You must know you are protected by several right, that in most cases are not fulfilled by the airline companies, they go even further blocking any complaint (most of the never have an answer), usually the company’s strategy.

What can we do when our flight is cancelled?

Everybody has suffered the unilateral cancellation of his flight while traveling. The communitarian regulation lays down rules about compensation and assistance of the aerial passengers, in the case of a cancelled flight and clearly establishes that the affected people must be compensated by the companies.

This regulation establishes four basic rights for the passengers affected by an aerial cancellation.

• Right for an economical compensation, in cash, bank transfer, check o previous agreement, traveling bonds or any other services.

• Right to reimbursement or an alternative transportation.

• Right to assistance. In every case, despite the distance, the company must offer two free calls, telex or fas messages, or e-mails, and also enough food and drink, and accommodation acording to the waiting time.

• Right to be informed. Every aerial carrier must give to each passenger an information booklet about their rights, if there is a cancelled flight.

In the case that the airline company cancels a planned flight, must offer to the affected customers the follow choices:

Reimbursement in seven days of the whole cost of the ticket when it was bought, for the part o parts of the trip that wasn’t made, and the part or the parts of the trip made if the journey doesn’t make any sense in regard to the initial project of the traveler, and also – if proceed-, a return flight to the starting point, as soon as possible.

• To take the passenger to the final destination in a similar conditions of transport, as soon as possible.

• To take the passenger to the final destination in a similar conditions of transport, any other time that suits the customer, depending on the availability of places.
Also, free meals and refreshments will be offered to the passengers, and hotel accommodation, transport form the airport to the place of accommodation, and the possibility to call by phone, to send faxes, or e-mails.

The economical compensation for the passengers that have been affected with a cancelled flight, will be established in regard with the distance of the trip. So that:

+ 250 € are expected for a 1.500 Km. flight.

+ 400 € will be a compensation for intra-community flights longer than 1.500 Km. and every other flight from 1.500 to 3.500 Km.

+600 € will be expected for flights longer than 3.500 Km.

However, the carrier can reduce 50% this compensations if he offers to the passengers the possibility to take them to their final destination by an alternative transport, in a difference of the previous time of arrival for the first reserved flight:

• No more than two hours for every flight no longer than 1.500 Km. or

• No more than three hours for every intra-community flight longer than 1.500 Km.and every other flights between 1.500 and 3.500 Km. or

• No more than four hours for all the other flights.

The E C regulation foresees the cases, when the passengers don’t have a right for a compensation. The customers, won’t receive any indemnification when:

• They have been informed about the cancellation in two weeks in advance in regard with the planned time of departure.

• They have been informed about de cancellation between two weeks and seven days in advance, and an alternative transport has been offered that allow them to leave no more than two hours sooner than the time planned, and to arrive no more than four hours later, in regard of the arrived time planned.

• They have been informed about the cancellation, in less of seven days in advance, and an alternative transport has been offered that allow them to leave no more than one hour sooner than the time planned, and to arrive no more than to hours later, in regard of the arrived time planned.

Finally, the airline company will be exonerated to face any compensation, in case they can prove that extraordinaire circumstances have been the cause of the cancellation, impossible to avoid, even if all the necessary steps had been taken.

In accordance with the legal previsions included in the CE Regulation nº 261/2004 about compensation and assistance to the aerial passengers in case of flight cancellation, the protection of the customers wouldn’t be appropriate if the compensation accredited wouldn’t covered all the damages. The customer has also the right to be compensate for the moral damages derived from the default or a wrong performance of the aerial transport derived service. In this sense, the automatic indemnifications admitted for the Regulation in certain cases of cancelled flights, shouldn’t be misinterpreted as a limit to the aerial carrier’s responsibility, but as minimum indemnifications that don’t prevent from demanding additional compensations, in regard with the harms and damages suffered as a result of the aerial carrier behavior.