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Security update – what compensation can travellers expect? – 3 July

Saturday’s terrorist attack at Glasgow Airport, which brought dozens of flights across the UK to a standstill, raised many questions about what type of compensation travellers are entitled to in such events.

According to European Union regulations, delayed passengers may be entitled to monetary compensation between € 125 and € 600 depending on the distance of the flight and the length of the delay. Passengers are also entitled to request a refund of the ticket price if the delay exceeds five hours and they decide not to travel, or in the event that the flight is cancelled.

However, the EU law is vague when it comes to citing the specific circumstances under which passengers can exercise their rights. For example, the EU directive says an airline is not liable for damages if it can prove that the delay or cancellation was caused by extraordinary circumstances, or those which are out of the airline’s control.

Since an act of terrorism, such as that which occurred at Glasgow Airport on Saturday, is beyond the airlines’ control, technically speaking, carriers do not have to offer stranded passengers any compensation. Nor are the airlines legally required to offer to re-book passengers without charge or to refund their money.


Despite not being legally obligated to do so, virtually all carriers and tour operators whose flights were affected over the weekend have given passengers the option to re-book their flights or get a refund.
But because the EU law is unclear, there is no standard for how airlines should deal with delayed and cancelled flights that are a direct result of a terrorist incident.

Consequently, different carriers and flight operators can invoke different rules – one company may offer to refund a passenger’s trip, while another may simply offer to re-book passengers at a later date.

“Ultimately, the interpretation of the law is up to individual carriers and airports,” an IATA spokesman told Travel Weekly. 
 “This can be very confusing for consumers, which is why IATA had some concerns about the language in the EU directive.”

Barring more clarification from the EU, agents should advise their clients that they are not necessarily entitled to any compensation, monetary or otherwise, in the vent of a delayed or cancelled flight. It is also advisable to keep a copy of the EU rules to hand so you can inform your clients what of their rights.

 

 

 


 

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