Air passengers rights

What information should a consumer know if unexpected circumstances arise when planning to travel by plane?

Should you find yourself in a situation where your flight will be considerably delayed, is cancelled altogether, or you are being denied boarding as the number of registrations for a certain flight exceeds the number of seats available, you should contact the employees or representatives of the air carrier as they will be the first to assist you in the given situations.

The operating air carrier must ensure that a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers at check-in: "If you have been denied boarding or if your flight has been cancelled or delayed for at least two hours, please enquire at the check-in counter or boarding gate for the document which relays your legal rights, in particular with regard to compensation and assistance".

The European Union has developed a list of rights, intended to ensure the fair treatment of flight passengers. NB! The air carrier that operates your flights is responsible for you and your luggage and must take your rights into consideration.

Click here to find Regulation (EC) No 261/2004 of the European Parliament and of the Council that regulates the rights of passengers.

It's important to know that consumers meet certain obligations to qualify for the rights established with the aforementioned regulation. For example, passengers are required to have a confirmed reservation on the flight in question and present themselves for check-in on time. The rights enforced by the regulation are applicable to passengers departing from or arriving at an airport located in the territory of a Member State; the rights are also applicable to passengers departing from an airport located in a third country to an airport situated in the territory of an EU member state, if the operating air carrier of the flight concerned is an EU carrier.

Delayed flight - passengers are not entitled to compensation upon their flight being delayed but they have a right to care. Right to care means that passengers will be offered meals and refreshments reasonable to the waiting time, two telephone calls, etc. Depending on the duration of the delay, passengers may be entitled to reimbursement of their tickets (should they decide not to take the flight) or free accommodation (should the flight be postponed until the next day).

Denied boarding - there may be situations where the number of reservations made for a certain flight exceeds the number of seats available for that respective flight. In such a situation, the operating air carrier shall first call for volunteers to give up their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier. The air carrier is also required to offer the volunteers another alternative for reaching their destination or reimburse their tickets.

If there are no volunteers, the passengers who are being denied boarding are entitled to an alternative route for reaching their destination or reimbursement of their tickets, but they also have a right to compensation to be paid immediately. The compensation rates depend on the route and flight kilometres, and vary from 125 EUR to 600 EUR (from 1,955 EEK to 9,388 EEK).

In addition to compensation, re-routing, or reimbursement of tickets, the passengers denied boarding also have a right to care (meals and refreshment, telephone calls) and accommodation, including transport between the airport and the place of accommodation.

Cancelled flight - the operating air carrier is required to offer the passengers either a reimbursement of tickets or re-routing alternatives for reaching their final destination. The operating air carrier is also required to attend to the passenger (i.e., meals and refreshment, telephone calls) and, if necessary, accommodation also, including transport between the airport and the place of accommodation.

The right to compensation is dependent on a number of factors - how soon were passengers informed of the cancellation and the reason for cancellation. Should a flight be cancelled for extraordinary circumstances, such as adverse weather conditions, unexpected technical failures, strike of airport personnel, etc., the passengers will have no right to compensation.

Should a passenger have a right to compensation, the compensation paid upon cancellation can range from 125 - 600 EUR. Whether the compensation shall be paid in cash, electronic bank transfer, bank order/bank cheques or travel vouchers, depends on the conditions agreed upon by the parties. The compensation must be paid within seven days.

How to proceed if the rights of a plane passenger are violated?

Should your flight be considerably delayed, cancelled altogether, or you are being denied boarding, you should first approach the employees or representatives of the operating air carrier concerned, as they are required to assist their passengers. If you are being denied the required assistance or if the aforementioned rights are violated, we would recommend that you file a complaint immediately with the operating air carrier concerned.

Should the consumer and operating air carrier fail to reach an understanding, consumers in Estonia are entitled to apply to the European Consumer Centre of Estonia or to the Estonian Consumer Protection Board for assistance. As provided for by law, the Consumer Protection Board may issue a precept to the operating air carrier concerned, demanding that the carrier pay compensation to the passenger as well as providing the necessary assistance.