Compensation for overbooked, cancelled and delayed flights in the EU

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

These situations are:

• You are denied boarding against your will
• Your flight is cancelled
• Your flight is delayed
• You are downgraded

Who does the law apply to?

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

Who does the law not apply to?

The law does not apply if you are travelling free of charge or at a reduced fare that is not available directly or indirectly to the public. Tickets purchased under frequent flyer or similar commercial programmes are not considered reduced fare tickets. 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.

Check-in (Confirming your reservation)

When you buy a ticket for air travel, you enter into an agreement with the airline. One of the terms of this agreement is that you must confirm that you will be ready to take the flight on the date of travel (confirming your reservation). You must present yourself at check-in to demonstrate that you have a valid ticket and are ready to fly on the date on your ticket.

Reservation not confirmed or not checked in

If you have not confirmed your reservation in time or presented yourself for check-in at the time specified by the airline, the law does not apply. The airline can refuse to allow you to board the aircraft.

If you have been denied access to the aircraft in these circumstances, you are not entitled to any compensation. However, the airline may agree to accommodate you on a later flight (with or without charge) if there is availability. If you did not confirm your reservation or you did not present yourself for check-in at the specified time, it depends on the terms and conditions of your ticket as to whether or not you must pay again for the flight.

Reservation confirmed and checked in

If you are denied boarding, or your flight has been cancelled or delayed, and the law applies, the airline must provide you with a written notice setting out the rules for compensation and assistance. You must be offered 2 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.

Denied boarding means that the airline has refused to accommodate you on scheduled flights and charters although you have a valid ticket and correct documentation (passport, visa etc.), you have confirmed your reservation on your flight, and you have 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 there are seats on the aircraft.

Volunteers

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 you do not want 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 seat availability

Non-volunteers

If there are not enough volunteers, the airline may deny boarding to passengers against their will. Still, it must compensate them and offer the appropriate assistance set out in the law.

You must also be offered a choice of:

• Refund the cost of your ticket within 7 days if you do want 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

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. See Compensation below.

If you choose re-routing, the compensation that you are paid depends on the length of the delay past the original planned time in arriving at your final destination. See Compensation below.

If you choose to be re-routed as soon as possible the air carrier must provide you with care and assistance while you wait on your alternative flight.

What is the care and assistance provided by the airline?

Free meals and refreshments must be offered depending on how long the waiting time is. Hotel accommodation must also be offered free of charge where an overnight stay becomes necessary, and transport between the hotel and the airport. You must be offered 2 free telephone calls, fax messages, or emails.

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

If your flight is cancelled, regardless of when you are notified, you are entitled to a choice of:

• A refund of 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 seat availability

You may also be entitled to compensation.

When compensation is not payable

You are not entitled to compensation if:

• You have received at least 2 weeks’ notice of the cancellation; or
• You have received between 2 weeks and 7 days’ notice, but you 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; or
• You have received less than 7 days’ notice, but you 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 that 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.

Examples of extraordinary circumstances may include:

• Weather conditions
• Air traffic control restrictions
• Security risks and
• Industrial disputes that affect the operation of the flight

Refunds and re-routing

If you choose a refund and you are entitled to compensation, the amount you are entitled to depends on the type of flight. See Compensation below.

Where the choice is re-routing, the compensation that is paid depends on the length of delay past the originally planned time in arriving at your final destination. See Compensation below.

Care and assistance

If you have chosen to be re-routed as soon as possible, then the air carrier must provide you with care and assistance while waiting for your alternative flight. The airline must provide:

• Free meals and refreshments must be offered depending on the waiting time
• Free hotel accommodation if an overnight stay becomes necessary
• Free transport between the hotel and the airport
• 2 free telephone calls, fax messages, or emails

If the airline does not provide this assistance and you pay for your own meals, hotel, or transport, keep your receipts, you are entitled to reimbursement of your expenses.

