(Verżjoni Maltija)

When travelling by air we may experience various problems that hinder us from boarding our flight and arrive at our destination on time. The most common problems are: delayed flights, cancellation or overbooking.

As passengers, we may also experience problems with our luggage, and at the booking stage, we may have some issues regarding the actual price of the flight ticket purchased.

6.1 Delay

When a flight is delayed for more than two hours, legally we are entitled to care and assistance by the airline. The extent of care depends on the length of the delay. Flight ticket reimbursement or re-routing may also apply, as well as financial compensation.

6.1.1 Care and assistance

In the event of flights that are delayed for two hours or more, airlines are obliged to take care of us by providing us with:

• two free phone calls, telex or fax;
• meals and refreshments proportional to the length of time we have to wait at the airport;
• in cases of flights delayed to the following day, hotel accommodation and transport to the hotel.

6.1.2 Flight ticket refund or re-routing

When a flight is delayed for more than five (5) hours, as passengers we 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 our final destination at the earliest opportunity or at a later date convenient to us and subject to availability of seats.

6.1.3 Financial compensation

In cases of delays exceeding three hours, we 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 where we are denied boarding and our final destination.

The financial compensation is reduced by half when the airline offers re-routing to our final destination and we arrive at our final destination close to the original arrival time. Such as when:

• we arrive at our final destination by not later than two (2) hours of the time of the flight originally booked in respect of all flights of 1,500 km or less, or
• not more than three (3) hours in cases of flights between 1,500 and 3,500 km, and
• by four (4) hours in respect of flights of more than 3,500 km.

In the case of "Extraordinary Circumstances":

• As passengers we are not entitled to financial compensation if a flight is delayed due to extraordinary circumstances, that is, circumstances that are beyond the airline’s control.
• Extraordinary circumstances include political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and also strikes that affect the operation of an operating carrier.

6.1.4 Lodge a complaint

If your air passenger rights are not adhered to by the airline, you first need to complain directly to the airline. You will need to provide the airline with your booking number, reference number, and ID/passport number in your complaint.

Then, if after 6 weeks you are not contacted by the airline, you can lodge a complaint by either filling in the EU complaint form which can be downloaded through the following link;

https://www.mccaa.org.mt/media/1042/eu_complaint_form__air_passenger_rights-1.pdf

or

by sending an email at airpassengerrights.mccaa@mccaa.org.mt

6.2 Cancellation

In the event of a flight cancellation, our passenger rights vary depending on when we are informed of the cancellation. Whenever flights are cancelled without prior warning, we should be offered a choice between a full refund and an alternative flight. In addition to this, we are also entitled to care and assistance and also to monetary compensation.

6.2.1 Care and assistance

When a flight is cancelled and we are left waiting for an alternative flight at the airport, we are entitled to care and assistance proportionate to the waiting time.

Airlines are obliged to take care of us by providing us with:

• two free phone calls, telex or fax;
• meals and refreshments proportional to the length of time we have to wait at the airport;
• in cases of flights delayed to the following day, hotel accommodation and transport to the hotel.

6.2.2 Flight ticket refund or re-routing

If an airline cancels our flight, we 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 our final destination at the earliest opportunity or at a later date convenient to us and subject to availability of seats.

6.2.3 Financial compensation

Unless we are informed that our flight has been cancelled at least 14 days before the scheduled time of departure, or are offered re-routing close to the original time of departure and arrival, we 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 where we are denied boarding and our final destination.

The financial compensation is reduced by half when the airline offers re-routing to our final destination and we arrive at our final destination close to the original arrival time. Such as when:

• we arrive at our final destination by not later than two (2) hours of the time of the flight originally booked in respect of all flights of 1,500 km or less, or
• not more than three (3) hours in cases of flights between 1,500 and 3,500 km, and
• by four (4) hours in respect of flights of more than 3,500 km.

In the case of "Extraordinary circumstances":

• As passengers we are not entitled to financial compensation if a flight is cancelled due to extraordinary circumstances, that is, circumstances that are beyond the airline’s control.
• Extraordinary circumstances include political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and also strikes that affect the operation of an operating carrier.

