When travelling by air, passengers may encounter various problems that hinder them from boarding their flight and arrive at their destination on time. The most common problems include: delays, cancellations or overbooking.
Passengers may also face issues with their luggage, as well as concerns at the booking stage, particularly regarding the final price of the ticket.
Delay
Care and assistance
If an airline expects that your flight will be delayed beyond the scheduled departure time, passengers are entitled to meals and refreshments, in proportion to the waiting time, as well as two free telephone calls, emails or faxes. These entitlements depend on the length of the delay and the distance of the flight as follows:
- a delay of two hours or more for flights of 1,500km or less
- a delay of three hours or more for intra-EU flights of more than 1,500km and for all other flights between 1,500 and 3,000km
- a delay of four hours or more for all other flights
Where the expected departure time is postponed to at least the day after the originally scheduled departure, passengers are also entitled to hotel accommodation and transport between the airport and the place of accommodation, if an overnight stay is necessary.
Airlines are required to provide this assistance free of charge during the waiting period. In the event of disruption, passengers should make themselves known to the airline to avoid having to make their own arrangements. Airlines should also ensure that, where available, accommodation is accessible to persons with disabilities and their service dogs.
If assistance is not provided and passengers make their own arrangements for meals and refreshments, the airline should reimburse the costs, provided that the expenses are necessary, reasonable, and appropriate. All receipts should be retained for this purpose. The right to assistance applies only for as long as passengers are required to wait for re-routing, under comparable transport conditions, to their final destination at the earliest opportunity, or for a return flight. In exceptional circumstances, the airline may limit or refuse assistance if providing it would cause further delays to passengers awaiting an alternative or delayed flight.
Flight ticket refund or re-routing
When a flight is delayed for more than five (5) hours, passengers must be offered a choice between:
- reimbursement of the full cost of the ticket together with, when relevant, a return flight to the first point of departure; or
- re-routing, under comparable transport conditions, to the final destination at the earliest opportunity or at a later date at the passenger’s convenience, subject to seat availability.
Financial compensation
In cases where delays exceed three hours, passengers are entitled to financial compensation.
The monetary compensation varies from €250 to €600 depending on the length of the flight. The distance for compensation is calculated from the first point of denied boarding and the final destination.
The financial compensation is reduced by half when the airline offers re-routing to the final destination and passengers arrive at the final destination close to the original arrival time. Such as:
- within two (2) hours for flights of 1,500 km or less;
- within three (3) hours for flights between 1,500 and 3,500 km, and
- within four (4) hours for flights exceeding 3,500 km.
In cases of “extraordinary circumstances,” passengers are not entitled to financial compensation where a flight is delayed due to events beyond the airline’s control. Such circumstances include political instability, meteorological conditions incompatible with the operation of the flight, security risks, unexpected flight safety deficiencies, and strikes affecting the operation of the carrier.
Cancellation
In the event of a flight cancellation, passengers’ rights depend on when they are informed of the cancellation. Where a flight is cancelled without prior notice, passengers must be offered a choice between a full refund and re-routing on an alternative flight. In such cases, they are also entitled to care and assistance, as well as financial compensation where applicable.
Flight ticket refund or re-routing
If an airline cancels a flight, passengers should be offered a choice between:
- a reimbursement of the full cost of the ticket together with, when relevant, a return flight to the first point of departure; or
- re-routing, under comparable transport conditions, to the final destination at the earliest opportunity or at a later date convenient to passengers and subject to availability of seats.
Financial compensation
Unless passengers are informed of the cancellation at least 14 days before the scheduled departure, or are offered re-routing that allows them to arrive close to the original departure and arrival times, they are entitled to financial compensation.
The monetary compensation ranges from €250 to €600 depending on the length of the flight. The distance used for calculating compensation is measured from the first point of denied boarding to the final destination.
Compensation may be reduced by 50% where the airline offers re-routing to the final destination and the passenger arrives close to the originally scheduled arrival time, namely:
- within two (2) hours for flights of 1,500 km or less;
- within three (3) hours for flights between 1,500 and 3,500 km, and
- within four (4) hours for flights exceeding 3,500 km.
In cases of “extraordinary circumstances,” passengers are not entitled to financial compensation where a flight is cancelled due to events beyond the airline’s control. Such circumstances include political instability, meteorological conditions incompatible with the operation of the flight, security risks, unexpected flight safety shortcomings, and strikes affecting the operation of the carrier.
Overbooking
An airline may deny passengers from boarding the aircraft due to overbooking. In such cases, the airline must first call for volunteers willing to give up their seats in exchange for agreed compensation or other benefits. Volunteers are also entitled to choose between an alternative flight or a refund of the unused ticket.
If an insufficient number of volunteers come forward, the airline may deny boarding to passengers. Those affected must be offered a choice between an alternative flight or a refund, and are also entitled to financial compensation, as well as care and assistance while waiting at the airport.
Care and assistance
When a flight is overbooked and passengers are required to wait at the airport for an alternative flight, they are entitled to care and assistance proportionate to the waiting time
Flight ticket refund or re-routing
Where an airline denies boarding to a passenger holding a valid ticket who has checked in on time, the passenger must be offered a choice between a full reimbursement of the ticket cost, together with a return flight to the first point of departure where applicable, or re-routing under comparable transport conditions to the final destination at the earliest opportunity or at a later date convenient to the passenger, subject to seat availability.
Financial compensation
In cases of denied boarding due to overbooking, passengers are entitled to monetary compensation ranging from €250 to €600, depending on the length of the flight. The distance used for calculating compensation is measured from the point of denied boarding to the final destination.
Compensation may be reduced by 50% where the airline offers re-routing to the final destination and the passenger arrives close to the originally scheduled arrival time, namely:
- within two (2) hours for flights of 1,500 km or less;
- within three (3) hours for flights between 1,500 and 3,500 km, and
- within four (4) hours for flights exceeding 3,500 km.
Luggage problems
Passengers are also entitled to claim financial compensation if their luggage is lost, damaged, or delayed. To be eligible for a remedy or compensation, a Property Irregularity Report must be completed at the airport.
Furthermore, to claim compensation for damaged luggage, passengers must submit a written complaint to the airline within seven (7) days of receiving the damaged baggage.
In cases of delayed luggage, a written complaint must be submitted no later than twenty-one (21) days. If passengers need to purchase essential items such as toiletries while waiting for their luggage, all receipts should be retained in order to claim reimbursement of the expenses incurred.
In cases of lost luggage, passengers are entitled to compensation for the value of the baggage. The complaint must be submitted within seven (7) days from the date the baggage is declared lost.
Price transparency
When purchasing a flight ticket, passengers must be clearly informed of the final price. This price must include the airfare as well as all applicable taxes, charges, surcharges, and fees that are unavoidable and foreseeable at the time of publication. Where optional price supplements are offered, passengers must be clearly informed of these at the beginning of the booking process, and acceptance of such additional charges must be on an “opt-in” basis.
Lodge a complaintIf air passenger rights are not adhered to by the airline, passengers should first submit a complaint directly to the airline, including the booking reference, any reference number, and their ID or passport number. If no response is received within six weeks, the passenger may then contact the MCCAA by email at airpassengerrights.mccaa@mccaa.org.mt.
