Passengers in Europe Get More Rights From Courts

Friday, January 23rd, 2009

A court in the European Union ruled that airlines must compensate passengers for money lost because of cancelled flights.  This does not only include flights on a particular airline, but also connections on other airlines missed because of cancelled flights.

The decision stems from a case involving an Austrian couple whose flight on Alitalia Airlines was cancelled, causing them to miss a connecting flight.  

Alitalia claimed that the flight delay was caused by extraordinary circumstances and there was no way of safely making the flight.  However, the judge ruled that the airline knew about a mechanical fault in the plane a day before and simply failed to make the probable delay known to passengers.  Because of the failure to notify the couple and arrange for other means of transport, Alitalia had to compensate the couple for their flight and for the missed connection, as well as for phone calls the couple made to arrange a new flight at their destination.  This sets a new precedent for European airlines.  They must compensate passengers for missed flights unless there truly are unforeseen circumstances such as a terrorist warning or severe weather.    

This ruling gives passengers more ammo to go after airlines who are not providing what they have promised.  However, it is necessary for passengers to be informed of their rights before such a situation arises.  Armed with the knowledge of the new EU precedent, passengers will be able to “remind” airline personnel what services they are required to provide.  Cancellations and delays are commonplace and acting like you know what you are entitled to can be the difference between quickly getting on a new flight or being stranded in an unfamiliar place with no one to help you arrange a new connecting flight.  The EU ruling against Alitalia could bring a new era in passenger rights.