Many travellers face difficulties when they try to enforce their rights following long flight delays. This is highlighted by a recent complaint that an air passenger submitted to the Malta Competition and Consumer Affairs Authority (MCCAA).
A flight from Malta was delayed by over four hours and the passenger concerned subsequently requested financial compensation from the airline involved, in line with European air passenger protection rules. The airline rejected the claim, making a general reference to “extraordinary circumstances”, such as possible bird strike, lightning strike or foreign object damage, without providing any specific evidence or information relating to the actual cause of the delay. The passenger challenged the airline’s reply and requested clarification and supporting documentation. However, the dispute remained unresolved.
The passenger subsequently sought assistance from the MCCAA, as the national enforcement body responsible for cases concerning delays originating in Malta. In this situation it is important to understand air passengers’ rights, the airline’s burden of proof, and the obligations imposed on carriers under EU Regulation 261/2004.
Air passengers are entitled to claim financial compensation for significant disruptions, such as flights delayed by over three hours, overbooked flights, or cancellations.
The financial compensation ranges from €250 to €600 depending on the distance of the flight. In particular, passengers travelling on flights of up to 1,500km are entitled to €250; those travelling between 1,500km and 3,500km may claim €400, while passengers on flights exceeding 3,500km are entitled to €600.
However, this compensation is not payable when the delay or cancellation is caused by extraordinary circumstances beyond the airline’s control.
According to the European Commission’s guidelines, ‘extraordinary circumstances’ are events that are: a) outside the airline’s control; b) could not have been reasonably predicted or avoided, and c) are not part of the airline’s normal day-to-day operations. Typical examples include situations such as severe weather that makes flying unsafe, such as a storm that forces the closure of an airport, war or serious political instability, security risks or terrorist threats, or industrial action by third parties such as air traffic control staff.
Technical problems resulting from the airline’s failure to properly maintain its aircraft do not qualify as ‘extraordinary circumstances’. For example, routine mechanical faults, wear and tear, or defects discovered during normal operations are considered part of the airline’s responsibility. If an airline claims that a delay or cancellation was due to a technical problem caused by extraordinary circumstances, the airline must prove this in case of a dispute with a customer.
“If passengers are not provided with the care and compensation they are legally entitled to, they should first address their complaint in writing to the airline responsible”
Even if an airline cites extraordinary circumstances such as extreme weather or a bird strike, as in the introductory example, it is still obliged to provide clear and verifiable evidence to substantiate its claim. This requirement is particularly important if the airline has offered multiple or inconsistent explanations for the same delay, as passengers have the right to understand the exact cause and to ensure that the airline’s reliance on extraordinary circumstances is justified. Without such evidence, the airline cannot simply refuse compensation.
Even if delays or cancellations are caused by events beyond airlines’ control, they still have a duty of care towards their passengers. This includes providing meals and refreshments appropriate to the length of the delay, access to communication, such as phone calls or e-mails, and accommodation if the delay extends overnight, including transport between the airport and the accommodation. These rights help ensure that passengers are not left without essential support during prolonged disruptions.
If a flight is delayed by over five hours, passengers are entitled to additional rights. In such cases, the airline must offer passengers a choice between a full refund of the ticket price within seven days, a return flight to the original point of departure, where applicable, or rerouting to the final destination under comparable transport conditions. Rerouting may be offered either at the earliest opportunity or at a later date, subject to availability. These rights apply in addition to the rules on financial compensation.
If passengers are not provided with the care and compensation they are legally entitled to, they should first address their complaint in writing to the airline responsible. If their complaint does not lead to a satisfactory solution, air passengers may escalate the matter to the national enforcement body in the country where the disruption occurred. These bodies are responsible for ensuring airlines comply with passengers’ legal rights.
For flights delayed or cancelled in Malta, as well as for flights arriving in Malta from a non-EU country, passengers may submit a complaint to the MCCAA, which oversees the enforcement of EU passenger rights.
For more information on air passenger rights, passengers may send an e-mail to the authority at: [email protected].
Odette Vella is director, Information, Education and Research Directorate, MCCAA.