6.2.4 Lodge a complaint

If your air passenger rights are not adhered to by the airline, you first need to complain directly to the airline. You will need to provide the airline with your booking number, reference number, and ID/passport number in your complaint.

Then, if after 6 weeks you are not contacted by the airline, you can lodge a complaint by either filling in the EU complaint form which can be downloaded through the following link;

https://www.mccaa.org.mt/media/1042/eu_complaint_form__air_passenger_rights-1.pdf

or

by sending an email at airpassengerrights.mccaa@mccaa.org.mt

6.3 Overbooking

An airline may deny passengers from boarding the aircraft due to overbooking.

When a flight is overbooked, the airline must call on volunteers to give up their seats to other passengers. If volunteers come forward, they are entitled to a sum of money or other benefits to be agreed with the airline.

Volunteers also have the right to choose between an alternative flight or a refund of the unused ticket.

The airline may refuse to board passengers if an insufficient number of volunteers come forward.

Passengers who are denied boarding must be offered an alternative flight or refund, financial compensation and care and assistance while waiting at the airport.

6.3.1 Care and assistance

When a flight is overbooked and we are left waiting for an alternative flight at the airport, we are entitled to care and assistance proportionate to the waiting time.

Airlines are obliged to take care of us by providing us with:

• two free phone calls, telex or fax;
• meals and refreshments proportional to the length of time we have to wait at the airport;
• in cases of flights delayed to the following day, hotel accommodation and transport to the hotel.

6.3.2 Flight ticket refund or re-routing

When an airline denies us from boarding on a flight even if we have a valid flight ticket and have checked in for our flight on time, we 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 our final destination at the earliest opportunity or at a later date convenient to us and subject to availability of seats.

6.3.3 Financial compensation

In cases of denied boarding due to overbooking, we are entitled to monetary 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 where we are denied boarding and our final destination.

The financial compensation is reduced by half when the airline offers re-routing to our final destination and we are at our final destination close to the original arrival time. Such as when:

• we arrive at our final destination by not later than two (2) hours of the time of the flight originally booked in respect of all flights of 1,500 km or less, or
• not more than three (3) hours in cases of flights between 1,500 and 3,500 km, and
• by four (4) hours in respect of flights of more than 3,500 km.

6.3.4 Lodge a complaint

If your air passenger rights are not adhered to by the airline, you first need to complain directly to the airline. You will need to provide the airline with your booking number, reference number, and ID/passport number in your complaint.

Then, if after 6 weeks you are not contacted by the airline, you can lodge a complaint by either filling in the EU complaint form which can be downloaded through the following link;

https://www.mccaa.org.mt/media/1042/eu_complaint_form__air_passenger_rights-1.pdf

or

by sending an email at airpassengerrights.mccaa@mccaa.org.mt

6.4 Luggage problems

As air passengers, we also have a right to claim financial compensation if our luggage is lost, damaged or delayed.

To be eligible for a remedy or compensation we need to compile a Property Irregularity Report at the airport.

Furthermore, to claim compensation for damaged luggage, we must complain in writing to the air carrier within seven (7) days of receiving the damaged baggage.

In the case of delayed luggage, the written complaint must be made at the latest within twenty-one (21) days. If we need to buy essential items, such as toiletries, while waiting for our luggage, we must retain all receipts of the purchases to claim the expenses incurred.

In the case of lost luggage, we are entitled to compensation for the value of the luggage. We must put forward our complaint within seven (7) days after our baggage has been declared lost.

6.5 Price transparency

When purchasing a flight ticket as consumers we must be clearly informed of the final price.

The final price should include the applicable airfare and applicable taxes, charges, surcharges, and fees that are unavoidable and foreseeable at the time of the publication of the price.

When there are optional price supplements, we must be unambiguously informed about these at the start of the booking process. Our acceptance of these extra charges should be on an “opt-in” basis.