Delays, cancellations and denied boarding: passenger rights

Delays, cancellations, and denied boarding are common situations in commercial aviation that significantly affect passengers. This article explores what these issues entail and how passengers can exercise their rights to claim compensation.

What are delays, cancellations and denied boarding?

• Delays: When the flight does not depart on time.
• Cancellations: Suspension of a scheduled flight for reasons such as weather conditions, technical issues or operational decisions.
• Denied boarding: When a passenger whose reservation is confirmed is unable to board, usually due to “overbooking.”

These disadvantages are largely regulated by international regulations, such as Regulation (EC) 261/2004 in the European Union, which establishes passenger rights and airline obligations.

Rights in case of delay

Depending on the length of the delay and the distance of the flight, passengers are entitled to:

• Basic Assistance: Includes food, beverages, and media if the delay exceeds two hours on short flights, three hours on medium flights, or four hours on long-haul flights.
• Financial compensation: If the delay exceeds three hours and is not caused by extraordinary circumstances, such as bad weather, passengers can claim between 250 and 600 euros, depending on the distance of the flight.
• Ticket refund or alternative transportation: In the event of a delay of more than five hours, passengers have the right to cancel their reservation and receive a full refund or be rebooked to another flight.

Cancellations and associated rights

If an airline cancels a flight with less than 14 days’ notice, passengers are entitled to:

• Refund of the ticket or transfer to another flight.
• Financial compensation, unless the cancellation is due to extraordinary circumstances.

Airlines must also provide assistance while passengers wait, such as hotel accommodation and transportation to them, if necessary.

Denied boarding due to overbooking

Overbooking is a common practice in the industry. When this happens, airlines must:

1. Solicit volunteers : Offer compensation and additional benefits to those who give up their seats.
2. Compensate those affected unintentionally: If there are not enough volunteers, refused passengers are entitled to immediate financial compensation, in addition to basic assistance and alternative transportation.

How to complain about a delay, cancellation or denied boarding

Affected passengers must:

1. Document the incident: Keep tickets, boarding passes, and all communications from the airline.
2. Ask for help on site: Inform the airline of the problem and demand immediate assistance.
3. File a formal complaint: This can be done directly with the airline or, if necessary, through passenger rights organizations or with the help of aviation lawyers.

Preventive measures and advice

While these inconveniences are not always avoidable, there are some precautions passengers can take:

• Book your flights early in the day, as the first few flights are usually more punctual.
• Know the rights established in international regulations, especially when flying in the European Union.
• Purchase travel insurance that covers contingencies such as delays or cancellations.

For their part, airlines must prioritize clear and rapid communication with passengers, offering appropriate solutions to minimize the impact of these situations.

Conclusion

Delays, cancellations and denied boarding can be frustrating, but passengers have clear rights protected by current regulations. With the right information and steps, it is possible to obtain fair compensation and ensure that airlines meet their obligations. The key is to act quickly and be informed. At BCV Lex, our teams in Bordeaux and Madrid are at your service and operate throughout France and Spain to defend your interests. Don’t hesitate to contact us.