The three most common mistakes that put passengers' rights at risk

The three most common mistakes that put passengers' rights at risk

Imagine you find yourself at an airport, upset because you have just found out that your flight has been cancelled, delayed or overbooked. Under EU Regulation (EC) No. 261/2004, you are entitled to compensation if the disruption was within the airline's control and was delayed for more than 3 hours. Unfortunately, without even knowing it, passengers jeopardize their right to moral compensation.

Checking in late
The safest way to check in for your flight is to check in online. Unfortunately, some airports still ask their passengers to check in physically at the airport as well. Generally, there is a very clear cut-off date and time and there are thousands of reasons why someone might be late for check-in. However, checking in late leaves you without the right to claim compensation later.

A late check-in changes the passenger's status to "not present", so if you miss your flight or boarding is delayed, due to not showing up at the counter, you are not entitled to financial compensation. Therefore, you must check in within the established time and date, and always more than 45 minutes before boarding.

 

Late arrival on a flight with a stopover
The rights depend on how you have booked the flight. If the flight is part of a single booking ticket and the delay of the first flight causes you to arrive more than 3 hours late at your destination, you are entitled to compensation. If the flights were booked separately and you missed the second flight due to a delay in the first flight, you can request a refund from the first airline.

The refund may include moral compensation, the price of the ticket for the missed flight and the price of the new ticket you must purchase due to the delay of the previous one. However, if you miss the second flight because you did not leave enough time between flights to check in and board, the problem will fall on you and you will not get compensation.

The minimum layover time (MCT) depends on the airport, its size and the type of travel you are doing (domestic, international, etc.). Smaller airports usually have a lower MTC. For example, Vienna airport has a minimum layover time of 25 minutes. Larger hubs require a minimum time of one and a half hours and may even require more. If you are booking your flights separately to reach your destination, make sure you have enough time to be able to react if there is any change of plans, as the flight will not wait for you. To get a better idea of how much time you'll need, take airlines as an example: do a search and see how much time they allow between layovers.

Accepting airline vouchers
In case there is a disruption to your flight, airlines may offer you complementary vouchers “to make up for your problems” and ask for your signature when accepting it. Before doing so, make sure that you are not waiving your rights when you accept it. EU Regulation (EC) No. 261/2004 states that compensation must be made "in cash, by bank transfer, banker's order, checks or, with the passenger's signed consent, in travel vouchers and/or other services."

While travel vouchers are a regulated way to make payment to you, they do have some drawbacks. Vouchers can almost always only be used at the company that has provided them to you and there is usually a deadline for you to use them. On the other hand, monetary offsets can be used anytime, anywhere.

If you decide to accept a voucher as an offset, you must ensure that the amount offered is not less than the offset set by the EU Regulation. If you accept a voucher with a value lower than the compensation, you can still claim a refund, but the company may deduct the value of the voucher from the total compensation.

You should note that food, drink and accommodation vouchers in case of delay do not count as compensation. In the event of a long delay or cancellation, the airline must offer you free meals and drinks, access to free calls and let you use e-mail or fax. When you must wait one or more nights for your flight, they must guarantee hotel accommodations and transportation to and from the airport.