Fraser Geddes explains the rights of passengers affected by the Ryanair debacle.

Ryanair’s recent cancellation of customer bookings will lead to much misery for would be travellers. As thousands of journeys are likely to be affected by the decision, the immediate thoughts of passengers may simply be towards reaching their final destination. In time, however, many will begin to consider what rights they have to compensation after being left in limbo by cancelled flights.

Passenger rights in the EU

European Union law affords legal protection to passengers of cancelled flights. EC Regulation 261/2004 came into force in 2004 and enhanced passenger rights by putting in place mandatory compensation and assistance schemes specifically tailored to airline travel.

The protections under the Regulation are available to fare-paying passengers who depart from a member state, or who are scheduled to arrive in a member state provided the flight is operated by a carrier from within the EU.

The protection available under the Regulation falls into three categories:

A) Care

Where a flight is cancelled, the air carrier should offer to affected passengers meals and refreshments that are reasonable and proportionate to their waiting time. Additionally, passengers should be offered two telephone calls, e-mails, fax or telex messages. Where the waiting time is more prolonged, passengers may be entitled to hotel accommodation and the transfers between this accommodation and the airport.

B) Choice

The Regulation also states that passengers must be offered a choice between reimbursement of their ticket price and the re-routing of their journey.

Where reimbursement of the full cost of the ticket is chosen by the passenger, the air carrier should pay this within 7 days along with offering a return flight to the passenger’s first point of departure at the earliest opportunity. Alternatively, the passenger can choose to be re-routed to their final destination at the earliest opportunity or at a later more convenient date, subject to the availability of seats.

C) Compensation

The amount of compensation available depends on the distance of the flight in combination with the ultimate length of the delay suffered:

• For flights of 1,500 kilometres or less (Category 1), the amount of compensation will be EUR 250;

• Intra-Community flights of more than 1,500 kilometres and for all other flights between 1,500 and 3,500 kilometres (Category 2), the compensation will be EUR 400;

• For all other flights (Category 3), the compensation will be EUR 600.

There are certain exceptions in the Regulation regarding compensation, for instance, where passengers are given advance notice of their cancellation or where the cancellation was caused by extraordinary circumstances that are out with the air carrier’s control.

Practical pointers

Keep receipts and records – remember to keep hold of all of your travel documentation such as boarding passes and tickets as well as your receipts for any reasonable expenses. You should also try to keep a note of events as they happen and any communications you have with the air carrier.

Speak to someone – Make contact with the customer services department of the air carrier that operated your flight as soon as possible. The Civil Aviation Authority can also provide you with further information and advice on travel disruption claims. If you reach the point where you are finding it difficult to make any progress, it may be advisable to check with your travel insurance provider whether you have the benefit of legal expenses cover so that you can take legal advice.

Looking forward

Whilst there may uncertainty over the long-term future of this Regulation and passenger rights in a post-Brexit Britain, the Government has given assurances that these rules are to remain in force until Britain leaves the EU. Irrespective of changes on the horizon, airline passengers should all be aware of the various rights and protections that they have if they are unfortunate enough to find themselves affected by cancellations.