Due to the ongoing war in the Middle East, a number of travellers may experience flight cancellations, delays or changes to their travel and holiday arrangements. Consumers’ rights in these cases depend on the type of booking they made and on how the disruption affects their journey.
Flight-only bookings are covered by the Air Passenger Rights Regulation (EC) No 261/2004, while package holidays are governed by the Package Travel and Linked Travel Arrangements Regulations.
These legal frameworks set out when travellers are entitled to refunds, rerouting or other remedies when trips are disrupted as a result of extraordinary and unavoidable circumstances, such as the current situation in the Middle East.
If your inbound or outbound flight to the Middle East is cancelled
Air passengers whose flights have been cancelled due to the ongoing situation in the Middle East have specific rights under EU law. In the case of passengers stranded abroad while waiting for their inbound flights, the airline operating the flight is legally obliged to provide the passengers appropriate care and assistance. This includes offering meals and refreshments, access to a means of communication, such as phone calls or emails, and, if the disruption extends overnight, or even a few days in this case, passengers should also be provided free accommodation, including transfers between the airport and the hotel.
These measures ensure that passengers are supported during travel disruptions caused by extraordinary and unavoidable circumstances, helping to minimise the inconvenience and stress associated with cancelled flights.
Passengers who are not provided with the required care and assistance by the airline may make their own arrangements for meals, accommodation and transport. Any expenses incurred should be kept reasonable and can subsequently be claimed back from the airline responsible for the cancelled flight.
In addition to the above, under EU law, passengers whose flight has been cancelled are entitled to choose between:
• a full refund of the ticket price, and if the journey involves a connecting flight, a return flight to the airport of departure at the earliest opportunity, or
• rerouting to the final destination, either at the earliest opportunity or on a later date chosen by the passenger, under comparable transport conditions and subject to availability.
“If the flight operates as scheduled, but they choose not to travel due to safety or comfort concerns, the airline is not legally obliged to provide a refund”
Passengers who have not yet begun their outbound journey to the Middle East should first wait for the airline to officially cancel the booked flight. Once a flight is cancelled, passengers are legally entitled to a full refund of the ticket price. No additional financial compensation is due, as such cancellations are considered extraordinary circumstances beyond the airline’s control.
Passengers should note that if the flight operates as scheduled but they choose not to travel due to safety or comfort concerns, the airline is not legally obliged to provide a refund.
If you have booked a package holiday to the Middle East
If you have booked a package holiday to the Middle East, you may be entitled to cancel your trip and receive a full refund without paying any termination fee under the Package Travel and Linked Travel Arrangements Regulations.
This right applies when extraordinary and unavoidable circumstances at the destination significantly affect the performance of the holiday and/or transport to the destination.
For instance, if the hotel where you were staying is closed due to local unrest, or flights to the destination are suspended because of security reasons, these circumstances would likely entitle you to cancel your holiday and be refunded in full.
Whether this right applies depends on the specific circumstances at the time of travel. Consumers are therefore strongly encouraged to stay in regular contact with their travel agent or organiser, who is legally responsible for keeping travellers informed about any developments that may impact their booking. This includes providing updates on changes to itineraries, transport arrangements or safety conditions at the destination.
Travellers who have not booked a package holiday to the Middle East but who have other package holidays booked to different destinations, and are simply afraid to travel because of the current situation, should be aware that they are not legally entitled to cancel their holiday free of charge. In such cases, if they decide to cancel their package holiday, the cancellation will be treated as a voluntary termination of the contract and the traveller will therefore be liable to pay the applicable termination (cancellation) fee in accordance with the terms of the package travel contract.
For further information and assistance, air passengers and travellers may contact the Malta Competition and Consumer Affairs Authority through its website at www.mccaa.org.mt or by calling the consumer helpline on 8007 4400.
Odette Vella is director, Information, Education and Research Directorate, MCCAA.
