Answer ... (a) Flight delays or cancellations
Regulation (EC) 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights establishes common rules on compensation of and assistance to passengers in the event of denied boarding or cancellation or long delay of flights. Malta’s national enforcement body (NEB), the Malta Competition and Consumer Affairs Authority (MCCAA), is empowered to verify that air transport operators are treating all passengers in accordance with their rights. Passengers who feel that they have not been treated correctly should contact the NEB where the incident took place. In Malta, a complaint form may be accessed from and filed with the MCCAA.
Regulation (EC) 261/2004 applies to:
- flights within the European Union and operated by either an EU or non-EU airline;
- flights arriving in the European Union from outside the European Union and operated by an EU airline; and
- flights departing from the European Union to a non-EU country operated either by an EU or non-EU airline.
Depending on the length of the delay and the distance of the particular flight, passengers may enjoy the following rights:
- the right to care which includes, among other things, meals and refreshments, hotel accommodation and transport;
- the right to reimbursement or rerouting; and/or
- the right to compensation (ranging from €250 to €600).
(b) Overbooking
Under Regulation (EC) 261/2004, where an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passengers concerned and the operating air carrier.
In addition to the abovementioned benefits, passengers who agree to surrender their reservation must be offered a choice between:
- reimbursement within seven days of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight no longer serves any purpose in relation to the passenger’s original travel plan, together with, where relevant, a return flight to the first point of departure at the earliest opportunity;
- rerouting, under comparable transport conditions, to their final destination at the earliest opportunity; or
- rerouting, under comparable transport conditions, to their final destination at a later date at the passenger’s convenience, subject to availability of seats.
If an insufficient number of volunteers come forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may then deny boarding to passengers against their will; those passengers shall be entitled to compensation and to the assistance mentioned in above paragraph.
(c) Denied boarding for other reasons
Regulation (EC) 261/2004 requires air operators to grant passengers who are denied boarding the option to choose between:
- reimbursement within seven days of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight no longer serves any purpose in relation to the passenger’s original travel plan, together with, where relevant, a return flight to the first point of departure, at the earliest opportunity; and
- rerouting, under comparable transport conditions, to their final destination at the earliest opportunity or rerouting, under comparable transport conditions, to their final destination at a later date at the passenger’s convenience, subject to availability of seats.
If rerouting is chosen by a passenger and is to occur the following day, the air operator must also offer the passenger free hotel accommodation and transport between the hotel and the airport. The passenger also has the right to care, which includes the right to two telephone calls, telex or fax messages, or emails free of charge.
(d) Baggage delay, damage or loss
Malta, through the Carriage by Air (International and Non-International Carriage) Order (Subsidiary Legislation 499.24), has implemented both the Montreal Convention and the Warsaw Convention. In case of baggage delay, destruction, loss or damage, the air carrier is liable for up to 1,000 special drawing rights (as defined by the International Monetary Fund), unless the passenger made a special declaration of interest in delivery at destination and paid a supplementary sum where required. In the case of checked baggage, the carrier is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
(e) Disabled access
Under Regulation (EC) 261/2004, persons with reduced mobility or special needs, as well as persons or certified dogs accompanying them, shall be given priority. In cases of denied boarding, cancellation or delays, passengers are entitled to the right to care and the right compensation. The right to care includes:
- free meals and refreshments;
- accommodation for delays longer than one day;
- airport transfers to residence if appropriate; and
- two phone calls, text or emails.
Notably, Regulation (EC) 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air specifically prohibits air carriers from refusing to accept a reservation for a flight or to board a passenger on the grounds of disability or reduced mobility.