EU law gives air travellers new deal

Air travellers will have additional rights from next Thursday, when new EU legislation comes into force.

The legislation will increase the level of compensation airlines must pay to passengers who have lost their seats because the airline overbooked the flight.

It will also introduce new rights to compensation for long delays or where a flight has been cancelled.

Passengers will also be entitled to claim a maximum of more than €1,000 in compensation where there is destruction of baggage or the loss or delay of luggage on a flight by an EU airline anywhere in the world.

The Department of Transport is in discussion with the Attorney General's Office to approve an enforcement body to deal with complaints arising from the new legislation.

From next Thursday, if an airline is short of seats because it has overbooked a flight, it must first ask for volunteers to give up their seats in exchange for agreed benefits. If a sufficient number of passengers do not volunteer to give up their seats, the airline will then have to compensate those passengers who are denied boarding.

Compensation will range from €250 to €600, depending on the distance flown.

This is double the compensation offered by airlines under previous legislation passed by the EU in 1991.

In addition, the airline must offer passengers the choice of a ticket refund or a flight back to their original point of departure if the journey is no longer worthwhile.

The airline may also offer passengers an alternative flight to continue their journey.

Meals, refreshments and accommodation must be provided if an overnight stay is required.

If a flight is delayed by between two and four hours - depending on the length of the flight - the airline must provide meals and refreshments, and accommodation where an overnight stay is requested.

If the delay is more than five hours, passengers are entitled to a refund of the price of their air ticket.

Up to now, specific air passenger rights only applied to scheduled flights departing from an EU member-state. The new law extends these rights to charter and domestic flights.

The law also applies to flights from an airport outside the EU if the destination is within the EU.

Passengers will also have new rights if their flights are cancelled.

If the cancellation is within the airline's control, passengers must be paid compensation on the same basis as overbooked passengers. However, if the airline has given them at least two weeks' notice of the cancellation, or has provided suitable alternative flights, then compensation is not obligatory.

If the cancellation causes delays of five hours or more, passengers are also entitled to an alternative flight or a ticket refund and a flight back to the original point of departure if the delayed journey is no longer worthwhile.