Understanding “Right to Care” During Long Delays

Passenger rights are critical elements of the aviation industry. They have evolved over time to accommodate a series of discomforts that passengers can sometimes face, especially during long flight delays. EU citizens are particularly safeguarded by the European regulation EC261 which stipulates the airlines must provide ‘care and assistance’ in times of long delays or cancellations. However, these rights also extend to “flight compensation for non EU citizens” under certain circumstances. Furthermore, “US passenger rights” also provide similar protection for passengers during their travel.

Meals and Refreshments During Delays

A key aspect of the ‘Right to Care’ is the provision of meals and refreshments during long delays. According to EC261, airlines are obligated to provide passengers with free meals and refreshments proportionate to the waiting time. This includes two free telephone calls, emails, or faxes. In a landmark case in 2012, an Icelandic air carrier denied passengers meals and refreshment during a delay, claiming extraordinary circumstances. However, the CJEU ruled in favor of the passengers stating that airlines must provide care, even during extraordinary circumstances.

Airline Responsibilities in Providing Assistance

When delays stretch to several hours or a flight is cancelled, the airlines have the responsibility to ensure that the passenger’s inconvenience is minimised. This includes providing access to communication – the airlines are required to offer passengers free access to a phone or email. The European Court of Justice reconfirmed this in the case of a passenger suing an airline that had failed to help her find a hotel after her flight was cancelled.

Hotel Accommodation During Flight Cancellations

In case of flight cancellations or delays that require an overnight stay, passengers have the right to hotel accommodation, as well as transportation between the airport and the hotel. Notably, these rights apply to both EU and non-EU citizens on flights departing or arriving in EU, as stated under the principles of EC261. A case study that highlights this was a mass cancellation of flights by an airline, where the airline had to provide thousands of passengers with hotel accommodations overnight due to severe weather conditions.

Conclusion

In summary, the “Right to Care” during long delays lays out a set of accommodations that airlines must provide to ensure the overall well-being of passengers. These provisions protect the passenger from undue hassle during unexpected flight delays and cancellations. It once again emphasises the need for passengers, regardless of their origin, to be well informed regarding their rights when travelling. These rights and regulations serve as a testament to the resilience and adaptability of passenger rights.

Ultimately, when you are familiar with air passenger rights and believe you may be entitled to delayed or cancelled flight compensation, find out which best flight compensation companies can help you. You may also fill out the claim form and one of the agencies will check your flight and take your case.