Know Your Rights article by Cork Citizens Information. 
What are your rights if you’re flying in the EU? 

Passengers have various rights if their flight is cancelled or delayed. iStock

Under EU and Irish law, you have certain rights when travelling by air with European airlines. All European airlines, travel agents, tour operators and businesses providing air transport services must observe your rights.

What assistance am I entitled to if I am a passenger with reduced mobility?

You have the right to assistance, free of charge. This can include help with your luggage, help getting on and off the plane, and any assistance you need on the flight and in the airport before and after your flight.

You should contact your airline at least 48 hours before your trip and explain what assistance you need.

Airlines and tour operators cannot refuse to carry passengers (or take bookings), on the basis of reduced mobility. However, this only applies to flights from airports in the EU.

What are my rights if I am informed my flight has been over-booked?

If the flight is overbooked and you are told you cannot board the aircraft, you will be entitled to compensation under EU law. But this only applies if you have a valid ticket and have confirmed your reservation, and you have presented yourself at check-in at the airport within the time specified by the airline

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. The volunteers are also entitled to a choice of:

  • Refund the cost of their ticket within 7 days if not wishing to travel or
  • Re-routing to their final destination at the earliest opportunity or
  • Re-routing at a later date at the passenger’s convenience, subject to the availability of seats

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 as outlined above.

A refund is a full refund of the ticket for the part or parts of the journey you have not made and for the part or parts you have already made if the flight is no longer serving any purpose to your original travel plan.

When relevant, it also includes a return flight to your first point of departure at the earliest opportunity.

If you choose a refund, compensation must also be paid. The amount you are entitled to depends on the distance of the flight that you have not been allowed to board.

If you choose re-routing, the compensation depends on length of delay past the original planned time in arriving at your final destination. If you choose to be re-routed as soon as possible, the air carrier must give you care and assistance whilst you are waiting on your alternative flight.

What is care and assistance by the airline?

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

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

What am I entitled to if my 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 the law, free meals and refreshments must be offered depending on how long the waiting time is.

Free hotel accommodation must also be offered where an overnight stay becomes necessary, as well as transport between the hotel and the airport. You must be offered 2 free telephone calls, fax messages, or emails.

If the flight is delayed at least 5 hours, you must be offered a refund of your ticket instead of flying. This is a full refund of the ticket for the part or parts of the journey you have not made and for the part or parts already made if the flight is no longer serving any purpose to your original travel plan. When relevant, it also includes a return flight to your first point of departure, at the earliest opportunity

What are my rights if my 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 I am not entitled to compensation?

You are not entitled to it if you have received at least 2 weeks’ notice of the cancellation or received between 2 weeks and 7 days’ notice but have been offered an alternative flight departing no more than 2 hours before your original departure time and arriving at your final destination less than 4 hours after your original scheduled time of arrival.

Neither will you receive compensation if you have received less than 7 days’ notice but 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 circumstance which could not have been avoided, even if all reasonable measures had been taken, no compensation is payable. Such circumstances may include: weather conditions; air traffic control restrictions; security risks and; industrial disputes that affect the operation of the flight.

How do I make a complaint?

If you have a complaint about the assistance and compensation you have received for denied boarding or cancelled or delayed flights, start by contacting your airline directly.

If you feel your rights have not been met and have not received the level of treatment or compensation to which you are entitled, you should contact the Irish Aviation Authority or the Competition and Consumer Protection Commission (CCPC) and make a complaint. You can also contact the Directorate-General for Transport and Energy of the European Commission.

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