Answer ... (a) Flight delays or cancellations?
If a flight is cancelled or delayed for three hours or more, passengers are entitled to compensation, care and assistance, as well as reimbursement or rerouting, in accordance with the EU Air Passenger Rights Regulation (261/2004). The regulation, which became effective from February 2005, provides for fixed compensation of between €250 and €600 per passenger, depending on the distance of the flight, in the event of flight delays of three hours or more, flight cancellations or denied boarding. Care and assistance in the form of meals and refreshments, hotel accommodation and transport between the airport and the place of accommodation, and two telephone calls, telex or fax messages or emails, must also be provided.
In accordance with the regulation, carriers are obliged to provide passengers with compensation and care, unless they are exempted from doing so by proving that the delay, cancellation or denied boarding resulted from an extraordinary circumstance – that is, something which could not have been avoided even if all reasonable measures had been taken. There is no exhaustive list of what would constitute unreasonable circumstances and the Court of Justice of the European Union considers this on a case-by-case basis.
In addition, Article 19 of the Montreal Convention 1999 will apply. A carrier will thus be liable for damage caused as a result of a delay in the carriage by air of passengers, baggage or cargo, unless the carrier proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.
(b) Overbooking?
If a flight has been overbooked, passengers are entitled to compensation, care and assistance, as well as reimbursement or rerouting, in accordance with the EU Air Passenger Rights Regulation. The regulation, which became effective from February 2005, provides for fixed compensation of between €250 and €600 per passenger, depending on the distance of the flight, in the event of flight delays of three hours or more, flight cancellations or denied boarding. Care and assistance in the form of meals and refreshments, hotel accommodation and transport between the airport and place of accommodation, and two telephone calls, telex or fax messages or emails, must also be provided.
(c) Denied boarding for other reasons?
In accordance with the EU Air Passenger Rights Regulation, an airline can refuse to carry a passenger if there are there are reasonable grounds to do so, such as health, safety or security concerns, or where the passenger does not have the necessary travel documents. If a passenger is denied boarding for another reason, he or she will be entitled to care and assistance and compensation of between €250 and €600 as outlined above, as well as to rerouting and/or reimbursement.
(d) Baggage delay, damage or loss?
In accordance with Article 22 of the Montreal Convention, a carrier will be liable for any damage sustained in case of destruction or loss of, or of damage to, checked baggage up to 1,288 special drawing rights – the revised limit of liability that came into effect on 28 December 2019. The Montreal Convention requires airlines to treat a bag as lost after 21 days.
(e) Disabled access?
Disabled persons and persons with reduced mobility enjoy the rights and assistance set out in EU Regulation 1107/2006