Airlines and tour operators have clearly defined obligations towards passengers if a flight is delayed. However, some of these do not apply in cases of natural disasters and other ”extraordinary circumstances”.
Several thousand passengers spent the night to Monday at airports in Gran Canaria and Tenerife waiting for traffic to resume. During the weekend, Swedish travellers reported very difficult conditions.
– There's a bit of a heated atmosphere here. There's no SAS representative to talk to and it's impossible to call them. And we haven't been given any sleeping arrangements for the night yet, Bosse Wikström told SVT Nyheter by phone.
Food and drink
Under EU:s förordning om flygpassagerares rättigheter är flygbolag skyldiga att förse passagerare med mat och dryck om flyget är mer än två timmar försenat, samt med logi om flyget skjuts upp till nästa dag. Passagerare har även rätt till information och hjälp att kommunicera med omvärlden via telefonsamtal eller e-post.
As a passenger, you should seek assistance from the airline before making your own arrangements, says Fanny Forsling, a lawyer at the Swedish Consumer Agency.
– You should contact the airline in the first instance. If the airline does not comply with the rules and you have to go ahead and arrange accommodation yourself, it is important to save receipts, she says.
Stricter requirements
For package holiday travellers, the Package Travel Act of 2018 applies, which tightened the requirements for travel companies.
– If a travel service is not performed in accordance with the agreement, the organiser must resolve the problem at no extra cost, says Fanny Forsling.
But even package holiday travellers can rely on the air passenger rights regulation, she says.
In addition, passengers are entitled to financial compensation of up to €600 for delays of more than three hours, plus damages for lost working time, for example.
Bad weather can lead to exceptions
However, this does not apply in the case of ”extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken”. This could, for example, involve political instability or weather conditions making it impossible to fly.
However, what constitutes an ”extraordinary circumstance” is not obvious and is decided on a case-by-case basis, says Fanny Forsling.
Anyone wishing to make a complaint should ensure they do so no later than two months after the trip has ended – otherwise, they risk losing out on compensation.
Source: svt.se
