Air travel has become an indispensable part of the modern globalized world, making the protection of passenger rights essential to ensuring a safe and fair experience for all users of air transport services. The European Union has established a comprehensive legal framework to safeguard air passengers, addressing inconveniences such as flight cancellations, denied boarding, and delays. Below are the key rights of air passengers.
Passenger Rights in Cases of Denied Boarding, Delays, or Flight Cancellations
The cornerstone regulation governing air passenger rights is Regulation (EC) No. 261/2004, which provides legal protection to passengers departing from an airport located within an EU Member State and passengers departing from an airport in a third country and arriving in the EU if the flight is operated by an EU-based carrier.
If a passenger is denied boarding against their will, they are entitled to reimbursement or re-routing, care, and compensation, depending on the flight distance. However, if the denial of boarding occurs for health or safety reasons, the passenger is not entitled to these rights.
Although Regulation (EC) No. 261/2004 does not explicitly grant compensation rights for flight delays, the Court of Justice of the European Union established such rights in the case of Sturgeon and Others v. Condor Flugdienst GmbH and Air France SA on November 19, 2009. Passengers who arrive at their final destination with a delay of three hours or more are entitled to a fixed compensation amount based on the flight distance: €250, €400, or €600. In any case, passengers are also entitled to care during the delay.
A flight is considered canceled if it is not operated as originally planned. In the event of a flight cancellation, passengers have the right to reimbursement or re-routing, care, and compensation. The airline bears the burden of proof to demonstrate that it informed passengers of the cancellation and the timeframe in which this was done.
Rights in Case of Lost or Damaged Baggage
Passenger rights regarding baggage are regulated by the Montreal Convention and Regulation (EC) No. 889/2002. The airline is liable for damage, loss, or destruction of baggage if the incident occurred on the aircraft or while the airline was responsible for the checked baggage. The carrier’s liability for checked baggage is objective and independent of fault. If a passenger does not receive their baggage, they must report it at the airport where it failed to arrive. Any delay or loss of baggage must be reported to the airline immediately, and no later than 7 or 21 days, respectively. Checked baggage is considered lost if it does not arrive within 21 days from the expected date of delivery.
Conclusion
Despite the broad array of rights provided to air passengers under European legislation, their enforcement in practice is often challenging and time-consuming. This represents a significant shortcoming in this area, making it crucial for passengers to familiarize themselves with their rights promptly and seek appropriate assistance in asserting their claims in case of a violation.