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 (short haul)
• 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 (medium haul)
• Delays of 4 hours or more in the case of all other flights (long haul)

Care and assistance

If your delayed flight is covered by the law, free meals and refreshments must be offered depending on the waiting time. Hotel accommodation must also be offered free of charge where an overnight stay becomes necessary, and transport between the hotel and the airport. You must be offered 2 free telephone calls, fax messages, or emails.

If the airline does not provide this assistance, and you pay for your own meals, hotel, or transport, keep your receipts. You are entitled to reimbursement of your expenses.

Refund

If the flight is delayed by at least 5 hours, you must be offered a refund of your ticket instead of flying. 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 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.

Delays over 3 hours

The law does not state that compensation is payable in cases of delay. However, on 19 November 2009, the European Court of Justice ruled in the cases of Sturgeon v Condor Flugdienst GmbH and Bock and Others v Air France SA (pdf) that compensation similar to that paid for cancelled flights may be payable in delay situations where the delay exceeds 3 hours. This right was upheld by the European Court of Justice in further cases on 23 October 2012. The compensation that is paid depends on the distance of the flight and the length of the delay past the originally planned time in arriving at your final destination. See Compensation below.

If the airline can prove that the delay was caused by an extraordinary circumstance which could not have been avoided, even if all reasonable measures had been taken, no compensation is payable.

Compensation when getting a refund

Where a refund of the cost of the ticket is chosen and you are also entitled to compensation, the following compensation must be paid:

Compensation when re-routed

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

You can calculate the distance of your own flight at www.gcmap.com. Some examples of short, medium and long haul flights routes are on the IAA website.

Upgrading

If you are offered a seat in a higher class than your original booking, the airline cannot charge you an additional payment for this seat.

Downgrading

If you agree to be placed in a lower class than on your original booking, you are entitled to reimbursement of a percentage of the difference in price. In other words, if you book a business or first class seat and the airline offers you a seat in a lower class it must refund you a percentage of the ticket price you originally paid. The percentage of the refund is calculated as follows:

• 30% of the ticket price for flights of 1,500 km or less or
• 50% of the ticket price for intra-EU flights of more than 1,500 km and all other flights between 1,500 and 3,500 km
• 75% of the price for all flights greater than 3,500 km

Package travel

You have rights and flexibility when you book a package holiday or book using linked travel arrangements. Read our page on package holidays and linked travel arrangements.

Complain to the airline first

If you have a complaint about a cancellation, long flight delay or an instance of denied boarding, complain to the airline first.

Complain to the appropriate national enforcement body

If your airline does not resolve your complaint, you should send it to the appropriate national enforcement body. Each member state is responsible for departures from airports within its territory and arrivals into such airports from third countries on EU or EEA-licensed carriers.

The Irish Aviation Authority (IAA) is the national enforcement body in Ireland. It deals with complaints from flights departing from Irish airports or those arriving at an Irish airport from outside the EU or EEA on an EU or EEA-licensed carrier. You can make a complaint online. Register with the IAA’s online customer platform (MySRS). Once you are registered, complete the online complaint form. You can watch a video on how to complete the registration process.

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

For example, if you booked a return flight from Dublin to Malaga and the outbound flight (i.e. the Dublin to Malaga flight) was cancelled, then you should contact the Irish Aviation Authority (IAA). However, if the return flight (i.e. the Malaga to Dublin flight) was disrupted, you should contact the Spanish equivalent, the Agencia Estatal de Seguridad Aérea (AESA).

If you have a complaint about a flight departing from outside the EU, Iceland, Norway or Switzerland, the flights destination determines which authority you should contact (if any). For these flights, the law will only apply if the flight:

• Arrives at airports within the EU or Iceland, Norway or Switzerland, and
• It is run by community-licensed carriers, such as Aer Lingus, Air France, and Iberia.

For example, you should contact the IAA if you booked a flight from New York to Dublin with Aer Lingus. However, if you flew with American Airlines, you would not, as this airline is not licensed in Europe.

You can contact the IAA if you need further assistance.

You can find more information on your rights and how to complain on iaa.ie. You can also find answers to all the common questions about passenger rights in case of flight cancellation, delay or other issues.