Know your rights as a stranded airline passenger

Posted by Bronwen Maher on April 27, 2010 at 04:00 PM

Having spoken to the European Commission regarding passenger rights this morning, I can confirm that under EC Regulation 261/2004 any passenger stranded across Europe as a result of cancelled flights is entitled to have their accommodation costs covered by their airline while they wait for a rescheduled flight. 

The right to accommodation while waiting for alternative transport is iron-clad under European law. If a passenger is stranded in a European city and later travels home on a re-routed flight, they are entitled to have their accommodation costs for the interim period covered by the airline involved. 

However travellers are required to follow a strict set of procedures if they are to reclaim these expenses. There are also a separate set of guidelines for passengers who wait for a rescheduled flight and those who choose to make their own way home.

Passengers who wait for a rescheduled flight

Passengers who travel home on a re-routed flight or any other form of transport organised by their airline will be reimbursed for their additional accommodation by taking the following steps- 

1. Keep all receipts collected during your additional stay and submit a copy of them to the airline on your return. Be sure to send only a copy of these receipts in case your correspondence with the airline is lost. The airline is legally required under EC regulation 261/2004 to reimburse you for these accommodation expenses. 

2. If the airline refuses to honour this request, the passenger should contact the relevant aviation agency in the country of their departure. As such, if the traveller was stranded in Berlin and travelling back to Dublin, they would be required to contact the German authorities. A list of these national agencies can be accessed at http://ec.europa.eu/transport/passengers/air/doc/national_enforcement_bodies.pdf. 

3. In the case of your airline refusing to honour your initial request, the national aviation agency will then oblige to airline to reimburse you for your accommodation.

Passengers who made alternative travel arrangements

By making separate travel arrangements, the passenger is in effect breaking their contract with the airline and absolving them from their lawful obligation to provide the passenger with assistance while they're in between flights. 

As such any passenger who plans to organise their own way home rather than waiting for a rescheduled flight will find it more difficult to be reimbursed by their airline. However it is still possible. To find out if you qualify for accommodation reimbursement, having made your own way home, you should take the following steps- 

1. Make sure to keep all receipts of your accommodation, and submit a copy of them to your airline. 

2. If the airline refuses to reimburse you for these expenses on the grounds that you found your own way home, you may refer the case to the national aviation agency in the country of your departure. A list of these agencies can be found at http://ec.europa.eu/transport/passengers/air/doc/national_enforcement_bodies.pdf. 

3. The national aviation agency of the country in which you were stranded will then arbitrate on whether or not you qualify for reimbursement. This is a "matter of interpretation", according to the European Commission, and as such it is difficult to predict whether or not your application will be successful or not. However by going through this process you will at least give yourself a decent chance.  

If you have any questions particular to your own case, the European Commission has set up a free helpline to deal with passenger queries, accessed at 00800 67 89 10 11.

You can also find full details and the latest information on your rights as an airline passenger at www.apr.europa.eu.

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