If the last few winters are anything to go by, the weather is likely to be a big factor in delaying, or even preventing, weary travellers reaching their destinations this holiday season. Before setting off, those travelling by air, in particular, should ensure that they understand their rights in the event that their flight is cancelled. An EU Regulation setting out the rights of air passengers provides that in the event of a delay or cancellation, passengers are entitled to compensation, care and assistance, and possibly ‘further compensation’ from the carrier. Compensation can be in the form of re-routed flights and assistance with meals, accommodation or transportation.

A recent EU Court of Justice decision makes it clear that the entitlement to compensation for cancelled flights may be over and above any expenses incurred by the passenger. In that case, the applicants were scheduled to fly from Paris to Vigo, Spain. Shortly after departure, the plane experienced technical difficulties and had to return to Paris. The passengers were re-booked onto flights the following day, but suffered additional costs and inconvenience in the interim. One family was flown to Porto, Portugal and sought the fare of the taxi from there to Vigo. Another passenger claimed for an extra day in kennels for his dog. The passengers also sought the cost of meals at the airport and further compensation of up to €650 each.

The EU Court of Justice held that a flight is intended to take passengers from a specified airport of departure to a specified airport of arrival, according to a fixed schedule. A cancellation occurs where a flight leaves as scheduled but does not arrive as scheduled. Passengers affected by any such cancellation are entitled to compensation under the Regulation.

The Court also held that the rights arising under the Regulation are not exhaustive. The ‘further compensation’ referred to is meant to supplement the rights of passengers under the Regulation and can include non-material damage, i.e., losses additional to expenses incurred as a result of the cancelled flight. As the right to compensation for non-material damage arises under national laws and international conventions, it is ultimately up to the national courts to determine the level of such compensation, if any.

The decision of the EU Court of Justice should provide air travellers with additional comfort in the event their flight is cancelled.

Happy travels!

Contributed by Cormac Little; Claire Waterson.

Back to Legal News